The concept and characteristics of direct democracy

In the modern world and politics, democracy is one of the most frequently used concepts that, among other things, is explained by the complexity and multidimension of the relevant category. It should be noted that one of the most ancient types (forms) of democracy is rightfully recognized by its direct (or immediate) species.

In general, the concept of direct democracy can be formulated as follows:

Definition 1.

The direct (immediate) democracy is the form of a political organization and a social device, the essential characteristic of which is the fact that the most important solutions for the development and life of society are initiated, accepted and executed directly by citizens.

In other words, direct democracy is characterized by the direct implementation of the decision-making procedure by the population itself, including as a result of rule-making in the relevant area.

At the same time, in modern literature, it was noted that a certain universality of direct democracy, throughout historical development allowed it to act as a separate holistic system (for example, in the ancient Greek states of polishes) and in the form of an element of a larger socio-political organization of modern states.

Signs of direct democracy

Essential signs of direct (immediate) democracy, including those of them, which can be formulated based on the content of the above-mentioned category under consideration, have a direct impact on those forms in which it can be embodied in public life. In this regard, it seems to be expedient to dwell on the signs of direct (immediate) democracy allocated in the special literature. In particular, including those called:

• The main is the people who are not only the process of developing, adopting and implementing politically significant decisions, but also responsibility for relevant activities;
• As part of direct democracy, various options and directions are found to initiate issues to be solved, including from individual citizens, social groups, public organizations, state authorities and local self-government, political parties, etc.

In addition, it should be paid to the fact that along with the positive parties to direct democracy, which, of course, can be attributed to the operationalization and adoption of specific decisions at the level of relatively small social groups, the form considered is characterized by the presence of certain drawbacks.

Example 1.

So, for example, the weak side of the direct democracy is recognized that on the basis of the content of its entity, the use of direct democratic mechanisms is quite difficult in large areas, including due to the complexity of the formation of issues to be resolved, tightening the relevant processes, the difficulty of coordinating the inconsistent (A Often - and directly opposite) interests of large social groups, etc.

Thus, considering the resulting concept, signs and essential features of the direct (immediate) democracy, we turn to the consideration of those forms through which the relevant mechanisms are possible.

Forms of direct democracy

In the most general form, the definition of forms of direct democracy can be represented as follows:

Definition 2.

Forms of direct democracy - a set of specific measures and measures through the implementation of which the implementation of the mechanisms of direct democracy becomes possible.

At the same time, based on the complexity of democracy as a political regime as a whole, and the multi-term of direct democracy in particular, a wide variety of forms of its immediate implementation may be allocated, the most common of which is customary:

• People's voting (referendum) is the adoption of communicative regulations as a result of direct voting of citizens who have the relevant right. As a rule, the range of issues on which on the referendum may apply the mandatory orders are quite wide, and is presented with issues directly affecting the parties to the life and direction of the development of society. However, at present, including in the Russian Federation there is a tendency to restrict the circle of relevant issues. For example, in the Russian Federation, citizens cannot receive or reject the budget as a result of a popular vote, to decide on the introduction or cancellation of general obligatory taxes and fees, etc.;
• National Discussion - a form of direct democracy, involving the right of a group of voters to initiate a proposal to change and supplement individual items, sections or chapters already adopted and operating regulatory legal acts in the state;
• People's Initiative - a procedure for introducing a group of citizens of projects of regulations in the presence of the legislative authority to consider it and decide or on adoption (including after the change in the individual provisions of the initial project), or to refuse to adoption;
• The imperative mandate is the right of the people to take complicatory for individual deputies or judges, the right of the people to report individual deputies or judges, the obligation of individual deputies or judges to regularly report to the people and the right of the people to demand an extraordinary report from them.

Topic 12. Forms of direct democracy in the system of local self-government

12.1.Forms direct willing of citizens at the local level

Forms of direct will contribute to the direct exercise of the power by the population of the municipality and are an important element of the system of local self-government. Forms of direct willing of citizens can be two types:

1) Forms of direct will mandatory Character - these are forms that allow you to identify mandatory to fulfill the will of the population of the municipality: a local referendum, municipal elections, meetings (gatherings);

2) Forms of direct will recommendative Characters are forms that contribute to the identification of public opinion of the population about the implementation of local self-government and allow authorities and officials of local self-government to adopt (or not accept) the decision taking into account the views and interests of the majority of the population. These forms are territorial public self-government, the People's Agricultural Initiative, the appeal of citizens to local governments, the conference of residents on local issues, public opinion polls, rallies, demonstrations, processions, picketing, etc.

The highest direct expression of the population will is the local referendum. Local referendum - This is the vote of citizens on the most important issues of local self-government. The Constitution, enshrining a referendum as one of the forms of local self-government (Art. 130), recognizes the right to participate in the referendum (Art. 32) for each citizen of the Russian Federation.

Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Local Government Organization in the Russian Federation" (hereinafter in this chapter - the Law on Local Self-Government) establishes the following principles of local referendum: 1) Participation in the referendum is universal and equal; 2) the voting is carried out directly and voluntarily; 3) control over the will of citizens is not allowed.

In accordance with the Local Self-Government Act 2003 (Art. 22), the decision to hold a local referendum is made by the representative body of local self-government on its own initiative or at the request of the population in accordance with the charter of the municipality.

The subjects of the Russian Federation adopted laws or provisions on the local referendum, which consolidate the requirements for their conduct. For example, according to the Law of the Saratov region "On referendums in the Saratov region", certain issues are submitted to the local referendum: on the creation or division of local governments in the territory of municipalities, the change in the boundaries of municipalities, etc. on the local referendum of the Saratov region Issuing questions: 1) on the adoption and change in the budget of municipalities; 2) on the introduction, change, cancellation of taxes and fees; 3) on making emergency and urgent measures to ensure the health and safety of the life of the population; 4) On the extension of the powers of the heads of municipalities, heads of administrations and representative bodies of municipalities.

The charters of municipalities acquire a specific definition of the following issues: the procedure for collecting signatures of residents of this municipality may be required to hold a local referendum; necessary number of such signatures; the procedure for the creation, rights and obligations of relevant initiative groups of the population; Terms of destination of the local referendum, etc.

According to the Local Self-Government Act 2003 (Art. 22), the decisions taken at the local referendum do not need to be approved by any state authorities, government officials or local governments and are mandatory for all authorities, officials, enterprises. , institutions, organizations located in the territory of the municipality, as well as citizens. Decisions taken at the local referendum and the results of voting are subject to official / Posted by (publication).

Municipal elections As well as the local referendum, are the highest direct expression of the will of the population of the municipality. Their meaning is determined, first of all, the fact that the elections are formed by representative bodies of local authorities and receive their powers of the head of the local administration. During the election campaign, citizens direct the activities of local governments, critically evaluate their work. Each election campaign stimulates the development of social activity of citizens, contributes to the identification of their urgent needs and interests, creates the necessary prerequisites for their satisfaction.

According to the Local Self-Government Act 2003, the municipal elections are carried out on the basis of the general principles of the electoral law of Russia: universal equal direct election law during a secret ballot. In the Federal Law of June 12, 2002 No. 67-FZ "On the basic guarantees of electoral rights and the rights to participate in the referendum of citizens of the Russian Federation", the process of organizing elections of local self-government bodies is determined and the following stages are allocated: 1) election assignment; 2) the formation of electoral districts and plots, the formation of election commissions, drawing up a list of voters; 3) nomination and registration of candidates for election to local governments; 4) conducting election campaigning; 5) voting; 6) Determining the results of the elections.

