Конституционная проблематика общероссийского голосования

Abstract

Introduction: the compositional transformation of the domestic legal space requires the creation of clear forms for new constitutional and legal phenomena. The comparison of the all-Russian vote with the existing institutions of direct democracy contributes to its isolation into an independent institution of democracy, in this connection, the author sets the goal of a comparative study of the legal nature of the all-Russian vote as a novel of 2020. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the comparative legal and formal legal methods. Results: the author’s position grounded in the work is based on the legislation, judicial and law enforcement practice, scientific works in the field of institutions of democracy. On the basis of the conducted analysis, the distinctive parameters of the all-Russian voting, its special legal nature are revealed, and the question of the further legal fate of the new type of voting is raised. Conclusions: as a result of the conducted research, the all-Russian voting is separated from the institutions of direct democracy. The criteria of such separation include: the legal nature; the source of the legal regulation; the essence of a ballot question; the initiator; the procedure; the recognition of the vote as valid. Based on the specified criteria, the all-Russian vote is defined as an independent institution of democracy. It is established that its further existence depends on the constitutionally verified legislative support and the scope of the constitutional reform.