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Democratization Or Disqualification: How Restrictions On A Person’s Right To Stand For Election Effects Democracy

Deanna Schreiber
Fordham Law School
United States

My paper evaluates candidate disqualification laws and practices immediately following the fall of the Soviet Union in both the Czech Republic and Russia and compares those findings with the candidate disqualification laws and practices in place for each country’s 2021 legislative elections. The Czech Republic implemented restrictive and expansiveness lustration laws to establish a new regime, as compared Russia which sought to preserve and protect their transitional system without any lustration laws. There is a clear correlation between each countries’ decision about implementing lustration laws and the resulting successes of each new regime. Russia’s decision to forego these severe lustration laws, has led to a country that is considered less stable and less democratic than the Czech Republic. As time has passed, the determinations of each transitional government have had obvious effects on shaping these countries today. Today, the Czech’s overly restrictive measures, which were considered antithetical to democracy, have dwindled and their system is able to host free and fair elections. Whereas, Russia is still facing political instability and corruption, and is using disqualification laws as a tool to hold onto prior regimes, rather than transition.

 

 


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