The people as a subject of the constitutional law of the Russian Federation. Ministry of Education and Science of the Russian Federation
People. In a number of political sciences, people (folk masses) are called the main subject of politics as the main subject of politics. Zokrema, I take a similar position to traditional Marxism.
Go ahead. Thus, the Spanish philosopher Ortega-i-Gasset, in his robotic “Resurrection Mas”, succumbs to their blind ruinous force. Hitler ottozhnyuvav people іz natovpom, z kakim need to constantly deceive.
Science does not have a single definition of the concept of "people". The people were ottozhnyuvayut and ottozhnyuyut іz "the harvesters of material goods", "workers", "everyone who takes a part in progressive transformations" and others. The successors of the same class are less than the fact that the people are a part of the population.
S.E. historical memory, (2) a global faith, a single global idea, (3) a global historical perspective. With such an approach, one hundred and fifty of the lands, zokrema and up to modern Russia, one can say that there are populations, selections, but there are no people.
In any case, the people rarely act as a single subject of politics. Ring out before the periods of great trouble, which will threaten the lands, periods of war. In a quiet, calm situation, there are no people like a subject with common interests, no one like a single common will of the people and shukati means coming out of illusions, de-growing totalitarian regimes.
The population of the country is divided into social groups, with specific interests, and, like a lot of seniors, the very same groups are real subjects of political life. Before them, it is possible to preserve social and demographic groups (vikovi, state groups), ethnic, religious, territorial strata. But the greatest role of such groups is yak classi
Klasi . Classes are called great groups of people who have uneven access to social benefits. Science has no single criteria for seeing classes. In Marxist theory, the emphasis was on the nervousness of the Volodymyr by means of virobnism. In other theories (M.Veber et al.) it was important that the classes are considered one and the same by income, prestige, and power.
In different political traditions, the role of classes was assessed differently. The Marxist theory of the struggle between the classes bachiled the development of successes. For the slave suspenstvo - tse struggle between slaves and slave lords, for the feudal - between feudal lords and kripaks, for the bourgeois - between capitalists and proletarians. It was said that the class struggle took place in three forms - in economic, ideological and political. Like a supreme form, the political struggle was raging - the struggle of power. In the present hour, most of the elders know what to say about the class, about the single sub'jects of political life, it is possible to speak about a hundred years of the 19th - the beginning of the 20th century. On this day, class not with the same social groups, with the same interests, high-profile political orientations and a single directive. So, at the elections, representatives of that same class, for example, the robotic class, support parties with opposite political orientations.
It should be said that earlier there was a new unity of the classes. So, the robotic class during the hours of the hromada war in Russia fought not only for the “red”, but also for the “bіlih”. For example, the armies of Kolchak had a few volunteer regiments, like the Ural soldiers.
In modern Russia, political activity is connected, first for everything, not with traditional class differentiation, but with such factors as:
Galuzev’s dependency (employed in syrovine-finished galuzias can earn income, immeasurably more, lower practitioners in obrobnye galuzias and in the state budget sphere);
The level of economic well-being of a particular organization (practitioners of equal qualifications, equal performance in economically prosperous organizations can earn more money, lower in economically disadvantaged ones);
Living in that other region (economical minds are more friendly in the syrovine-producing and cordon regions);
The presence of a dodatkovy dzherel income and in.
Because of this, Russia's political struggle does not have a pronounced class character.
On this day, for social differentiation, it is more common to win a victory, where the main criteria are not to take up power to occupy, but to include income. On the basis of which one sees the lower, middle and higher class. It is important that the stability of the suspense is due to the presence of the numerical middle class. Near the lands, the sunset is close to 2/3 of the suspіlstva. In Russia, according to the highest estimates, it includes three more than 1/5 of Russians: it surpasses the lower class and є an insignificant higher class, which becomes 1-2% of the population. The distinction in the minds of the life of the lower and higher classes is already great, which calls out the polarity of their interests. In the minds of a sharp economic differentiation, it is important to achieve the consolidation of sustainability and political stability.
Nations . Remember the political subject is the nation. The political lexicon of the words “international visions”, “international conflicts”, “national interests”, “national welfare” and other. The prote word (term) “nation” is richer in meaning and victorious in different meanings. The best accommodations are:
1. Nation is a collection of the people of the singing state (country). For example, the Russian nation, to which representatives of various nationalities are included;
2. Nation - the greatest rivulet for the development of ethnos(the union of representatives of one and the same nationality), who live on the singing territory and is connected with the economy and spiritual life. Before the nation, ethnos is based in such forms as a tribe, nationality. In this context, we can talk about Russian, Tatar, Chechen, Yakut and other nations that live on the territory of Russia.
In the first important nation as a subject of politics is growing, daily with the population of this country. Such a roaming nation will be seen by those who stand for international politics.
Nation as a form of development of an ethnic group is formed as a subject of politics for the obviousness to achieve a proven national self-confidence among representatives of this ethnic group. It's your fault to consider yourself as a special group with special interests. In the formation of national self-confidence, the role of the humanist intelligentsia and the national political elite is great. National self-confidence may be vindicated by a different world. For example, in Ukraine it is much more rozvinen, lower in the state of Belarus.
ethnic nation, Formed as a subject of politics, begins to fight for self-improvement, the best form of such a creation of a powerful state. Often, at Cise Pol_tichna Elіta Etnio, Natsі, Pragunchi Podvikovyti Sviy Status VID Regional to the Power, Dіє Watch Major Provinnikіvtsi Tsієї Natsії, Yak Ok'єt Manіipulyatsії, Sino, Pragne Polіtniki, Scho, Pragne Pivorovatiy.
Today there are close to 200 member states of the UN. The collection of ethnos, as they think of their own powers, a number of doslidniks are called the “fourth world”. Їx for different estimates from 1 to 4 thousand. Maizhe 300 nations (ethnosiv) choose the combination of their lands (in Russia - Chechens, Georgia - Abkhazians, Turechchini - Kurds thinly.). Ethnic renaissance is to be seen in calm Europe: this is how the Basques in Spain, the Corsicans in France, the Scots in Great Britain and other countries fight for the creation of a great power. Approximately 1/3 of the ethnosiv, yakі to pragmatic creation of the vlasnoi state, є chances of success. Proteoethnic nations can raise their own problems, not satisfying the state power, at the borders of the cultural-national chi state autonomy. About tse svidchiv dosvid Radyansky Union if, in the presence of wealthy ethnical nationals, a significant world, they podolil their stand at the warehouse of the great allied power.
Sides at the magazine: 29-33
D.S. Velieva,
candidate of legal sciences, associate professor, head. Department of Constitutional Law of the Volga Academy of State Service named after. P.A. Stolipina
There is a thought that the subject of constitutional law is friendly in the middle the Russian people speak. Such a visnovok is bound by the Constitution of the Russian Federation, the norms of international acts and federal legislation. People Russian Federation I have the right to live active visits while reaffirming the violated right to friendly dovkіllya: public events (rallies, demonstrations), a referendum for the protection of the most important middle ground, collective brutality.
Keywords: the right of the skin on the friendly middle ground, the collective subject of the right on the friendly middle ground, the right of the people, the right of the future generations on the friendly middle ground, environmental rights of the indigenous non-numbered peoples.
