Civic Initiatives: Models of Constitutional Formalization in Post-Soviet Countries


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This article presents the author's analysis of civil initiatives in order to identify terminological features that are applied to them. In the course of the study, it was found that in legal science and practice there are various approaches to the interpretation of such initiatives (civil, popular, public, right-making, law-making, legislative). Such variability, as it seems to the author, fixes, on the one hand, the subjects of such initiation (citizens, people and society), on the other hand, it reflects the content of these initiatives (right-making, law-making and legislative initiatives). It is noted that civil initiatives can be considered as a collective right of citizens (expressed in the enforcement of the right to freedom of speech (part 1 and part 4 of Article 29 of the Constitution of Russia) and the right to appeal to public authorities (Article 33 of the Constitution of Russia)), and in the form of an independent constitutional and legal institution. In the course of considering the indicated problem, the author analyzed the constitutional texts of the countries - the former republics of the Soviet Union - for the purpose of formalizing the institution of civil initiatives in them. It was found that civil initiatives are constituted in most of the studied states. It was noted that some constitutional acts (Kyrgyzstan, Latvia, Ukraine, Estonia) consolidate the implementation of the people's initiative. The author formulated the conclusion that the consolidation of the institution of civil initiatives at the constitutional level, on the one hand, states a positive attitude of the state to the people's power resource in lawmaking, and on the other hand, expands the catalog of collective rights and freedoms of citizens.

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作者简介

Anna Bezuglaya

Belgorod state national research University

Email: minasyan@bsu.edu.ru
Cand.Sci.(Law), Associate Professor of constitutional and international law faculty Belgorod, Russia

参考

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