General legal nature of technical qualifications in constitutional law
Abstrak
The article is devoted to the study of the constitutional and legal nature of technical qualifications. The work provides a general description of technical qualifications in constitutional law. The focus is on their individual varieties, in particular: age limit, the introduction of which pursues the goal of granting a citizen the right to participate in the management of state affairs at the optimal age, when the person has formed as a personality and has fully realized civic positions; citizenship qualification, which means that the right to participate in state governance, in referendums, in the formation of representative bodies of government is granted only to citizens of this state; capacity qualification, which pursues the goal of admitting to the processes of state building citizens who are able to properly realize the significance of their actions; health qualification, the essence of which is that the right to participate in state governance belongs only to those citizens who have a satisfactory state of physical health; the residency requirement, the purpose of which is that the condition for citizens' admission to state-building processes, including elections, is their residence within the period established by law on the territory of either the state or its separate locality (electoral district). A separate group of technical qualifications in constitutional law consists of language qualifications, literacy (education) qualifications, and professionalism (competence) qualifications, the essence of which is that a person can apply for a certain position only if he or she has the appropriate level of education, professional experience and competence, thanks to which a person is able, within the limits of the powers defined by the position, to apply special skills, knowledge, abilities, and demonstrate appropriate moral and business qualities for the proper performance of established professional tasks and duties. The paper concludes that the presence of technical qualifications contributes to the formation of a high-quality mechanism of public power in the state, which increases the efficiency of the functioning of the state itself. Also, the use of technical qualifications in the processes of state formation contributes to their streamlining in terms of clearly defining the conditions and professional requirements for candidates for representative bodies of public power. It is important that their implementation is balanced to ensure the rights and freedoms of citizens, is not excessive, and does not lead to their transformation into a tool for discriminating against individual citizens or certain social groups.
Penulis (1)
M. V. Marchuk
Akses Cepat
- Tahun Terbit
- 2025
- Bahasa
- en
- Sumber Database
- CrossRef
- DOI
- 10.24144/2788-6018.2025.05.1.19
- Akses
- Open Access ✓