Vіdomosti about those who are subjects of the constitutional right to health in the middle of the Russian people. Such vysnovok is appointed within the framework of the RF Constitution and national legal norms and federal rights. The people of the Russian Federation claim the right to those who actively come in and promote a great deal for the health of the environment: public action (rallies, demonstrations), referendum on environment, collective petitions, etc.
Keywords: everyone "s right to a healthy environment, collective entities the right to a healthy environment, the legal personality of the people, the right to present and future generations a healthy environment, environmental rights of indigenous people.
The Constitution of the Russian Federation has the right to a friendly dovkіllya to close like a skin right: the citizens of the Russian Federation, foreigners, apatrides and osіb z podvіynym hromeditstvom. The legislator does not blatantly swear on the rights of a human being, and not on the rights of a hulk. Why is it due to this that the basis of the new concept of the rights of a person is based on another pіdkhіd to the subject of the legal status of specialty, which is opposed to us in front of what is legally recognized as the category of human rights on the constitutional level.
The rights of a person are the rights of other peoples, and the rights of a large number of peoples (for example, children, women, national minorities, social groups, peoples, nationalities). The rights of the hulks, compared with the rights of the people, are much less slandered by the number of subjects. Zvіdsi i raznitsyu in ob'єkі and subject's rights on friendly dovkіllya.
Significantly, seeing the warehouse of the subjects of the law on a friendly dovkіll is even more important, the oskіlki specifically zmіst tsgogo right schodo dermal z yogo nose can be rіznim. Tse rightly designates M.M. Brinchuk, at the thought of some kind of food, tied from the subject of law to a friendly dovkill, is far from being different.
In the scientific literature, there is a classification of the rights and freedoms of the people and the bulk of the people for the subject of the creation of rights. According to these criteria, it is accepted to distinguish between individual and collective rights, including the rights of peoples. Іsnuє thought about the special status of the rights of peoples.
As it turns out, after another world war, the formation of the third generation of human rights began to form, the nature of the rights of which becomes the subject of discussion. Slid, with a look, wait for R.A. Mullerson about those that the rights of the people are at the same time the rights of the peoples: to the world, to the health of dovkillya, to the progressive, social and economic development of a particular society and all the world's trade unions. It is right to lay the skin of the people on the skin of the people, we can say - to the people as a whole. The peculiarity of analyzing the rights of those who are collective and can act like (and maybe even more) one person, more collectives, collectives, powers. Zrozumilo, okrema people take part in the implementation of such rights, but their fate is tied not to a special status, but to becoming a member of a collective, unity, state-organized society. Mіzh іndivіdualnymi і kolektivnymi іsnuіє vzaymozalezhnіst, yakої ії а principle is laid іn basis: zіysnennya kolektіvnymi prіvі є maє maximally satisfaction іndivіdіduаlnі іnteresi sobobistostі.
Collective rights - tse rights, implementation of impersonal subjects, i.e. the rights of the people, nation, community, association. For example, the right to strike, the right to hold gatherings, rallies, demonstrations, walk, picket and others. The rights of the group are accepted to be respected by the collective, by the solidarists. The deyakі authoritami podkreslyuyut bezporadnі іk іndivіdіv, i okremyh powers in nevnih critical situatsіyakh i ineffektіvnіnіїї їkh dіy odintsі. It is right to be right that it is impossible to be recognized as an individual, the rest can take part in the implementation of a member of the team (i.e., one of the special status of nothing to be recognized as an individual). For example, just taking a representative of an indigenous, non-numbered people, it is impossible to individually win a declaration about self-appointment. However, together with the lesser representatives of their people, they are crowned with singing pleas, established by the power as a right to self-appointment.
At the thought of Yu.A. Zankina, rights can be considered as individual, and collective, shards in the implementation of the solution of the individual. Moreover, we can and should speak about the right of an individual to health and a balanced living standard, about the right to humanitarian assistance, too.
SERIUM OF COMMITTIVE SUN'TIV VIEVIUM ENTRIHNI, MOVNI TA RELІYGINIY MENSHINI (ZGIDI ZHELSІYSIKYY OSIBER'S RIGHTS, SHO PUT TO NATSIONAL CHIA ENTRICHNY, RELIAGINYY TA 47/135 by General Asamblai UN Wіd 18 Breasts 1992 r.) Ta Peopoli ( nations, non-numerous peoples, peoples who lead a tribal way of life - Article 1 of the International Pact on Economic, Social and Cultural Rights of 1966, Article 1 of the International Pact on Civil and Political Rights of 1966 (further - Pakti).
Menshostі that people vvazhayutsya one hour as a collective, so and іndivіdualnym subject (deposit in the knowledge of the rights of the people). How to talk about rights, how guaranteed they are as a whole, for example, the right to self-determination (Article 1 of the Covenant), the right to save native language (part 3 of article 68 of the Constitution of the Russian Federation), the right to save one’s own sounds, traditions, culture , institutions (Art. 27 of the Covenant on Public and Political Rights; Articles 4 and 8 of the Convention on Indigenous Peoples and Peoples Leading a Tribal Way of Life in Independent Cities, adopted by the General Conference of the Ministry of Education and Science in Geneva), in 1989 of the Russian Federation, Article 69 of the Constitution; then a minority of peoples act as a collective subject. If we talk about granting representatives of these minorities and peoples with rights equal to representatives of other populations of the same population (statutes 2 and 3 designated by the Convention of 1989), then the representatives of minorities act as individual subjects of human rights.
The subject of law on friendly dovkill is the Russian people. Such vyplyvayvay z norms of the Constitution of the Russian Federation (which was appointed higher), the Land Code of the Russian Federation, the Local Code of the Russian Federation, federal laws of 25.06.2002 No. 73-FZ “On objects cultural recession(Monuments of the history and culture) of the peoples of the Russian Federation”, issued on 24.04.1995 No. 52-FZ “About the world of creatures”, issued on 10.01.2002 No. 7-FZ “On the protection of the natural environment”, issued on 23.02.1995 No. 26-FZ "On natural luxuriant resources, recreational and health-improving facilities and resorts", Law of the Russian Federation of 21.02.1992 No. 2395-1 "On Nadra".
In the sphere of constitutional law, there could be an idea for the fact that at the hour a new subject of constitutional legal acts - the future generation of Russians - could be born. At the preamble of the Constitution of the Russian Federation, it is affirmed that the people for their Batkivshchyna before the future generations are affirmed. As a subject of law about the future generation, there is the same, for example, in the sphere of budgetary finance. Henceforth, the state is starting a new public meta - defending the economic interests of the future generations of Russians.
Regulations on the legal personality of the people in the science of constitutional law should be recognized as completely tired and traditional. Most of the past scholars positively vindicate the nutrition of the constitutional legal personality of the people, seeing it as a special subject of law.
Prote, the authors, people, nations, social groups act not as subjects of law, but as subjects of politics, being the bearer of political power. Other institutions recognize the people as the subject of prejudicial legal documents. Those that can mentally be called pre-judicial pravodnosinami, are manifestations of a pre-judicial nature, which lie to the fullest extent of social rights.
Such a position is established by the fact that the main social solidarity of people (the people, the nation, the people as a whole) are the institutions of political life, which are expressed by these deep connections. With this stench, one cannot and cannot mother the power of the call of the Kremlin, institutional, formally personified order, which would allow them to be subjects of legal vodnosin. Social cohesion appears in the sphere of legal opinions not without middle ground, but indirectly - through personalized social awareness (power, electoral district, etc.) and various organizations, including parties, professional unions, cooperatives.