More detailed regulation of these stages and other issues of municipal elections are obtained in the laws of the constituent entities of the Russian Federation, for example, in the law of the Saratov region "On elections to local governments of the Saratov region".

Residents of municipalities have the opportunity to revoke elected first deputies and officials of local self-government who did not meet the confidence of voters. According to the Local Self-Government Act 2003 (Art. 24), the vote of residents in response to the deputy and the elected official of local self-government possible under two conditions: 1) In court order, concrete unlawful decisions or actions (inaction) of the deputy should be proved in court (and the deputy should be given the opportunity to give voters to explain about the accusations nominated); 2) For feedback, the deputy should vote at least half of the voters registered in the municipality.

Like citizens - This is the traditional local business management form for Russia. Makers provide citizens with the possibility of a combination of collective discussion of issues and decision-making with personal activity and initiative expressing in their issues, speeches, participation in voting, etc. The similarities also serve as a form of attracting citizens to the implementation of a wide variety of managerial functions. According to the Local Self-Government Act 2003, in small urban and rural settlements - with the number of voters less than 100 people - gatherings take on the role and functions of the representative body, which in such cases is not formed. The order of convocation and conduct of similarity is determined at the level of the constituent entities of the Russian Federation and local governments. Decisions taken at the occasion of citizens are mandatory for execution.

Territorial public self-government According to the 2003 local government law (Art. 27), is the form of self-organization of citizens at their place of residence in part of the territory of the municipality. It should be noted that the territorial public self-government is a voluntary form of self-organization of citizens, that is, it may not be in demand by residents.

People's lawcraft initiative A fairly relevant form of direct willing of citizens, which allows to identify the public opinion of the population about the implementation of local self-government. Citizens with their proposals and projects on local issues can help representative bodies in the development of local regulations.

The law on local self-government 2003 determines and guarantees the implementation by the population of the municipality of its right to the national law-conducting initiative. These guarantees are binding to, firstly, with the obligation of local governments to consider open meetings with the participation of representatives of the population of legal acts on local importance issued by the population, and, secondly, with the official publication of the results of their consideration.

To implement the law-based initiative, the Law on Local Self-Government establishes the minimum number of the initiative group of citizens: no more than 3% of the number of residents of the municipality, which have the right to be right. The contribution of citizens to the adoption of a legal act in the order of the law-conducting initiative is not mandatory for local governments. Motivated refusal of local governments in the adoption (edition) of the legal act, the project of which was introduced by the population in the manner of the people's law-conducting initiative, does not entail any legal consequences.

Appeals Citizens in local governments as one of the forms of direct willing of the population of the municipality gives them the opportunity to participate in determining the tasks and activities of local government bodies, in developing projects of their decisions, in control over the activities of bodies and officials of local self-government. The appeals of citizens are an important means of manifestation of social and political activity, the interest of residents in public affairs. In addition, it is a way to strengthen the connections of the municipal office with the population and the source of information necessary to solve current issues of public life.

Citizens have the right to apply to local self-government bodies, both personally and to send individual and collective appeals in them. Guarantees of the implementation by the population of the municipality of its right to appeal to local governments enshrines the Local Self-Government Act 2003. This is the obligation of local governments to consider the appeals of citizens within a month and administrative responsibility, which can be established for violation of the deadlines and the order of response to the appeal of citizens.

Public opinion polls One of the forms of direct willing of the population, allowing to identify public opinion on the implementation of local government. The results of public opinion polls are being analyzed, sociological research, and then brought to the population through local media. Authorities and officials of local self-government are interested in constant monitoring and publishing their results. They allow you to find out the position occupied by the population of the municipality in relation to local authorities, and to quickly react to it; Help to identify the problems of the population and make a decision taking into account the opinion and interests of the majority; make it possible to clarify your views and positions; And also get and report additional information.

One of the new forms of direct democracy became public hearing which are held by the head of the municipality involving residents to discuss the most important projects of local regulatory acts. So, on public hearing, according to the Law on Local Self-Government, 2003 should be carried out: 1) the draft charter of the municipality, as well as projects on making changes and additions to the Charter; 2) the project of the local budget and the report on its execution; 3) projects of plans and programs for the development of municipality; 4) questions about the transformation of the municipality; 5) Questions of urban planning.

Ringings, Demonstrations, Processions, Picketing And other mass performances are one of the important, although contradictions affecting the socio-economic life of citizens of the form of direct democracy. These shares express the mood of the inhabitants to a certain extent, therefore, ignoring such forms of the willing of citizens can lead to a change of power, to breaking the adoption and fulfillment of effective development programs and to destabilize the vital activity of the entire municipality.

These forms also play an important role in attracting the attention of local government agencies to current issues of socio-economic development of the territory and other issues requiring urgent permission. In this regard, the Federal Law of June 19, 2004 No. 54-FZ "On meetings, rallies, demonstrations, processions and picketings" for mass speeches makes a number of requirements: they cannot be carried out in prohibited places, should pass peacefully and unarmed, without Calls to the change of power, should not pursue the goals prohibited by law and should be carried out without the participation of children.

Along with the federal legislation, the forms of direct democracy are also entitled to participate in the implementation of local self-government in other forms that do not contradict the current legislation.

Types (Institutions, Forms, Methods) of direct democracy are methods and means of direct implementation of the authorities by the people or part of it, correction of the imperative of power functions by the authorities, comparison of the will of the people with the activities of the powerful bodies.

Forms of direct democracy must comply with the following requirements: to unite the will, the opinion of the majority that has the right to solve and participate in solving a specific socially significant issue of Isatatulles M.M. Direct democracy - as one of the forms of implementing the people of their electoral rights // Lawyer. - 2011. - N 10. - P. 43 - 46 ..

The following institutions of direct democracy are allocated: referendum (All-Russian, regional, local), elections, general meetings of the population (gathering), rallies, processions, demonstrations, picketing, national law-conducting initiative, discussing projects of important state and territorial decisions and laws, political parties, Feedback from the Public Representative, People's Petitions, Polls of the Population Buchakova M.A., Gryaznova Tose Institute of Direct Democracy in the system of Russian statehood // Bulletin of the Omsk University. - 2013. - № 2. - P. 12.

Direct democracy includes issues solved at the local government level. Federal Law of October 6, 2003 N 131-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation" Federal Law of 06.10.2003 N 131-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation" // Meeting of Legislation RF. - 2003. - N 40. - Art. 3822. expanded and established a large list of forms of direct exercise by the population of local self-government, which includes:

Feedback by the population of the deputy, a member of the elected body of local self-government, the elected official of local self-government;

Citizens 'gatherings, citizens' meetings, conferences of citizens;

Conversion of citizens, law-conducting initiative;

Territorial public self-government;

Public hearings, polls of citizens.

There are various foundations of the classification of institutions of direct democracy.

Yu. A. Dmitriev, allocates three main groups of forms of direct willing of citizens:

1) Referendum, elections, general meetings of the population, characterizing the imperative function of direct democracy.

2) rallies, processions, demonstrations, picketing as a tool for comparing the will of the people and the body being generated by it performing the regulatory function.

3) People's Initiative, the activities of political parties, the response of the deputy, combining both of these functions of the national will Dmitriev Yu. Is it possible to increase the democratic potential of the current Constitution of the Russian Federation? // State and Law. - 2013. - № 12. - P. 45-53 ..

