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2024
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ANTINOMIES
Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)

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Law

New Institutes of Civil Participation in Russia as National Variant of Delegative Democracy

Filippova Natalya

The article investigates preconditions of formation and features of legislative regulation of the system of institutes of civil participation in implementation of powers of the bodies of public (state) power in Russia. From 2003 until 2013, the list of such institutes significantly expanded at the expense of legalization of advisory referenda, advisory public councils, public examinations of regulations, public initiatives and other institutes. In modern constitutional law science, they are considered as different from institutes of direct democracy. Unlike the standard point of view, evolution of institutes of civil participation is analyzed in a context of the competition of two traditions of the organization of public (state) power: republican and democratic. It is proved that domination of democratic tradition of understanding of law, developed in Russia at the turn of XIX–XX centuries, still remains, and has noticeable deforming impact on the contents and practice of application of norms of the Russian constitutional law. Therefore, the institutes of civil participation, which was developed in Russia at the turn of 2010–2020th, characterize the Russian state not as the republic, but as new version of delegative democracy. They are formed as alternative to representative bodies of power, and provide legitimization of regulations as well as decisions and actions of executive authorities, which independent of these bodies.

Keywords: participation of citizens in implementation of public (state) power, republic, delegative democracy, advisory public council, public examination, public initiative.

 

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Contemporary Implementation Models of Constitution and Principles of Direct Action of Constitution

Antonenko Valeriia

The paper offers doctrinal analysis of the effectiveness of implementation models of the constitution, taking into account the existing constitutional theory and practice. The author defines the concept of the «implementation model of the constitution», marks out the criteria for definition of the models and suggests five implementation models of the constitution: model of formal implementation, model of mediated implementation, model of limited implementation, model of direct implementation, model of living implementation. The author formulates advantages and peculiarities of each model and considers those models and their continuous development as part of constitutional process. In addition, the article analyzes factors, which define the choice of particular model in concrete legal relationship and the reasons for the normative fixing of the model of direct implementation of constitution. The author concludes that direct action of the constitution as integral principle of the implementation of constitution resulted from its substantial qualities has attributive value.

Keywords: constitution, implementation of constitution, implementation model, direct action, constitutionalism.

 

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