Similar positions are supplemented by the authors. So, Professor E.V. Kolesnikov to bring the same idea to the team, that at part 3 of Art. 3 of the Constitution of the Russian Federation are named forms of participation of the people in the current government (referendum and election), but rather the electoral corps, and, obviously, “there is no trace of social cohesion”.
Please note that this position is not entirely correct. It is not possible to lead the people to the point of participating in the selection process, to become a subject of specific constitutional awards. The people come forward with collective rights (for example, the right to the world, to a friendly, navkolish middle), and in which way one goes wrong about the right-wing, like about the right-wing.
Yak obediently designates V.I. Kruss, “for obsyag (change) “right-wing” which is equal to “right-wing””. As an argument, the author suggests M.I. Vasilyeva, zgіdno zgіdno zgіdno zgіdno zgіdno zgіdno svіdno dovkіllya, taken yak "pravokoristuvannya" (pasivnja koristuvannya sotsіal'nogo good - the camp of factors navkolishnym sredovishcha), does not mean for the implementation of special minds, which lie down to the subject, not transferring the juridical special features special legal form.
We deeply respect that V.I. Kruss is the essence of the constitutional law-making to lead to the coronation of "skin human basic rights and freedoms with the method of gaining those constitutional blessings, as if she herself respects her own needs."
Said zastosovno and to the people as a subject of the constitutional right-wing - koristuvannya amiable camp dovkіllya, like transferring the acceptance of active coming from the side of the people as a subject. Friendly camp dovkіllya bezpechuєtsya power in watching the implementation of organizational, legal and other approaches. Only for the violation of the right to a friendly dovkіllya, the people, as a subject of law, can get used to active visits at any time to restore the violated law. You can come in and get used to each other, you can be collective: public demonstrations (rallies, demonstrations), a referendum for the food of the protection of the most important middle ground, collective savagery.
Evidently, in such collective, huge visits, you can take the fate of an overgrown population, against the backdrop of the thought of the entire population, the people. Even in the Constitution of the Russian Federation (preamble), as it was intended to be more, there is a talk about "respect for one's Batkivshchyna in front of the present and future generations."
For justice zauvazhennyam avtorіv comment to Konstitutsії Russian law navіt in formі konstitutsії, odnoosіbno not zmozі virіshiti tsі zavdannya, ale vono poklikane stvoriti adekvatnі sotsіalnі mehanіzmi for virіshennya supply about zabezpechennya blagopoluchchya that protsvіtannya Russie that about vіdpovіdalnіst for their Batkіvschinu before ninіshnіm that maybutnіm pokolіnnyam . The well-being of that prosperity of Russia is rich in what lies in the dynamic development of the economy, a well-thought-out demographic policy, and a reasonable system of subsidies. If it is necessary for future generations, then we should talk about environmental policy, the protection of the necessary environment, ensuring the health of the nation, the integrity of the state, and so on. e. Zaporukoy vsogo tsgogo є realіzatsіya norms komentovanogo Fundamental Law.
Nayvazhlivіshі mіzhnarodnі acti of power receptionists navkolishnogo seredovischa mіstyat Statute about Interests ninіshnіh that maybutnіh pokolіn: Deklaratsіya UN Konferentsії of problems navkolishnogo seredovischa 1972 roku (Principle 1), Deklaratsіya of navkolishnogo seredovischa that rozvitku, priynyata UN Konferentsії of navkolishnogo seredovischa that rozvitku Rіo de -Janeiro in 1992, Cancun Declaration, adopted on January 8, 1992 at the International Conference on Affordable Fishing (Article 1) and int.
The UN Thousand Declaration, praised by resolution 55/2 at the eighth plenary meeting of the 55th session of the UN General Assembly at New York City on the 8th of Spring 2000, among the fundamental values is called "devotion to nature"; zgіdno z declaration, the basis for the protection of the rational victoria of all living organisms and natural resources is the responsibility of buti put obachnіst vіdpovіdno to the postulates of steel development. Only in this way can we save for our treasures those majestic riches, as given to us by nature. Nine unsatisfactory models of warfare and spontaneity may be changed by the melancholy of our future kindness and the well-being of our naschadkiv. The declaration of revenge is also a special section - “The protection of our savage dovkіll” (IV), in which the need to accept the sleeping people “for the sake of the welfare of all people, and to us in front of our children, that onukіv, as a threat to living on the planet, as people will be hopeless, will be voted resources that are no longer available to satisfy their needs” (Article 21).
Henceforth, figuratively speak about the constitutional right of today's future generations of people in a friendly dovkіllya.
The head of the Russian state in today's minds is the security of the right to a friendly dovkіllya and a non-sufficient yoga dotrimannya to the reproach of the entire Russian people.
On the thought of O.M. Bukaєvoї, ZV'IBOKO Tlіdshtіstyu Svyversa Tlumannіna "People" Criticuati Tu Chi Інша истая изіюu at Rzuminnі Danaї Kathegorіїi does not zovіm Naukovo, the skin of Polytiko-Ropovikh Pіdtska І Tim Chi Іrthin Realization practice.
The people as a subject of law are recognized by the Constitution of the Russian Federation and other articles. So, up to part 1 of Art. 9 land and other natural resources are victorious and protected in the Russian Federation as the basis of life and activities of the peoples who live on the natural territory.
The established norms are important for the peoples who live on the territory of that third sub-subject of the Russian Federation, are obliged to guarantee the protection of the earth and other natural resources, natural wealth, value (adbannya) of national significance. From the Russian Federation and її subjects do not znіmaєtsya from Art. 9 in connection with Articles 71 and 72 of the Constitution of the Russian Federation on obligations for the protection and security of land and other natural resources.
The analysis of the constitutional position is concretized in part of another article. 2 Law of the Russian Federation Vіd 21.02.1992 № 2395-1 "About Nadra", Zgіdim Zakoj Volodynnya, Korchuvannya Ta Rosipovynoye Cover Foundation in Insection of the Territory of Rosіyskoi Federation on Corrite People, Scho Residing on Vіdpovіdniyiii, Ta Svіh People Rosіyskojo Federation and subjects of the Russian Federation.
At times, the people are recognized by law as a subject of legal rights in the sphere of supercorrection.
Also, the norm of the Constitution of the Russian Federation is analyzed, it is guilty of being interpreted as obligatory language of the authorities of the Russian Federation, subjects of the Russian Federation, municipal offices, physical legal issues how rational and efficient use of the earth and other natural resources; їх protection against irrational vikoristannya, psuvannya, infection; renewal and renewal of natural resources and economical windows of non-resources.
All the same, we can succumb to the greed of the dermal landowner and nature keeper, and also to the greed of the rich-ethnic people of Russia and the dermal one to enter the yogo warehouse of the peoples to secure the rights of future generations. When tsomu in Pevnyi law vipadkah neobhіdnі deyakі obmezhennya rights i freedoms vlasnikіv that іnshih osіb schodo vikoristannya zemlі that іnshih natural resursіv vimogami їh efektivnosti that ratsіonalnogo vikoristannya, receptionists, zagalnimi (sotsіalnimi, ekonomіchnimi, ekologіchnimi, mіstobudіvnimi, tehnologіchnimi that іn.) Іnteresami, rights other osіb, the needs of defending the foundations of the constitutional harmony, morality and healthy population.