By the source of legal regulation, the institutions of direct democracy can be divided into: 1) constitutional; 2) Unconstitutional (other).

Depending on the presence or absence of legal regulations, the institutions of direct democracy are divided into: 1) legal; 2) actual.

VN Rudenko on the subject of legal regulation divided institutions of direct democracy for: 1) regulatory relations on the adoption of citizens' management decisions and law-conducting activities of citizens, 2) regulatory participation of citizens in the formation of the public authority system Rudenko I.P. Direct Democracy: Board Models, Constitutional Institutes. - Ekaterinburg, 2003. - P. 111 -114 ..

Depending on the method of exposure to public relations, the institutions of direct democracy may be: 1) PRIVAL (referendum); 2) Not forming the rules of law (rallies, street processions, demonstrations, picketing).

In relation to the circle of issues of direct democracy, the institutions of direct democracy are divided into: 1) multidimensional; 2) one-handed.

On the regularity of the institutes of direct democracy are divided by: 1) a certain periodic action; 2) indefinitely periodic action.

According to the role of citizens in the process of adopting public-power decisions, the institutions of direct democracy can be divided into:

1) "Pure" institutions of direct democracy. Here, citizens belong to a decisive role at all stages of the implementation of the Institute of Direct Democracy. At any time, they can make an initiative to make a decision, participate in the development of options for its project, if necessary, put forward a petition with the relevant initiative, ensure its support, participate in the discussion of the future decision and in voting on the merits (gathering, petition referendum, and also Some varieties of national law-conducting initiative) Rudenko I.P. Direct Democracy: Board Models, Constitutional Institutes. - Ekaterinburg, 2003. - P. 111 -114 ..

2) Mixed institutions of direct and representative democracy. Here, the participation of citizens in the decision-making process is limited.

They may have no right to make any decision making (elections, most referendum species).

Either, on the contrary, they can be endowed with the right of the decision-making initiative, but the right to consider the issue of the essence and the right to make a final decision may belong to the representative body of the authorities (some types of national law-conducting initiative).

referendum All-Russian Deputy Peopia

The constitutional basics of political public relations in Russia determine who owns the power and powerful powers, which subjects and in what order they are carried out. In accordance with the principle of national sovereignty (or democracy) established in the Constitution of the Russian Federation, power in the country belongs to its multinational people.

People's sovereignty is implemented through representative and direct democracy (national board, power of the people). Representative democracy means that citizens participate in the exercise of power through elected national representatives (deputies of parliaments, other representative institutions).

Direct democracy means that citizens directly participate in the implementation of power. Through the immediate will, every citizen gives his voice on the adoption of a public-enormous decision. Direct democracy can be implemented in several forms, the main of which in the Russian Federation are: a referendum, elections, a national discussion, a national (law-minded) initiative, a proposal (petition), a review of elected officials, a meeting of citizens (meeting of delegates), the gathering of citizens, public Hearing.

Referendumthis vote of citizens on bills, current laws and other issues of social and state importance. The referendum in Russia can be carried out at three levels of power: federal, regional and local. The constitutional and legal framework for the organization and holding of referendums are determined in the Constitution of the Russian Federation and in the Federal Law "On the main guarantees of election rights and the rights to participate in the referendum of the Russian Federation, as well as in the Federal Law" On the General Principles of the Organization of Local Government in the Russian Federation ".

The federal referendum is organized and carried out in accordance with the FKZ "On the referendum of the Russian Federation". The subject of the federal referendum cannot be some issues established by the law: on changing the status of the subject of the Russian Federation; about early termination or extension of the term of office of higher state authorities; On the transfer of the timing of the election; on the personal composition of federal state bodies; about adoption and change in the federal budget; On the introduction, the change and cancellation of federal taxes and fees and other issues of Art. 6 FKZ. Each of the named questions should be resolved in the order specifically established to solve it. The situation established circumstances that exclude the appointment and holding of a referendum, the procedure for organizing and collecting signatures in support of the initiative of the referendum.

The initiative of the federal referendum belongs to the Constitutional Assembly on the adoption of the new Constitution of the Russian Federation (at least 2 million citizens of the Russian Federation), as well as federal state authorities in cases provided for by the International Treaty and, in accordance with the FKZ "On the referendum of the Russian Federation". Appoints the Federal Referendum President of the Russian Federation in accordance with Art. 23 of the law, after the Constitutional Court of the Russian Federation assess the initiative of the referendum on the proposed issue as a relevant Constitution of the Russian Federation.

The Central Election Commission of the Russian Federation recognizes the decision taken on a referendum, if more than half of its participants voted for the question of the referendum. The decision taken on the federal referendum has the highest legal force. The decision taken on the referendum is generally obligatory and does not need an additional approval. Such a decision can be canceled or changed otherwise as by making a decision on a new referendum if the decision itself does not specify another procedure for cancellation or a change in such a decision.

Free elections, as well as a referendum, are the immediate expression of the power of the people (H, 3 of Art. 3 of the Constitution of the Russian Federation). Electionsthis is the immediate will of citizens on the issue of substitution of elected positions by specific candidates. Elections in Russia are held at three levels of power: federal, regional and local. The constitutional legal frameworks of the organization and holding of elections are determined in the Constitution of the Russian Federation and in the Federal Law "On the main guarantees of election rights and the rights to participate in the referendum of the Russian Federation", as well as in the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation".

The election of such federal authorities as the President of the Russian Federation and the State Duma are conducted on the basis of the Federal Law "On the elections of the President of the Russian Federation" and "On the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation". The procedure for organizing and conducting elections is specifically considered in lectures of the 9th study manual.

National discussionthis is the immediate will of citizens regarding the content of a bill or a specific issue of social and state importance. In contrast to the referendum, the direct voltage of citizens is not carried out in the form of a voting, but in the form of sending comments and wishes on the issue issued to a national discussion.

National discussions can be carried out in Russia at three levels of power: federal, regional and local. The constitutional legal frameworks of the organization and conduct of nationwide discussions are determined in the law of the USSR 30.06.1987 "On the National Discussion of important issues of state life". The possibility of conducting nationwide discussions is currently provided for by the Regulations of the State Duma of the Russian Federation. In the legislation of some subjects of the Russian Federation and regulatory legal acts of municipal entities, nationwide discussions are also provided for as forms of direct democracy.

Folk (Powered) Initiativethis is the development of citizens of the draft law or other legal act and introducing it to the authorized body for consideration and adoption, subject to the support of the implementation of such an initiative by the necessary number of citizens' votes provided for in the relevant norm of law. The draft legal acts made by citizens are subject to compulsory consideration in the relevant authority.

At the federal level of the Russian authorities, citizens do not possess people's (lawless) initiative. The named form of direct democracy is envisaged in the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation", it is found in the legislation of the constituent entities of the Russian Federation and the relevant provisions of local authorities.

Offer (Petition)this is the direction of citizens to the public authorities of applications for the adoption or cancellation of laws, additions and changes in current legislation or conduct specific socio-economic reforms or government programs.

Such a form of direct democracy as a proposal (petition) is provided for in the Constitution of the Russian Federation, the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation", so far, the current decree of the Presidium of the Supreme Soviet of the USSR dated 04.04.1968 (as amended 02.02.1988 G.) "On the procedure for considering proposals, applications and complaints of citizens" and other regulatory legal acts of the Soviet period. Currently, a federal law is being prepared that takes into account the modern realities of the Institute of Proposals (Petition).