The Danish constitutional principle of the rational victories and the protection of the land and other natural resources as a dovkіllya peoples who live on the territory of the Russian Federation. All activity, connected with victories of that protective land and other natural resources, may be grounded on the appearance of the significance of the earth and other natural resources as the basis of life and activity of people. To this end, the devotion of the earth and other natural resources with the method of ensuring the development of the life of the peoples who live on the territory of Russia, can be saved for the minds of the friendly dowkill and natural resources for the next generation and the future.
Legend vische uzgodzhuєtsya of legal pozitsієyu the Constitutional Court of the Russian Federation, of zgіdno yakoyu hover konstitutsіyne encampment in єdnostі of progoloshenimi in preambulі Konstitutsії RF metoyu zabezpechennya blagopoluchchya ninіshnogo that maybutnіh pokolіn i vіdpovіdalnіstyu before them viznachaє vzaєmoobumovlenіst zakrіplenih the Basic Law of the skin on the right Russie spriyatlive surrounded. ) that obligation to protect nature and the richness of the middle ground, is dbaily placed before natural riches (Article 58), which is one of the main principles legal regulation Vіdnosin in the sphere of protection of dovkіllya and ensuring environmental safety is the principle of the priority of the public interests.
In this rank, among the subjects of law on a friendly basis, we should name not only individual subjects (as it is generally accepted), but also collective ones. Zagal to the subject of the dosledzhuvannogo right to be put: the citizens of the Russian Federation, foreigners, individuals without the community, individuals with the dependent community, people, nations, splnosti, associations. Before them, as we have appointed more, it is necessary to carry out the right and future generations.
Collective subjects of constitutional rights, the foundation of law on a friendly dovkіllya, its strength can be applied to formalization in the legal sense, i.e., it looks like one of the organizational and legal forms, transferred by formal legislation, and unformalized. Before the first ones, one can add various public organizations and associations, as if they were gaining their legal personality with the help of state registration of speech chie and other legally significant actions. Non-formalized collective subjects of law are naturally formed cohesiveness of people, as they may be formally fixed by status. Until such a trace peoples, nations, national minorities are too thin. As a rule, these collective subjects zdіysnyuyut their eligibility, scho vyplivayut іz nadanih їm rights, looking like a formalized subject, which represents their interests. However, as a right-holder, they act as a non-formalized subject.
Bibliography
1 Report about the div.: Brinchuk M.M. Friendly dovkіllya - the most important category of law // Journal of Russian Law. 2008. No. 9. S. 37-52.
2 Div: Bakhin S.V. About the classification by the rights of people who have voted for international favors // Law Science. 1991. No. 2. S. 44-45.
3 Div: Mullerson R.A. People's rights: ideas, norms, action. - M., 1991. S. 30.
4 Div: Lukasheva E.A. The genesis of the ideas of human rights and the legal power. - M., 1996. S. 27.
5 Divas: Golovistikova A.M., Grudtsina L.Yu. The rights and freedom of the people. Interpretation of freedom as the most important principle of law // Lawyer. 2006. No. 7.
6 Div: Zankina Yu.A. Understanding the essence of human rights // Advocate practice. 2005. No. 1. S. 23-25.
8 Div: Gadzhiev G.A. The Constitution of Russia as the legal basis of the economy: legal model and modernity // Izvestiya vuziv. Jurisprudence. 2009. No. 2. S. 83-90.
9 Divas: Aleksev S.S. Zagalna theory of law: In 2 vols. T. II. - M., 1982. S. 149; Kutafin O.Y. The subject of constitutional law. - M., 2001. S. 317-329; Vin. Russian constitutionalism. - M., 2008; Burtsev A.A. The system of subjects of constitutional and legal opinions: Abstract of the thesis. dis. ... cand. Legal. Sciences. - M., 2005. S. 17; Mateikovich M.S., Voronin V.V. Nation, community society, community as a subject of constitutional legal rights// Law and Politics. 2007. No. 10. S. 85-92.
10 Divas: Osnovin V.S. Radianska sovereign-legal vіdnosiny. - M., 1965. S. 38-39.
11 Divas: Gubenko R.G. Radyansk people - the subject of constitutional law // Radyansk power law. 1980. No. 10. S. 114-115.
12 Divas: Farber I.Y., Rzhevsky V.A. Nutrition of the theory of radian constitutional law. Vip. 1. - Saratov, 1967. P. 60; Kabishev V.T., Mironov O.O. The category "people" in the Radianian constitutional legislation // Law Science. 1969. No. 4. S. 40-41.
13 Op. Quoted from: Constitutional Law of Russia: Navch. / Ed. G.M. Lumpy. - M., 2005. S. 21.
14 Kruss V.I. The theory of constitutional law. - M., 2007. S. 63.
15 Divas: Vasilyeva M.I. Public interests in environmental law. - M., 2003. S. 107.
16 Kruss V.I. Decree. tv. S. 21.
17 Div: Constitution of the Russian Federation. Scientific and practical commentary. Post-article / Ed. Yu.A. Dmitrieva. - M., 2007.
18 Div: Chinne international law. T. 3. - M.: Moscow Independent Institute of International Law. 1997. S. 682-687.
19 Ibid. pp. 687-692.
20 Divas: Vilegzhanin O.M., Zilanov V.K. International legal ambush management of marine living resources. Theory and documents. - M., 2000. S. 447-451.
21 www.un.org/russian/documen/declarat/summitdecl.htm
22 Div: Bukaeva O.M. About the legal personality of the people // Law and Politics. 2007. No. 8.
23 Div: Decree of the Constitutional Court of the Russian Federation dated 07.06.2000 No. 10-P "About the reconsideration of the constitutionality of the provisions of the Constitution of the Republic of Altai and the Federal Law "On the fundamental principles of the organization of legislative (representative) and victorious bodies of the state / sub-Russian" / Vіdomosti Verkhovnoy, 2000, No. 25, St. 2728.
24 Div: Commentary to the Constitution of the Russian Federation. By article / For zag. ed. V.D. Karpovich. - M., 2002. S. 124.
25 Div: Sukhova E.A. Lawyer's advice from land law. 2nd view. - St. Petersburg, 2007.
26 of the Decree of the Constitutional Court of the Russian Federation dated May 14, 2009 No. 8-P “About the reconsideration of the constitutionality of the provisions of subparagraph “b” of paragraph 4 of the Decree to the Order of the Russian Federation “On the approval of the Order of the appointment ”At the link with the request of the Supreme Court of the Republic of Tatarstan // Rosijska gazeta. May 27, 2009
The nutrition of the role of the people's masses in politics, as well as the nutrition of the role of the nіy okremoї specialty, it is important to correctly violate the framework of the ideological approach. Even the followers of Marxism traditionally endured such an approach. The stench underlined the role of the people's masses in the suspіlnomu zhittі for additional kіlkoh theses about the reactionary and progressive class, class struggle, the Communist party, which reflects the interests of the working people, nareshti, about the leaders, the building to lead the people to the social and economic and spiritual. The political practice that was formed on this basis, in fact, put the people at the position of the object, which the party freely manipulated. It does not matter to understand that in such a time it is problematic to pose food about the people as a subject of politics is not small sensation. They completely replaced ideological clichés, for example, they affirmed that “the right subject is the people’s masses, as the main force of creation that revolutionary and transforming world of culture and social buttya” (8) .