Feedback from elected officialsthis is a form of direct democracy, in which citizens have the opportunity to close the authority of the specific official elected by them (for example, the deputy through direct will be in the manner prescribed for a referendum, due to the coming by the respondent of unlawful public-government acts confirmed as those in judicial order).

At the federal level of the Russian government, citizens do not have the right to withdraw the elected officials.

Collection of citizens (meeting of delegates)this is a form of direct democracy, in which citizens by direct will be applied to apply to the relevant authorities or to elect delegates designed to represent the interests of the population in front of the power structures.

Gathering citizensthis is a form of direct democracy, in which citizens by direct will make a public-power decisions that have relevant legal force and compulsory importance in the relevant territory.

Public abusethis is a form of direct democracy, in which at a meeting organized by the authorized bodies of local governments with the participation of the population, decisions are made, as a rule, on draft regulatory legal acts, development programs of territories, etc.

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Introduction

democracy legislation management state

Relevance of the topic. The definition of the Russian Federation in the 1993 Constitution as a democratic state is based, first of all, on the recognition of the people as a source of power (democracy in translation from the ancient Greek means "democracy": from "Demos" - the people, "short" - power). This means that Russia is proclaimed by the state of democracy, that is, a democratic state. The recognition of the people as a supreme state of state power is an expression of a folk sovereignty, which means, above all, the fact that the people, without making their power, makes it independently and regardless of any forces. The sovereignty carrier in the Russian Federation is its multinational people and, recognizing the entire completeness of the supreme power behind it, establishes the mechanism of its implementation, where the leading position occupies the immediate will of the people (direct rule), and its top manifestation are a referendum and free elections. This allows you to judge the change in the priority of the forms of the people who belong to him by the state power in favor of direct democracy. The direct exercise of the Power of the People is the highest expression of democracy, at the same time, the everyday implementation of state power at the federal level, the level of constituent entities of the Russian Federation requires the formation of permanent government bodies. Democraticly formed and under the control of the population, these bodies serve as the most important channels of democracy in Russia.

In the domestic legal literature there is no unity in the interpretation of the concept of direct democracy. Scientists determine it in different ways. Part of the authors understand it too wide. So, for example, according to N.P. Farberov "Direct democracy means a direct willing of the masses in developing and adopting public decisions, as well as their direct participation in these decisions to life, in the implementation of popular control." Another authors are given to the definitions similar to it. There are other definitions of direct democracy. So, R.A. Safarov considers direct democracy as a direct exercise by the people of the functions of law and management; GK Shakhnazarov understands the order of direct democracy, in which decisions are made on the basis of direct will of all citizens; According to V.N. Rudenko Direct Democracy leads to the "majority tyranny". All these definitions in a certain extent complement each other, however, possessing advantages, have disadvantages. It seems that the definition of N.P. Farber Play and similar to the definition of other authors are too general, and the definitions of R.A. Safarov, G.Kh. Shakhnazarov and V.N. Rudenko, on the contrary, somewhat limit the sphere of distribution of direct democracy, compared with the actual position.

Unlike a representative democracy, direct democracy involves the adoption of public-power solutions directly by the people themselves. Therefore, the widespread use of the mechanisms of direct democracy in the system of organization of power and management, in the opinion of supporters of direct democracy, could allow to solve the problem of alienation of power from society and instead of the existing representation system to create a management model corresponding to the interests and needs of citizens

Subject of research Forms of direct democracy, their regulatory consolidation, implementation mechanism.

Purpose of the study - Development of legal content and mechanism for the implementation of forms of direct democracy in the Russian Federation. At the same time, the focus will be paid to such forms of direct democracy as elections and a referendum, since they are in the Constitution with the highest forms of democracy, including consider the form of direct democracy in the system of local self-government.

To achieve the goal of the study, it was necessary to solve the following tasks:

Formulate theoretical provisions on direct democracy;

Determine the concept of various forms of direct democracy and levels of legal space on which they are carried out;

Explore the current legislation on the forms of direct democracy in Russia;

Identify gaps in the legal regulation of the implementation of direct democracy in the Russian Federation, to develop proposals on ways to further improve;

Methodology and research methods. The theoretical and methodological basis is a dialectical method of cognition of social processes and socio-legal phenomena, its categorical apparatus, principles of scientific knowledge. In the course of the study, general scientific, private and special methods of knowledge were applied, the analysis of Russian legislation was carried out, these historical science was taken into account, philosophical views.

The degree of scientific development of the problem.The theoretical basis of the basic work was the views and concepts of scientists M.V. Baghala, V.V. Komarova, A.E. Kozlova, N.A. Antonova, as well as the works of other authors.

The structure of the course work is built with the objectives and objectives of the study.

1 . The concept of democracy, form of democracy. in andof the institutes of direct democracy

1.1 The concept of democracy

The term "democracy" is denoted by the form of the state if the legislative power is presented in it by the collegial body chosen by the people, if the broad socio-economic and political rights of citizens enshrined by law are carried out, regardless of their gender, race, nationality, property, educational level and religion. Democratic political regime can provide for direct participation of the population in solving state issues or participating in political decisions with the help of elected representative bodies. This political regime means the guarantee of proclaimed rights and freedoms, solid legality and law and order, the existence of various forms of ownership and pluralism of opinions.

Russian Federation is a democratic federal legal state with a republican form of government . His democracy finds an expression, primarily in democracy, separation of authorities to the legislative, executive and judicial, political manifold, local self-government.

The Constitution of the Russian Federation indicates (Art. 3) that its multinational people is the carrier of sovereignty and the only source of power in the Russian Federation. This means that Russia is proclaimed by the state of democracy, or, in other words, the democratic state (democratry - "democracy" translated from ancient Greek).

From a legal point of view, the concept of "people" it is identified with the concept of "citizens" and is defined as belonging to this associated in the framework of the unified state of the population of people to the relevant state. The people form a physical substrate of the state.

Power it is possible to dispose or manage anyone and anything, subordinate to your will of others. Power is a social phenomenon. It arises along with the emergence of society and exists in every society, since any society requires management, which is provided by various means, including coercion.

With the emergence of the state, state power arises as one of the essential signs of the state.

The people carry out their power directly, as well as through state authorities, self-government, political parties and public organizations, which in their entirety constitutes a political system.

A special place in this system is the state. The state is a single political organization of the Company, which extends its power to the entire territory of the country and the population, has a special apparatus for this and makes mandatory in the form of regulatory acts.

Why is the state is the main form of the implementation of the sovereignty of the people? First, the state is the only full-fledged organization on the scale of the country. Secondly, the state represents the entire multinational people of Russia, expresses its cumulative will. Thirdly, the state is the owner of a significant share of the means of production, land, natural wealth, material values \u200b\u200bcovered by state property. Fourthly, the state is the official representative within the country and in relations with other states.

For the Russian Federation as a state inherent in certain signs, peculiar to any state, regardless of the socio-economic formation, the form of the device and the rule, political regime and other criteria.