In today's ideological minds, there were no problems that would give rise to low-quality nutrition. Only a few places of many ideological clichés have been occupied by new ones, but not less subjective ones unambiguously. Now it is no longer the Communist Party, but the political elite that has begun to claim the role of not a single subject of politics. On the right, it went to the point where the political lexicon began to understand the concept of "the people" and to call the electorate community in most cases. The modern sovereign ideology of the protection of the role of the people's masses (employees and other working classes). Moreover, in stay rocky I had a chance to read that a little bit vipadіv against the people, like against the forces of the dark, reactionary, unrestricted to constructive creative activity. Ahead of the elections at the State Duma, the theatrical performer M. Zakharov was featured in articles published in Izvestiya on 05.11.95. writing about the causes of the Russian people's lack of life to vote correctly in future elections. The axis of the second word is: “... a nastchadkovy slave, having taken from his genetics the behavioral norms of a slave-father and a slave-dida, having turned into slavery, maybe even a slave.” Let's just say that there are fewer emotions.
However, do not forget that the people, having shown to achieve a high political reputation at the elections of 1995, if they vote for them, to whom they respect for their needs, in whom they are versed in their interests. More nutrition: more politically active people's masses. It is a rich idea that in today's minds to achieve a wide range of people do not accept themselves as subjects of political life, marvel at the politics of the eyes not of the participants, but of the spectators. (9) .
For what kind of minds can people be a real subject of politics? Depending on the food chain, it is impossible not to touch the problems of the political activity of the population, its political culture and information, which is necessary for a correct understanding of the political situation and the critical acceptance of attempts to manipulate their own political situation in the sub-sector. The second clerk of educating the broad masses of the people to politics is to think, with whom people have been appointed. The stinks can stimulate, they can stifle, they can give a sing-song directness. It is often associated with the development of democratic institutions. The system of elections to political bodies power can be organized in a different way, but it is through them that choices can be poured into power. The same can be said about the system of non-intermediate democracy - referendums, or about opituvannya, under the hour of which a huge thought is being raised for quiet chi and other political nutrition. The order of the two groups of minds є th іnshі. Before them, it is impossible not to see, for example, the mentality of the people, which is traditionally placed before the rule of the people, like the rule of the people.
Analyzing nutrition about the subjects of politics, it is impossible to deprive me without respect of the ordinary, ordinary mass specialty, to which one should lie down to consider more people. It should be noted that the understanding of “peresichna” specialty as a subject of politics is relatively. The okrema of a person who is a hundred other can be ordinary and indistinct. Transitional professor by appointment to his colleagues and students in his different status. However, there are songs of political nutrition, however, they should be placed before professors, and before students. Like hulks and vibortsі stinks act on equal minds.
Even more often, the objective situation, in times of sovereign power, seems to the cross-border people as strength, as if wine could not have any infusion. On this basis, political conformity is blamed for the expansion, which is passively attached to political environments, which often corroborates political power in its interests. Quite often, the political indifference of what is put up to politics is often mentioned. People with such views don’t lie about it, if they don’t think about politics, then politics still think about them and spit on them. From political leaders, as the most important objective official, people are not allowed to join, as if out of the blue, obviously, you don’t want to win the role of a pishak from a political citizen. Tim is no less, richly brought to the point of living in a political society and not knowing any of the rules, it means allowing to manipulate (and inspire to deceive) neohay politicians.
Above the food about those, how to pour on a person an objective environment, so that the external forces, including political power, a lot of philanthropists were occupied. F.M. Dostoyevsky has one verse, in which the situation is clearly looked at, if a person appears worthless and idle before the force of the situation. Ce famous "Notes from the Pidpillya". The hero of "Notes" has his own theory, which is called the "theory of the wall." Vіkhodat scho that everything in the people is in the middle, as it seems to him a wall, a wall of laws that stand in front of him. If this is so, then there is no creative cob in a person and there is no way to get to a gvintik, an object. Wine is not needed as a subject, but with whom you can feel more calm. You don’t need to think about anything, work anything, pragnate to nothing. The peculiarities of the minds can inevitably degrade. The hero seems to himself such a specialty, "I'm not only angry, but I'm not angry at all, but I can't do anything: I'm not angry, I'm kind, I'm not evil, I'm honest, I'm not a hero, I'm not a coma," - I know (10) .
A cross-border citizen can be a subject of politics, just like the people themselves for the obviousness of the richness of minds. Before them one can see: political knowledge and political knowledge, political interests and their knowledge, political psychology. At the same time, the sons can create in people a scientific manifestation of sovereign power and ways injecting them. The next number of minds are brought up to the level of the development of democracy, the creation of mass information, the functioning of the political mechanism, and legal security.
One of the most important minds of political subjectivity and interaction with other people. It is important to reveal a person as a subject of political vindication, as if they are out of themselves, including, obviously, terrorist activities or other similar acts. Lyudina, as she has sovereign rights and functions, is by herself a subject but is impossible, although she can sing political songs from her side, but they are not very effective. Therefore, people who want to take part in politics unite in groups, parties, unions, organize joint actions and create other political parties together with other people.
Chi does not mean that a human being cannot be a subject of politics, but such a subject є that chi іnsha spіlnіst? Hi, tse does not mean. On the right, in that a person, as a subject of suspіlnyh vіdnosin, performs most effectively, if he or she is cooperative with other people. Zreshtoy, the person himself can cope with subjectivity. The very okremі people, yakі to establish that chi іnsu splіnіst yak nії sії pod'ektnіstі, allow tsі svіlnosti ob'ktivno play the role of political subjects. More nourishment - political renewal, as if they were trying to appropriate the value of sleepiness. It is customary to respect the political integrity of the intermediary lanks between the occupied communities and the political power, and play their political role to participate in the elections. Prote is like a thought of pardon. The role of a particular specialty as a subject of politics can never be reduced to functions as a choice. The Constitutions of the Low Countries, the constitutions and the Constitution of the Russian Federation, formulating the whole system of rights, in their totality of the initial possibilities of the skin hulk, carry out political victories. In essence, the problem of the rights of a person and a citizen is nothing more than a legal guarantee of the formation of a special political subjectivity.
| " |
Madiyarova D.T.
people as a subject of legislators' initiatives
The article considers the nutrition of the legal status of the citizens as subjects of legislators' initiatives.
Key words: constitutional law, legislator initiative, citizens of the state.
the people as the subject of the legislative initiative
At this statue of the lawful, the statue of the bulk is the objects of the bulk of the initiative.
Keywords: constitutional law, legitimacy initiative, the enormity of the state.
Madiyarova D.T.
As a single subject, we will formally fix it as the main one, but we will practically be without rights, we will encroach on the adoption of effective legislation by the greater world, perhaps the people of the Russian Federation. As a whole, it is lawful to decide that the representative body represents the interests of the people. However, it is possible to bring a lot of useful examples from the practice of the work of the deputy corps, representatives of which sit at the Sovereign Duma of the Federal Assembly for the first time and do not represent their interests in the Crimea. Presenting the interests of the population from the side of the future deputies can be predicted for the first time before the election campaign, if political programs are announced, practically everyone forgets about the aftermath of the election.
Traditionally, the main form of realization by the people of their position in the legislative process is a referendum. However, it is remarkable that in the entire history of the Russian Federation, after the collapse of the Soviet Socialist Republic, wines were held in our country only once. It is possible to create an unambiguous statement about the declarativeness and form of the legislative procedure. The need to educate the hulks to the extent of accepting laws has always known its influence from the robots of legal scholars. Thus, S.V.
The significance of the national referendum is actively supported by V.M. Otherwise, the referendum, for the sake of uninterrupted democracy, is transformed into for the sake of fighting for parliamentary democracy.2 Therefore, the work of V.M. It is necessary to indicate that it is impossible to put oneself unambiguously to the position, shards, from one side, the referendum is effectively done by the procedure to finish the road and longing, which, without a doubt, can be recognized by the fact that the firmness is accepted by the author what qiu form of the legislative process is necessary-
1 Polenina S.V. Lawmaking in the Russian Federation. - M., 1996. - S. 115. This position was denounced by V.M. Platonov, who wrote about those who, until the 90s of the XX century, the number of large organizations was strictly regulated by the party-government power. Ninі fall asleep hromadskuyu organization that, in such a rank, the subject of legislators іnіtsiativi є very easy, which is not true. Div: Platonov V.M. Legislative process in the Russian Federation: Dis. ... cand. Legal. Sciences. - M., 1999. - S. 78.
2 Platonov V.M. Decree. tv. – S. 67.
I can stop at the most important ways of adopting laws. One of these ways, we respect the adoption of the Lawmaking Code of the Russian Federation, which, in our opinion, can be prepared by scientific and recent institutes jointly, with the approval of our thoughts about changing the order of legislative procedures, and then praised by the popular vote. For the sake of justice, it should be said that the priority recommendatory thought can be in the same way the thought of the representatives of the Federal Assembly of the Russian Federation, as the main subjects of the legislative process.
A lot of authors in their work hang on the merit of endowing the people with the right to legislate initiatives.3 Thus, S.A. establish the Institute of People's Law-Making Initiatives Vin can include the distribution of the bill (individually and collectively) to the draft law, the creation of an initiative group and the organization of the selection of signatures for the support of the praise of this law by the Russian parliament. For the people's law-making initiatives, the community of obov'yazkovo put food for the adoption of a normative act. They are preparing a draft act, and choosing a signature for the defense of the fact that the draft itself will be reviewed by the authority of the government (for whom the most important thing is just a collective execution of a suspiliously significant food).
Tim is no less, in our opinion, given the procedure to dosing cumbersome, and vrakhovuyuchi bureaucratic peculiarities of the sovereign apparatus of our state, which is little-used in practice. To that end, we propose to combine two other rows of subjects of the legislative process into one main one, and to grant the right to legislator initiatives to scientific associations, entrusting them with an uninterrupted work with the population by means of revealing legislative propositions that come up. CRIM TSUE, IS NOT ZABUVATI PROVICE OKHO RІVENI DELIVERY DELIVERY DEVELOONNESSIONS, OCHO EARTER CHIE TO PUBLICATE GUMDYANAM, YAKI NOT MAYUTI SPECIAL RІVNY ONGOVODODOMOSTІ, SELFY SELLS SATELLATE THE TEMBER OF THE LAW, SAME TO THE ENGLISH RІVNI RIVNIK ONLY SLIPLIVATICA OBOVOVA zdіysnyuvati monitoring of the public thought. and adopt a law
3 Abramova A.I. The right of legislators to initiate: problems of security and protection // Journal of Russian Law. - 2006. - No. 3; Avak'yan S.A. Suspіlny clerk in lawmaking: deyakі problems and propositions // Constitutional and municipal law. - 2006. - No. 3.
4 Avak'yan S.A. Decree. tv. About the procedures of the people's legislator
write initiatives and V.M. Platonov. Div: Platonov V.M. Decree. tv. – S. 45.
Eurasian legal journal
propositions of the populace with the method of their distant doopratsyuvannya to the level of the draft law. Given the ideas to be considered and A.I. , state bodies, community organizations, as if they have the right to legislator initiatives, through the bodies of individuals endowed with such a right. 5
For further reasons, the author continues: “The decision on the consideration of the draft, submitted in the name of an individual or a body, which does not have the right of a legislator to initiate, may lie in the hands of the parliament. You can accept the draft and include it before the order of the day of your meeting, or else dismiss the draft without looking, shards of no interference with the will of the subject, who is not endowed with the right to legislate initiative. 6
This firmness, in our opinion, once again confirms the need to empower scientific organizations with the right to legislate initiatives, so that they can submit bills to the parliament as if in their own name, as well as to support the people's legislators' initiatives.
Tse firmness is supported by those other beliefs. So, for example, S.A. Avakyan, hanging like a proposition, calls this group of subjects "legal partnership", hanging to a new low, such as
5 Abramova A.I. Decree. tv.
obov'yazkove ratified by the Sovereign Duma, as well as proponuyuchi to introduce up to їх rewriting for the sake of leading legal scientific and primary institutions (for example, for the sake of the Institute of State Law of the Russian Academy of Sciences, the Institute of Legislation and Legal Science, the Faculty of Law of the Moscow State University named after M.V. Lom, MOSCODSKOE SERVICE ACOUNT ACADEMIA TA IS NOT.). 7 at Cyoma did not see the prosecutive point of the Vncheny, oskilki, s-one side, Vine Proponuє Полілити и илільнись стібный полілнот световий инисть, but іншой - data їm.
At the end, I would like to show that the empowerment of the population to the ability of the people's legislators to allow the achievement of new potential. One of the serious factors in the development of legislation is accepted by the hulks, who live in the state, that ability to take part in the regulation of the suspіlnyh vіdnosin accept further democratization of our suspіlstva.
Reference bibliographic list
1. Abramova A.I. The right of legislators to initiate: problems of security and protection // Journal of Russian Law. - 2006. - No. 3;
2. Avak'yan S.A. Suspіlny clerk in lawmaking: deyakі problems and propositions // Constitutional and municipal law. - 2006. - No. 3.
3. Platonov V.M. Legislative process in the Russian Federation: Dis. ... cand. Legal. Sciences. - M., 1999.
7 Avak'yan S.A. Decree. tv.
shzhshsh prsha
new readers!
We are pleased to present your opinion EURASIAN SCIENTIFIC AND RESEARCH INSTITUTE OF PROBLEMS OF LAW
The activity of our institute is directed to the development of topical problems of legal science in the Eurasian legal space. Іnstitut conduct fundamentalnі that prikladnі doslіdzhennya in the Branch Reigning legal science, mіzhnarodnogo rights advocacy, sotsіologії rights vivchaє zakonomіrnostі pravotvorchoї, pravozastosovnoї that pravoohoronnoї dіyalnostі, rozroblyaє on tsіy osnovі praktichnі rekomendatsії, bere fate in rozrobtsі zakonoproektіv, spriyaє pіdvischennyu profesіynogo rіvnya yuristіv, organіzovuє that take part in scientific visits, we provide consulting services
Kolisnikov E.V., Pazhetnikh D.V. – 2012
KOMAROVA VALENTINA VIKTORIVNA - 2011
14 Divas: Decree Constitutional Court Russian Federation vіd 8 leaf fall 2012 No. 25-P in reference to the revision of the constitutional position of part 1 of Article 79 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" in the zv'yazku zі skargoyu vіdkritogo joint-stock company "Joint-stock company of pipeline transport of naftoproduktіv" 2012. 28 sheet.