Under the conditions of democracy, the implementation of power is constituted, is legitimized and controlled by the people, i.e. Citizens of the state, as it acts in the forms of self-determination and self-government of the people, participating in which all citizens can be involved in equal rights. Peopling as the form of the state and the method of government turns into the organizational principle of possession of power and its implementation, which determines that the solution of any state tasks or the implementation of powerful powers need legitimation emanating from the people or ascending to it. The idea of \u200b\u200bthe people as the initial and final point of democratic legitimation is basic in understanding democracy.

Therefore, the recognition of the people as the supreme state of state power is an expression of popular sovereignty.

Folk sovereignty this means that the people, without doing their power with anyone, makes it independently and regardless of any social strength, uses exclusively in their own interests. People's sovereignty is indivisible, has and can have only one subject - the people.

The separation of the authorities is one of the main signs of democracy and the principles of the current Constitution of the Russian Federation. In art. 10 of the Constitution provides that state power in the Russian Federation is carried out on the basis of separation on legislative, executive and judicial, whose bodies are independent. They are not entitled to go beyond the powers established for them by the Constitution of the Russian Federation and the law.

Thus, the separation of the authorities means not only dispersal, the distribution, demonopolization of power, but also a real, real mutual balancing, in which none of the three authorities can infringe or subjugate others and forced to act in conditions of mutual understanding and interdependense.

In modern conditions, the formation of a constitutional system in the Russian Federation the principle of separation of the authorities is important. It aims to prevent the elevation of one of the authorities over others, the approval of authoritarianism and the dictatorial regime in society. The principle of separation of the authorities provides for the system of "checks and counterweights", aimed at minimizing possible errors in the management, one-sidedness approach to solved issues. The principle under consideration is intended to ensure, ultimately, rationalization and optimization of the activities of the state, all its structures and on this basis, increasing the efficiency of the entire mechanism for managing government affairs.

Democracy in the Russian Federation is carried out on the basis of the principle of political diversity. The principle of political diversity (pluralism) means creating opportunities to influence the political process to all socio-political or other organizations whose activities have a political aspect and is within the framework of the Constitution.

Political pluralism helps to increase the efficiency of democracy, involvement in the political activities of wide segments of the population.

Political pluralism is the freedom of political opinions and political actions, which is manifested in the activities of independent associations of citizens. That is why reliable constitutional protection of political pluralism is a premise of not only the implementation of the principle of democracy, but also the functioning of the legal state.

The democracy of the Russian Federation means the presence of local self-government. This is recognized and guaranteed by the Constitution of the Russian Federation, independent and responsible, the activities of the population by decision directly or through local authorities of local issues, based on the interests of the population, its historical and other local traditions.

The Constitution defines the forms of local government in the Russian Federation. These include: local referendums, participation in elections to local governments (direct democracy), the implementation of local self-government through election and other local governments (representative democracy), other forms of direct will (part 2 of Article 130 of the Constitution of the Russian Federation).

Local self-government should be considered in three main aspects as:

One of the foundations of the constitutional system;

The right to the public on the independent solution of local issues;

One of the forms of democracy.

Also, as the most important sign of a democratic state, it is possible to ensure the rights and freedoms of man and citizen, since it is here that there is a close connection of formally democratic institutions with a political regime. Only in the conditions of the democratic regime of law and freedom become real, the legality is established and the arbitrariness of the power structures of the state is established. No sublime goals and democratic declarations are not able to give the state with a truly democratic nature, unless generally accepted rights and freedoms of a person and a citizen are provided. The Constitution of the Russian Federation secured all the well-known world practices of law and freedom, however, to implement many of them, it is still necessary to create conditions.

The democratic state does not deny coercion, but assumes its organization in certain forms. This encourages the essential duty of the state to protect the rights and freedoms of citizens, eliminating crime and other offenses. Democracy is not permissiveness. However, coercion must have clear limits and are carried out only in accordance with the law. Human rights bodies are not only entitled, but also obliged to apply force in certain cases, however, always acting only by legal means and on the basis of the law. The democratic state can not allow the "rupture" of statehood, i.e. non-compliance with laws and other legal acts, ignoring the actions of state authorities. This state is subordinated to the law and requires law acting from all its citizens.

1.2 Forms of democracy

Depending on the forms of the participation of the people in the implementation of the authorities, direct, plebiscitar and representative democracy are distinguished.

In direct democracy between the will of the people and its embodiment, there are no mediated links - the people themselves participate in the discussion and decision-making. Direct democracy is used in organizations and small communities (cities, communities) as self-government. The prevalence of direct democracy is limited to a territorial factor and depends on how decentralized the decision-making process. Another form of direct democracy is the voting process itself, during which the direct will be carried out by the people in relation to their representatives to state authorities.

Plemiscitarian democracy (mandatory, party, the theory of plebiscitar democracy) is such a model of democracy, in which, with the direct will of the people, its political influence on power is limited to the "approve or reject" scheme. According to this theory, any citizen, obliged to respect the laws, can approve them or reject, expressing their attitude towards them. This attitude of a citizen can express in the course of democratic elections, choosing from among the parties proposed party programs that most meets his interests. Since the party program represents the party, and it puts forward its candidate for elected posts to government bodies, then those candidates, party programs whose party programs are most responsible for the interests of the entire people. Power in this model is formed by direct elections, and candidates for elected posts are nominated from political parties representing the interests of various layers of the population and social groups. The interests of minorities should be taken into account by specially agreed procedures and secured by law.

In a representative (representative) democracy, the will of the people is not expressed directly, but through the institution of intermediaries, therefore it is also called delegated democracy. Deputies, political leaders, having received a "confidence mandate" from the people, should embody this will in adopted laws and decisions. Between people's representatives and those they represent, relationships based on authorities and trust.

1.3 Direct democracy and its institutions

Direct democracy- The concept covering the set of forms and funds (institutions) of directly exercising by the people in the Russian Federation belonging to him. The basis of the direct democracy is the Constitution of the Russian Federation, Art. 3 which states that the people carry out their power directly, as well as through state authorities and local government. The highest direct expression of the power of the people is a referendum and free elections.

In addition to referendums and elections by institutions, direct democracy are also popular discussions of projects of important state and territorial decisions and laws, petitions, folk initiatives, meetings (gathering) of citizens at their place of residence and work.

In the science of constitutional law, it is customary to divide the institutions of direct democracy into two groups: imperative and advisory nature.

The peculiarity of imperative forms of direct democracy is that the decision taken by the people is the final, obligatory, no one subsequent approval of state bodies or bodies of local governments (only can be officially proclaimed as those held, adopted). The imperative forms of direct democracy are the imperative referendum and the election of deputies and elected officials by the population.

The peculiarity of consultative forms of direct democracy is that the will of the people (population) detected with their help is reflected in solving the relevant state body or local government (becoming the basis of such a decision). However, although the authority independently formulates the final text of his act, it cannot change, distort the will of the people (population). Advisory forms of direct democracy, it is customary to consider advisory referendums (surveys), people's discussions, initiatives (including law-making), petitions.

Solutions of meetings (similarity) of citizens in some cases are imperative (for example, in the elections of the territorial public authorities, nomination of candidates for deputies), in others - an advisory nature (for example, when expressing its opinion on construction issues in the neighborhood or village of a new object, Discussion of the report of the head of the municipality, etc.).

In the same meaning that the "direct democracy" uses the concepts of "direct democracy" and "direct democracy"

2. basic forms of direct democracy

2.1 The concept of the electoral system andof election law

The concept of the electoral system and the selective law largely coincide, and in everyday life are often used as identical. Nevertheless, there is still a certain difference between them.