15 Div: Commentary before the decisions of the Constitutional Court of the Russian Federation / dp. ed. B.S. Ebzєєv: in 2 vols. T. 1: Sovereign power. Mistseve self-rowing. M., 2000; T. 2: Defender of the right and freedom of the people. M., 2000; Bibliography of constitutional justice / ed. M.A. Mityukov; intro. Art. O.G. Rumyantsev, B.A. Strashun; Foundation for Constitutional Reforms. M., 2008; The Constitution of the Russian Federation at the decisions of the Constitutional Court of Russia. M., 2005.
16 Divas: Luchin V.O. Constitution of the Russian Federation. Implementation problems. M., 2002. S. 246.
17 Divas: Farber I.Є. Constitutional foundations of the model of a lawyer // Problems of constitutional law: international scientific selection. Vip. 3. Saratov, 1979. Z. 8.
18 Div: Ginger Enn F. The Supreme Court and Human Rights in the USA / Prov. from English M., 1981. Z. 163-164.
19 Div: Draft Constitution of the Russian Federation; draft laws “On the Constitutional Court of the RRFSR”, “On political parties in the URSR”, “On nationwide discussions in the Russian Federation”, “On Parliamentary Upovnovazhene in the Russian Federation”.
D.S. Velieva
THE PEOPLE OF THE RUSSIAN FEDERATION AS A SUBJECT OF CONSTITUTIONAL AND LEGAL VISIONS IN THE SPHERE OF MANAGEMENT OF THE STATE: MYTH WHAT IS REALITY?
The article is dedicated to the problem of the participation of the people as a subject of constitutional and legal opinions in elections and referendums among modern minds.
Key words: constitutional legal personality to the people, sovereignty of the people, institutions of direct democracy, elections, referendum.
TERMS OF TECHNICAL ADVICE AS TECHNICAL STUDY TO STATE-LEGAL TYPES OF TECHNICAL SPECIALTY TYPE OF FACE-FREE OWNERSHIP: MYTH OR REALITY?
The material is the resolution of the problem related to the participation of people as the subject of constitutional-legal relations on elections and referendum in modern conditions.
Keywords: constitution of the public individuality of people, democracy, institutions of direct democracy, electronic, referendum.
"Democratic ideal includes freedom, for democracy is nothing without cob inner spontaneity, without inner choice of ideal and without free inner following of yoma."
The science of constitutional law has provisions about the right-handedness of the people to be known as quite tired and traditional. Most of the successors of the spirituality positively vindicate the nutrition of the constitutional legal personality of the people, seeing it as a special subject of law1.
© Velyeva Jamilya Seyfaddinivna, 2014
Doctor of Law, Associate Professor, Head of the Department of Constitutional and International Law (Povolzsky Institute of Management named after P.A. Stolipin); e-mail: [email protected]
Prote, the authors, people, nations, social groups act as subjects not of law, but of politics, being the bearer of that bearer of political power2. Other centuries recognized the people as the subject of prejudicial legal relations3. This position was grounded by the fact that the main social unity of people (such as the people, the nation, the people as a whole) act as the virishal institutions of political life, which reflect the її glybinnі links. With whom the stench does not rule and cannot rule by the authorities of the call of the Kremlin, institutional, formally personified order, as if they were allowed to be subjects of legal vodnosin. Social cohesion appears in the sphere of legal rights not without middle ground, but indirectly - through personification of social awareness (power, electoral district, etc.) and various organizations, incl. parties, professional splits, cooperatives, etc.
The people can and act with collective rights (for example, the right to the world, to a friendly, navkolishne middle ground) and in some way it’s not so about the right-wing, like about the right-wing.
Yak obediently designates V.I. Kruss, for obsyag (smіst) "right use" which is always equivalent to "rightfulness"5. The essence of the constitutional right-winging of the wines is to acquire the rights and freedoms of the skin of a person, by the method of gaining such constitutional blessings, as if she herself respects her own needs”6.
Said zastosovno and to the people as a subject of constitutional law-making: the people as a subject of law can no less initiate the implementation
constitutional renewal (for example, a referendum), and th robit
actively come in to renew the violated right. In this type of life, you can come and be collective: public events (rallies, C
demonstrations.), a referendum, a collective labor force. T
Collective subjects of constitutional rights can be subdivided into
formalization at the legal sensi, tobto. appearing in front of one of the organizational and legal forms, peredbachenih chinnym legislation, and informalization. Before the first, you can add a different kind
public organizations and associations, as if they were gaining their rights -
subjectivity of the way of state registration of speech or other legally significant actions. Non-formalized collective subjects of law
є naturally formed sleepiness of people
officially fixed status. To such a mark, bury the people, the nations, and the few less. As a rule, these collective subjects are affected by
their competence, yakі z nadanih їm rights at the sight of the image- | bath of a formalized subject, which represents their interests. However, no. yak pravovolovsheniy act without intermediary appointment more than informalization of the subject. 22
Vіdpovіdno to the Constitution of the Russian Federation bears sovereignty and a single dzherel-4 nickname of power in the Russian Federation є її rich-tonal people. From the position of the leader of the “right-wing” itself, the vin acts as an effective and unified subject of sovereign power. But why is it so in the aspect of “right-wing”? The power is realized by seemingly low political and legal institutions, like the role of intermediaries, mediators, ideally, they will ensure the “transfer” of power to the people. However, dosvid (the Persian has 47
the traits of our political situation) show that such structures are rarely satisfied with the role of a “critical” chi sovereign manager he has introduced. Yak means Є. Kholmogorov, “the order of the privatization of power in the reformist Russia was established and large-scale privatization of power. Gromadska vlada turned into a tool of management and cast social authority on the resource, the exploitation of some kind of private character”7.
Whom should follow the thought of V.T. Kabishev, which signifies the great significance of the legislative formula - "the people zdіysnyuє their power without intermediary" (part 2 of article 3 of the Constitution of the Russian Federation). “The Constitution of the Russian Federation does not casually name the two institutions of the greatest direct expression of power over the people: a referendum and a free choice. The very way of the institutions of direct democracy is a representative form of otrimu juridical recognition of the people of the state power, tobto. be constituted"8.
Significantly, one more important, in our opinion, aspect of the institutions of uninterrupted democracy: the institutions themselves provide the element not only “right-wing”, but also “right-wing” to the people of the Russian Federation as a special subject. Vtіm, in the scientific literature you can see and recount against such a point of view. For example, E.V. Kolesnikov bring tse tim, scho h. 2 tbsp. 3 of the Constitution of the Russian Federation, it calls the forms of participation of peoples in the current government (referendum and elections), and if they take the fate of the electoral corps, then obviously “there is no trace of social cohesion”9. 3 Exactly, how can we confirm that the choice of legal
¿- bearing the fate of the people of the Russian Federation without intermediary, with urakhuvannyam
Those who are more active in choice have the right to be given to a hulk, tobto. fact-
What can I have an individual character? Come to choose a place
I'm not the people, but specific communities, not the people
I in the urn. How much goiter is the constitutional formula that the very “people
° zdіysnyuє their power without intermediary"? Why choose that referendum is
1 huddle with the great expressions of the rule of the people, and not the will of the hulks of the singing state I?