The concept of the electoral system develops from the entire set of legal norms governing the procedure for the provision of electoral rights, holding elections and determining the results of the voting. The term "electoral system" has a truncated meaning: when it is used in relation to the procedure for determining the results of the voting.

The electoral system is a way of distribution of state positions replaced by elected way (mandates).

Essential the following types of the electoral system:

1. Proportional, gained distribution in the 20th century. Used in the elections of the collegial body (for example, Parliament) in the multi-member constituency, the voter votes not for a particular candidate, but for a list of candidates (for example, an advanced political party). At the same time, the law establishes the "selective barrier", that is, the minimum number of votes that should be obtained by the electoral association to participate in the distribution of mandates. The number of deputy mandates obtained by the electoral association (block) is determined by dividing the total number of votes submitted for it to the electoral quota (according to various methods).

There are variants of a proportional electoral system of open lists (with varying degrees of freedom of choice within the list: Select 1 candidate, choosing more than 1 candidate from one list and choosing any candidates from any list - Panaching).

2. Majoritarian. The winner receives all the mandates distributed under this electoral district (usually applied in a single-member constituency). In Russia, it is applied when choosing a president of the Russian Federation, no more than half of the composition of the deputies of the legislative (representative) state authority of the subject of the Russian Federation, in the municipal elections, can also be applied.

The following variants of the majoritarian system can exist: with the possibility of holding a second round (for example, when presidential elections, and to be chosen in the first round, the candidate must recruit either absolute (more than 50% in the election of the President of the Russian Federation), or a qualified (for example , 75%; Russia does not apply) most of the votes); In one tour (applied with the election of deputies of the legislative (representative) state authority in a number of subjects of the Russian Federation).

3. Different types of mixed (modified) electoral systems (for example, a system of a single indescribable voice or a system for the country's level at the level of the country in the regions) - in Russia do not apply.

The concept of electoral law is also used in a wide and narrow sense. In a broad sense, this is again the whole set of norms and rules governing the electoral process from the beginning to the end, and in this sense it forms an extensive institution of constitutional law, and in a narrow sense - norms regulating the procedure for granting the right to participate in elections (active and passive suffrage). Active selective right is the right to elect, and passive - the right to be elected.

The concepts of "electoral system" and "selective law" are collective. In the Russian Federation, they include essentially five different subsystems establishing the procedure for the election of relevant state authorities:

1) the procedure for electing the President of the Russian Federation;

2) the procedure for the election of deputies of the State Duma;

3) the procedure for the election of the heads of administrations of the subjects of the Russian Federation;

4) the procedure for the election of deputies of the legislative bodies of the subjects of the Russian Federation;

5) The procedure for election of local governments.

Each of these subsystems is regulated by individual legal acts, although there are general sources for all sources. The differences between them are manifested in determining passive election law, the procedure for determining the results of the voting and for a number of other very important conditions.

An important feature of the Russian electoral law (electoral system) is that in the most important procedure for the election of the President of the Russian Federation and the State Duma deputies is established only by the Constitution of the Russian Federation and federal laws, that is, without regulation by the subjects of the Federation. The subjects of the Federation are granted only the right to take legal acts on the organization and holding of elections (drafting voter lists, the creation of polling stations, the formation of election commissions). This state of affairs in Russia is different, for example, from such a federal state as the United States of America, in which the electoral system for elections to the federal authorities (President of the United States, both chambers of the US Congress) is only established by the US Constitution, and is regulated in detail The laws of the subjects of the Federation (states).

The feature of Russia is that, unlike many (if not the majority) of other states with relatively new constitutions, there is no special section on the electoral law (electoral system) in its constitution, in which general principles of electoral law would be enshrined - universal, equal, Direct vototive law with secret ballot and others. Only in the most general form, active and passive electoral law enshrined in Art. 32 of the Constitution of the Russian Federation, as well as in Art. 81 When determining the order of election of the President of the Russian Federation. Meanwhile, the general principles of electoral law in their full and in relation to the elections to all state authorities of the country and local governments need not only in legislative, but also constitutional guarantees.

2.2 Elections. Sources of electoral law

One of the chapters of the book of a lawyer and political scientist Andrash Chaio "Self-restriction of power" received the original name of the "danger of definitions". Indeed, many legal phenomena may not have an unambiguous, housing definition. The concept of "election" from the same series, as evidenced by the abundance of various judgments about the nature of the elections.

In the literature, elections are recognized:

Form of direct democracy;

A way to form representative bodies of state power and local self-government;

The procedure for replacing elected state and municipal positions;

Direct expression by the people belonging to the people.

Public authorities are formed in two ways: by elections and by appointing. However, appointments to higher posts in executive and judicial authorities are carried out by elective authorities. Thus, the elections give the highest initial legitimacy of the entire structure of state authorities. ( Legitimacy - recognition of the legality of the rights and powers of the body of state power or senior officials, their strict compliance of the Constitution and legally pronounced will of the people). In the Russian state at the federal level, a direct method is elected one chamber of the Federal Assembly - the State Duma and the Head of State - President of the Russian Federation. It is in them that the highest authority of the will of the people is embodied and the main impetus is given to the formation of the entire executive and judiciary at the federal level. The state authorities in the subjects of the Federation, as well as local governments, are formed on the elected basis. Hence the extremely important importance of elections at all levels.

Elections, as well as a referendum, are a legal form of direct folk will, the most important manifestation of democracy. Through the elections, citizens affect the formation of government bodies and thereby implement their right to participate in government management. Civil society, based on the pluralism of opinions and interests of people able to provide voluntary laws of citizens, to avoid acute social explosions, and maybe bloody clashes, if state authorities are not formed on a fair elective basis with the participation of citizens themselves. Democratic elections are an antipode of the Civil War and the forceful decision of the issue of power.

Free Democratic Election Alien to Totalitarian State. In fascist and communist states, sometimes the formal "elections" were carried out, which were a solid farce. Elections directly reflect the political system and for their part affect it. All of their organization and the procedure for determining voting results are closely related to political parties. Especially, for example, electoral systems and the elections on bipartisian and multi-party systems are different. Elections allow citizens to understand the authentic meaning of political parties fighting programs fighting for power. Through them, and only through them, the will of most people are revealed, on the basis of which democratic power can be created. Political parties just contribute to the formation of such a majority.

In a democratic state, with sufficient development of political culture and amateurness of citizens, there are almost no citizens (rather, and can not be) a complete unanimity in the elections. The meaning of the elections is not to demonstrate the imaginary consensus between all citizens and social layers, which never, except emergency situations, cannot be achieved in a developed society, and that everyone can express their will, and the state power - to be created and Act in accordance with this will. Through the struggle in the election, therefore, ultimately, stability and order in public life is achieved.

Kohl Soon the election is the struggle and adversarity of candidates, they have an element of the game and Azart. This is quite explained, since citizens participating in the elections are faced with before the need not only to determine their interests in accordance with the programs offered by them programs, but also to show sympathy or antipathy to specific candidates. During the election campaigns, the emotional activity of people is usually observed, sometimes accompanied by different kinds of excesses. In developed societies, therefore, certain standards of political behavior are produced, supported by the relevant requirements of the law. Elections give a way out of the people who have accumulated from the famous part of the population by the actions of the authorities, they open the only possible way of democratic resolution of contradictions in society, eliminating the physical clashes of people and the way of imposing the majority of minority opinions or individual politicians. Elections, therefore, this is a kind of holiday of all people, if they believe in democracy and seek to gain a fair rule.

By elections the participation of citizens in the implementation of the authorities of the people through the allocation of representatives from its environment through the voting of representatives to fulfill the functions of the authorities in accordance with the will and interests of citizens in state bodies or local governments.

The main thing in the election is that they are the form of citizens by citizens belonging to them. The most significant sign of the elections is the direct will of citizens and nomination of representatives from their environment to implement democracy.

This fully complies with the rule according to which the right to participate in the management of the state, primarily active and passive electoral law, is provided to citizens of a particular state, i.e. Persons with citizenship. Election law is not just a person, but a citizen.

The election of state bodies and bodies of local self-government provided for by the Constitution of the Russian Federation are free and carried out on the basis of universal equal and direct election law during secret ballot.

The legal basis of elections are federal laws, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Full freedom of will in the election campaign is the legal basis for democratic elections, an indispensable condition for the legitimacy of deputy mandates, classes by those or other citizens of elected posts. Hence the task of the Federal Law - to consolidate the main guarantees of the electoral rights of citizens of the Russian Federation. A long-term practice for the formation of representative bodies of the state shows that where there are no real guarantees of the election rights of citizens, formalism, election falsification, voter passivity are inevitable.

The guarantee of the election rights of citizens contributes to the formation of their legal mentality, stimulates activity in the election campaign, a sense of responsibility for its results.

But the main thing is that the law obliges officials to strictly be guided by its norms and not resort to hardware games in the process of preparing and conducting elections.

Elections legislation in the Russian Federation constitutes a separate industry - selective legislation. This legislation can be divided into the level of regulated elections on the legislation on the elections of federal bodies, the legislation on the election of state authorities of the constituent entities of the Russian Federation and the legislation on the election of local authorities. According to the subject of adoption of acts, the electoral legislation is divided into federal and selective legislation of the constituent entities of the Russian Federation.

Federal electoral legislation includes the Constitution of the Russian Federation, federal laws: "On the basic guarantees of electoral rights and the right to participate in the referendum of citizens of the Russian Federation", "On the election of deputies of the State Duma of the Federal Assembly of the Russian Federation", "On the elections of the President of the Russian Federation", " On providing the constitutional rights of citizens of the Russian Federation to elect and be elected to local governments. "

The Constitution of the Russian Federation concerns the issues of electoral law in the following points:

1) in Art. 3 establishes that the free elections are the highest direct expression of the power of the people;

2) The Constitution of the Russian Federation establishes the right of citizens to elect and be elected to state authorities and local self-government (Art. 32), and also determines the circle of persons who do not have election rights: these are the persons recognized by the court incapacitated, as well as contained in the fields of imprisonment by the court sentence;

3) The Constitution of the Russian Federation defines that the federal bodies of state authorities elected directly by citizens are the President of the Russian Federation and the State Duma of the Federal Assembly of the Russian Federation. For the election of the President of the Russian Federation, the Constitution of the Russian Federation determines the basic principles: universal equal and direct voting law with a secret ballot. The Constitution of the Russian Federation also establishes the conditions for the possession of passive election law to be elected by the President of the Russian Federation and the deputy of the State Duma. According to Art. 81 President of the Russian Federation can be elected citizen of the Russian Federation at least 35 years permanently residing in the Russian Federation for at least 10 years. Article 97 of the Constitution of the Russian Federation establishes that a citizen of the Russian Federation, which has reached 21 years and has the right to participate in the elections, can be elected a deputy of the State Duma.

4) The Constitution of the Russian Federation establishes the delimitation of the competence between the Russian Federation and its subjects. The management of the Russian Federation includes the regulation and protection of human rights and freedoms and citizen (including electional rights), as well as the formation of federal government bodies. The joint management of the Russian Federation and the subjects of the Federation refers to the protection of human rights and freedoms and citizen, as well as the establishment of the general principles of the organization of the system of state authorities and local self-government of the Russian Federation. Based on these general principles, as well as in accordance with the basics of the constitutional system of the Russian Federation, the constituent entities of the Federation, according to Art. 77 of the Constitution of the Russian Federation, independently establish a system of state authorities of the constituent entities of the Russian Federation.

The central place in the system of electoral legislation is occupied by the Federal Law "On the main guarantees of electoral rights and the right to participate in the referendum of citizens of the Russian Federation". This situation is determined by several factors;

1) This law is a universal act providing uniform standards for guarantees of the election rights of citizens throughout the Russian Federation;

2) The Federal Law discloses the content of the constitutional right to elect and be elected, and also enshrines the basic principles of electoral law as universal and mandatory for compliance in any electoral process;

3) the law has a "frame" character. This means that the rules contained in it are addressed not only to law enforcement bodies and citizens, but also the legislative itself, primarily regional. Article 1 of this Law establishes that federal laws, laws of constituent entities of the Russian Federation, regulatory legal acts on the elections taken in the Russian Federation should not contradict the federal law on basic guarantees. In the event of such a contradiction, the norms of this federal law apply;

4) the addition of a "frame" character is the principle of direct action of the Federal Law on Basic Guarantees. This means that in the event of a contradiction of regional laws by federal law or in the case of gaps in regional legislation, a federal law on basic guarantees should be applied. This rule also means that the voter and other participants of any electoral process (elections to federal, regional or local authorities) in the Russian Federation have the right to appeal against the illegal actions of officials, government agencies, organizations, including election commissions, based on this Federal Law .

The same "framework" is the federal law "On the provision of constitutional rights of citizens of the Russian Federation to elect and be elected to local governments."

Federal laws "On the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation" and "On the elections of the President of the Russian Federation" regulate the procedure for preparing and conducting respectively election of deputies of the State Duma and the President of the Russian Federation.

Separate aspects of electoral relations are governed by other federal laws, including federal laws "On the General Principles of Local Self-Government Organization in the Russian Federation", "On Public Associations", "On Mass Media", "On the right of citizens of the Russian Federation to freedom of movement, choosing a place stay and residence within the Russian Federation "," On the basics of civil service in the Russian Federation "and some others.

The constitution (statutes) of the constituent entities of the Russian Federation also includes the sources of election law. , which establish citizens' rights to participate in the elections of regional state authorities and local governments, and also establish a system of these bodies, the principles of their election and the requirements for candidates for the relevant authorities.

The electoral laws of the constituent entities of the Russian Federation regulate the elections of the legislative (representative) and executive body of the state power of the constituent entity of the Russian Federation, establish the foundations of the activities of the election commissions of the constituent entities of the Russian Federation. At the regional level there are codified electoral laws: for example, the electoral codes of the Voronezh and Sverdlovsk region, the Code of the Republic of Bashkortostan on elections.

Including sources of election law are acts of election commissions - the Central Election Commission of the Russian Federation, the election commissions of the constituent entities of the Russian Federation, the municipal election commissions issued by them within the framework of delegated law-conducting. This means that election commissions can take acts of a regulatory and legal nature only on the basis of and in pursuance of relevant laws. In addition, the Resolution of the Constitutional Court of the Russian Federation is included in the sources of electoral law.