As having appointed the Constitutional Court to his praise on April 22, I, 2013. No. 8-P, joining in the choice of legal rights, how to help! rotel, a citizen of the Russian Federation, not only realizes his political freedom and induces subjective interests in it, that there are "§ quiet chi and other political troubles, but that it is brought to the foundations of the constitution of the principled harmony of the peoples of the Russian Federation він § take part in the formation of independent and independent bodies of public power, calling for the security of representation in their activity and the realization of the interests of the people, the rights and freedoms of people and citizens in the Russian Federation.
Obviously, the effective purposes of these constitutional norms are influenced by the manifestation and the fixed will of the people as a borderline-bound subject of constitutional and legal rights. In other words, far from being the sukupnіst of the hulkers of the state can claim to express the will of the people. 48 Here, the song “critical masa” is important to us: for example,
an innumerable group of citizens hung out the lytic will, the thought did not sound to the people. The very choice of legislation in practice in all developed countries to avenge the threshold for the appearance of voters, only with the reach of such a choice can be such that they will.
In Russia, the turnout threshold was turned off at the time of the election, tobto. stench vvazhayutsya such as scho vіdbulisya be-yakіy appearance. Analyzing the price of innovation, S.A. Avak'yan means that, from one side, "a huge thought appeared, a wealth of politicians and scientists conferred such a regulation and profanation of the people's representation, shards for a meager number of people, who came to vote the idea of the population, do not imagine"10. From the other side, on the thought of being close to the turnout threshold, no one cares about choosing to come to the polls, the house is special on the right.
In my discussion, brilliantly christened S.A. Avakyan, at a glance, clearly prostzhuetsya vіdminnіst vіdminnіst іn khodakh іn people аѕ a subject οf thе selection іn thе breeze. The pribіchniki of the individualistic conception come from the fact that it is necessary to ensure that the skin can take a part in the management of the state. Another point of dawn, close to the author of this article, is based on the fact that it is with the letter and spirit of the Constitution to choose the will of the people and cannot be reduced to the thoughts of the majority of groups of people. Obviously, only the people can act as a subject of the choice of legal rights, and if the people do not come to the choice, then the stench cannot be taken in by such people.
The next problem is another one - in fact, in Russia, on this day, the people's rulers are in the “stretched” form. Federal Con- s
statutory law dated December 28, 2004 No. 5-FKZ "On the referendum of the Russian Federation"11
the day the very possibility of a referendum is ephemeral. The press-ambulance to the Law enshrined that “we are guaranteed freedom by the state | the will of the citizens of the Russian Federation at the referendum of the Russian Federation, the defender of democratic principles and the norms of law that are
the right of the people to the fate of the referendum”. n
Guessing that legal science guarantees as a way
koshti, which ensure the instillation into life of the right and freedom of specialty, as well as
the protection and defense of the times of their destruction. In other words, guarantees (for our e
in times - constitutional and legal) ensure the actual implementation | constitutional rights and freedoms. D
What is done for the "referendum" institute? membranes for yogo implementation. Blame food: what can parliament like before - No.
putative body, which expresses the interests of the entire Russian people, accepts (
mother law not to reproach the people? Adzhe, as a confirmation of the Constitutional Court of the Russian Federation, the acts of the parliament are responsible for instilling the interests of the greater in the court, and 4 not only the parliamentary greatness itself12.
Vnovochayuchi okovi і Order Conducted by a referendum, federal legislative entrepreneur SUVORO TOTRYMIMATED CONSTRUCTUTRITING FROM THE INSTRUMENTS OF THE REFERENDUM YAK ONNIA MODS OF THE FORM OF NEED A BEAUND A BEAUND ABOUT ABOUT ABOUT NEWS WHITE NALUE MUCH ROSІYSKO ROSIYSI INDIVIYY MEE
nevіdpovіdnі yogo obezhennya. However, under the circumstances, the Court upheld that the federal legislator, when executing the legislative regulation of minds and the procedure for holding a referendum and elections to public authorities, may have sufficient freedom of judgment. What is the freedom of the court to intervene stosuvannya іnstitute of direct democracy on the federal level? The Constitutional Court of the Russian Federation itself states that “freedom of judgment” is surrounded by the peculiarities of the greater forms of the sovereignty of the people, which are recognized as such.
Prote such a "freedom of judgment" that limits the right of the Russian people to participate in the government of the right-wing power, may be constitutional boundaries. Konstitutsіyny Court of neodnorazovo vkazuvav scho obmezhennya right i Svobody dopustimі lishe of metoyu Zahist konstitutsіynih tsіnnostey on osnovі principle yuridichnoї rіvnostі i vitіkayuchih of Demba kriterіїv rozumnostі, proportsіynostі (proportsіynostі) i neobhіdnostі, i do not povinnі spotvoryuvati mainly zmіst konstitutsіynih rights i freedoms i zazіhati on the very essence. Moreover, in further praise, the Constitutional Court of the Russian Federation recognized the bindings of the federal legislator to enforce the constitutional powers under the influence of legal regulation in the sphere of the people's rulers, the law, stating "from the improvement of specific historical and political factors, the authorities of Russia."
It should be noted that the problem lies not in the fact that it is impossible to formalize or legalize the people as a special subject of constitutional and legal rights. Change, as of this day, to be introduced before the election legislation, you see the power of the government in the “non-deprivation” of the people, the need to act like yoga “legal representative”.
1 Report about divas: Aleksev S.S. Zagalna theory of law: 2 vols. T. 2. M., 1982. S. 149; Kutafin O.Y. The subject of constitutional law. M., 2001. S. 317-329; Burtsev A.A. The system of subjects of constitutional and legal statements: author. dis. ... cand. Legal. Sciences. M., 2005. S. 17; Mateikovich M.S., Voronin V.V. Nation, community society, community as a subject of constitutional legal rights// Law and Politics. 2007. No. 10. S. 85-92; Kutafin O.Y. Russian constitutionalism. M., 2008.
2 Div: Osnovin V.S. Radianska sovereign-legal vіdnosiny. M., 1965. Z. 38-39.
3 Div: Gubenko R.G. Radyansk people - the subject of constitutional law // Radyansk power law. 1980. No. 10. S. 114-115.
4 Div: Farber I.Є., Rzhevsky V.A. Nutrition of the theory of radian constitutional law. Vip. 1. Saratov, 1967, p. 60; Kabishev V.T., Mironov O.O. The category "people" in the Radianian constitutional legislation // Law Science. 1969. No. 4. S. 40-41.
5 Kruss V.I. The theory of constitutional law. M., 2007. S. 63.
6 Ibid. S. 21.
7 Kholmogorov Ye. Message from the President of the Russian Federation. URL: http://www.apn.ru (date of entry: 01/15/2014).
8 Kabishev V.T. The constitutional paradigm of Russia between thousands // Journal of Russian Law. 2008. S. 47.
9 Constitutional Law of Russia: assistant / Ed. G.M. Lumpy. M., 2005. S. 21.
10 Avak'yan S.A. Freedom of the public thought and constitutional and legal guarantees of the creation // Constitutional and municipal law. 2013. No. 1. pp. 12-21.
11 Div: Zіbr. legislation Pic. Federation. 2004. No. 27, Art. 2710.
12 Decree of the Constitutional Court of the Russian Federation dated April 12, 1995 No. 2-P “In reference to the confusion of articles 103 (part 3), 105 (parts 2 and 5), 107 (part 3), 108 (part 2), 117 (part 3) and 135 (part 2) of the Constitution of the Russian Federation »// Bulletin of the Constitutional Court of the Russian Federation. 1995. No. 2-3.