2.3 referendum

The Institute of Referendum in Russia was known for a long time, he has enough ancient Russian roots. Solutions were made in popular voting in the elders in Novgorod, Pskov and Kiev, in some other cities of Russia - a symbol of the state identity of the Novgorod Land and its basis was the veneer. At the federal level, three Russian referendum was held. The referendum on the introduction of the post of President of the Russian Federation, which took place on March 17, 1991, held simultaneously with the USSR referendum about the future of the Union, on April 25, 1993, questions about the confidence of the President of the Russian Federation and the Social and Economic Policy of the President and the Government of the Russian Federation were issued for a referendum. The early termination of the powers of the President of the Russian Federation and People's Deputies of the Russian Federation and on December 12, 1993, a referendum was held on the adoption of the new Constitution of the Russian Federation.

The referendum is the form of the immediate will of citizens, expressed in voting on the most significant issues of a national, regional or local scale.

Issues endured for a popular vote, or a set of proposed options, is customary to call a referendum formula . It involves a positive or negative voter response, as well as a choice of several possible solutions. The decision is considered that the decision that gathered the largest number of votes.

The right of every citizen of the Russian Federation to participate in the referendum is enshrined in Art. 32 of the Constitution of the Russian Federation, in which this right is considered as a form of realization of citizens' right to participate in the management of state affairs.

According to Art. 84 Constitution of the Russian Federation The President of the Russian Federation appoints a referendum in the manner prescribed by the Federal Constitutional Law. The construction of legal regulation of referendums on the level of the Constitutional Federal Law emphasizes the significance of this institution of direct democracy. This significance is also confirmed by the provision of Art. 92 of the Constitution of the Russian Federation, according to which, in cases where the President of the Russian Federation is not able to fulfill its duties, temporarily performing their chairman of the government cannot appoint a referendum.

Federal Law of June 12, 2002 "On the main guarantees of electoral rights and the rights to participate in the referendum of the citizens of the Russian Federation" determines the main guarantees of the implementation by citizens of the Russian Federation of their constitutional right to participate in the referendum, elected and be elected to state authorities and local authorities self-government at all levels of referendum and elections.

The Federal Law enshrines that a citizen of the Russian Federation participates in a referendum based on universal equal and direct will during secret ballot. Such participation is free and voluntary.

A citizen of the Russian Federation, who has reached the age of 18, has the right to vote on a referendum, to participate in the actions for the preparation of the referendum.

Only issues under the jurisdiction of the Russian Federation or the joint venture of the Russian Federation and the constituent entities of the Russian Federation may be made to the referendum of the constituent entity of the Russian Federation or in the joint venture of the Russian Federation and the constituent entities of the Russian Federation, if these issues are not resolved by the Constitution of the Russian Federation, federal law.

Only local issues can be made to the local referendum. The referendum questions should not limit or cancel the generally accepted rights and freedoms of a person and a citizen, constitutional guarantees for the implementation of such rights and freedoms.

The questions of the referendum of the constituent entity of the Russian Federation should not contradict the legislation of the Russian Federation. The local referendum issues should not contradict the legislation of the Russian Federation, the legislation of the relevant constituent entity of the Russian Federation.

The referendum question must be formulated in such a way as to be excluded the possibility of its multiple interpretation, that is, it would be possible to give it only a unambiguous answer, and also to be excluded by the uncertainty of the legal consequences of the decision taken on the referendum

The referendum of the Russian Federation cannot be made questions:

Changes in the status of constituent entities of the Russian Federation;

Early termination or extension of the powers of the President of the Russian Federation, the Council of the Federation, the State Duma, as well as to conduct early elections of these bodies or the deferment of such elections;

Adoption or changes in the federal budget, execution and changes in the domestic financial obligations of the state;

Introduction, changes and cancellation of federal taxes and fees, as well as exemption from their payment;

Emergency and urgent measures to ensure the health and safety of the population;

Amnesty and pardon;

Article 13 of the Law establishes circumstances that exclude the appointment and holding of a referendum:

1. The referendum is not appointed and is not conducted under the conditions of a military or emergency imposed on the territory of the Russian Federation or in the territory on which it is planned to hold a referendum or part of this territory, as well as for three months after the cancellation of a military or emergency.

2. The authority of the subject of the subject of the Russian Federation, the local government authority, authorized in accordance with the Constitution (Charter), the law of the constituent entity of the Russian Federation, the charter of the municipality to decide on the appointment of the referendum, has the right to refuse the appointment of a referendum only in case of violation when a referendum initiative is nominated regulatory legal acts governing the preparation and conduct of the relevant referendum.

3. The law of the constituent entity of the Russian Federation, the charter of the municipality may be the deadline for which the referendum of the constituent entity of the Russian Federation, the local referendum with the same question of the formulation of the issue is not conducted. This period may not exceed two years from the date of the official publication of the referendum results.

In preparation for the referendum, the Russian language and state languages \u200b\u200bof the republics are used as part of the Russian Federation, as well as the languages \u200b\u200bof the peoples of the Russian Federation in the territories of their compact residence.

The referendum of the Russian Federation is carried out at the initiative: at least two million citizens of the Russian Federation, having the right to participate in the referendum of the Russian Federation, provided that no more than 10 percent of them live on the territory of one subject of the federation or in conjunction outside of the Federation; The Constitutional Assembly, if it is decided to make a draft new constitution for a popular vote.

To nominate the initiative of the referendum and collecting signatures of citizens of the Russian Federation, an initiative group on the referendum can be formed in its support. The specified initiative group is entitled to form a citizen or a group of citizens of the Russian Federation, eligible for participation in the referendum. The initiative of the referendum may also be a selective association, other public association, whose charter provides for participation in elections and (or) referendums and which is registered in a manner defined by federal law, at the level corresponding to the level of referendum, or at a higher level no later than One year before the day of the formation of a referendum initiative group. The quantitative composition of the initiative group on the referendum of the Russian Federation is established by the Federal Constitutional Law, the quantitative composition of the initiative group on the referendum of the subject of the Russian Federation, the local referendum is established in accordance with this Federal Law, the law of the constituent entity of the Russian Federation, the charter of the municipality.

To appoint a referendum, the initiative group on the referendum must submit to the authority established by the Federal Constitutional Law, the Law of the Directory of the Russian Federation, the Charter of the Municipal Education, the signature of the referendum participants in support of the initiative of its conduct.

The preparation and holding of the referendum are carried out: the Central Election Commission of the Russian Federation, which is valid as the Central Commission of the referendum of the Russian Federation; election commissions of the constituent entities of the Russian Federation, which operate as commissions of the constituent entities of the Russian Federation for the referendum; Territorial (district, urban et al.) and precinct commissions for the referendum. Commissions operate on the basis of collegiality, openness, publicity.

Plots of the referendum are formed for the voting and counting of votes, lists of citizens are drawn up. On issues made to the referendum, agitation is carried out: through the media; By holding meetings, meetings with citizens, public debates, discussions, rallies, processions, demonstrations, by issuing and distributing printed and other campaign materials and other not prohibited by law forms. The referendum of the Russian Federation is recognized as held if more than half of citizens who are entitled to participate in the referendum took part in the voting. The decision is recognized as adopted on the referendum, if more than half of the citizens who took part in the voting voted in the Russian Federation.

The decision taken on the referendum comes into force on the date of its official publication of the Central Commission of the referendum, is generally obligatory and does not need an additional approval of the decision taken on the referendum, acts throughout the Russian Federation and can be canceled or changed otherwise as by making a decision on the new referendum. The re-referendum is not held within a year after the day of the official publication of the referendum results with the same in content or in the meaning of the wording of the issue.

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