Direct Democratic Institutions Research Articles

Становление и развитие институтов прямой демократии в США: историко-правовой аспект

Direct democracy appeared in the United States back in the colonial period. However, when the country became sovereign in the late XVIII century, the founding fathers gave preference to representative democracy in order to prevent the mob rule. This research traces the history of various institutions of direct democracy in the United States. The late XIX – early XX centuries saw an era of progressivism in the United States: civil society struggled against negative social, political, and legal phenomena. Implementation of referendums, general direct elections, recalls of officials, etc., into the legal system seemed a perfect solution. In the early XX century, these institutions were enshrined in the legislation of some Western states and proved rather effective. The so-called second wave of direct democracy occurred after 1950s, and institutions of direct democracy became even more widespread. This process reached its peak in the late XX – early XXI centuries. As a result, they predominate in the current US legislation. The USA are currently going through a further rise in direct democracy, which is even more implemented into the legal system. The American experience of direct democracy is of considerable interest to Russia as it may help to improve the domestic state mechanisms of making socially important decisions.

Direct democracy “ad hoc”: on the question of extraordinary forms of direct people’s rule

The possibility of classifying the institutions of direct democracy as “ad hoc” legislation, that is, institutions that are extraordinary forms of direct expression of the will of the people, is being considered. The criteria for distinguishing such forms of direct democracy from forms that are of an ordinary nature, that is, designed for repeated use, are determined. The question of the advantages of forms of direct expression of the will of the people, classified as “ad hoc” legislation, over ordinary forms is explored. The article also raises the question of the risks that can be realized when using special institutions of direct democracy to solve specific problems. The relevance and novelty of the study are due to the small number of scientific works devoted to this topic - on the one hand, and the growing practical interest in the application of institutions of constitutional law related to “ad hoc” legislation in the implementation of direct democracy - on the other. At the moment, there are studies on the topics considered, carried out within the framework of the scientific subject of the theory of state and law, as discussed in the article. At the same time, there are simply no substantive constitutional and legal studies. For a long time, the answer to the question of the effectiveness of such institutions remains unclear. Conclusions: the only objective criterion that allows one to classify a particular institution or norm as an “ad hoc” norm is an indication of its one-time application of a rule of law; It seems incorrect to attribute a particular norm/institution to “ad hoc” legislation only because the law was adopted “for a specific task”; extraordinary forms of direct democracy are the most effective for conducting various kinds of electoral events, that is, voting.

Does direct democracy increase civic virtues? A systematic literature review

Due to widespread citizen disenchantment with representative democracy, the introduction of direct-democratic institutions is often promoted as a promising remedy to overcome the current democratic crisis. Theorists of participatory democracy have argued that direct democracy can foster civic virtues, given that the opportunity to participate in referendums and initiatives is generally expected to empower and enlighten citizens. By conducting a systematic literature review, this article aims to provide an overview of scholarship on how direct democracy delivers on its promise to increase individual civic virtues. To that end, it focuses on the effects of direct democracy on those four areas to which scholars have devoted much attention so far: (1) electoral turnout, (2) external and internal efficacy, (3) political knowledge, and (4) subjective wellbeing and satisfaction with democracy. Based on 67 selected studies, it turns out that there is only little positive overall effect of direct democracy on civic virtues, with a great deal of variation. The empirical analysis establishes a negative time trend, indicating that researchers have increasingly reported negative findings over the years. This main result calls into question the expectations advanced by the theorists of participatory democracy and gives some credit to more skeptical views. This review concludes by providing scholars with new avenues for research.

Implementation of the principle of people’s ownership: nutritional theory and legal status

It appears that the Constitution of Ukraine has voted for the sovereignty and united power of the people, which it implements directly through the bodies of state power and local self-government. The main manifestation of the power of the people is the referendum and free elections. The forms of centralized people’s rule, which are enshrined in Section 3 of the Constitution, play an initial role for the current political constitutionalism, which directly contributes to the development of a huge partnership between the powers that we hope is possible It is possible to provide the free-willed population with the widest range of nutrition. State power and local self-government function effectively due to the presence of developed institutions of direct democracy. Today’s practice of establishing the hidden forms of middle-free democracy significantly outpaces the theoretical developments in this area. The nutrition itself is voluminous, and at the same time there are a great number of gaps and gaps in the possibility of constitutional consolidation of new forms of unmediated democracy, especially in justice.
 It appears that direct democracy in the state-legal system means ensuring the control and accountability of representative bodies before their voters, interspersed with Swaville. In other words, direct democracy is a specific mechanism, an institution in the middle of a democratic regime, which is equally important to the functioning of representative democracy. It appears that in legal literature there are different meanings of the concept of “form (institution) of middle-of-the-road democracy.” From the legal scientific literature it is clear that the forms of direct democracy mean “the ways and means of direct control over the people or any part of them, which includes the transfer of ownership to any bodies or individuals.”
 On the basis of the analysis of scientific issues, the authors share the firm belief (L. Shipilov) in favor of direct democracy, that access to the stated ideal implies the convergence of “pure” non-median forms of economic power from the professional sphere the integrity of the state authorities. Only through the steady mutual interaction of the representative form in all types of people, permanent legitimation of delegated power, bilateral communication Together with the people and their representatives, mass political participation will be ensured. In this case, the ideological basis of people’s rule is popular sovereignty, the supremacy of power over the people, which actually works in the interests of the people. The idea of popular sovereignty played an extremely important role in the development of marriage, in the formation of democratic ambushes in the political life of various countries (A. Kolodiy).

Law-Making Initiative of Citizens in the Subjects of the Russian Federation: Problems and Prospects

One of the forms of citizens' participation in solving issues of national importance in the subjects of the Russian Federation is the law-making initiative of citizens. The concept of "citizens' law-making initiative" is understood as the right for citizens of the Russian Federation who have an active electoral right in accordance with the legislation of the Russian Federation to submit draft normative legal acts to public authorities. According to the legislative (representative) body of state power of a constituent entity of the Russian Federation, in order to implement a law-making initiative by citizens of the Russian Federation, it is possible to submit a draft Charter of a constituent entity of the Russian Federation and a draft law of a constituent entity of the Russian Federation. This article is considered to identify and characterize the factors that influence the actual implementation of the legislative right of the law-making initiative of citizens. The author confirms the importance of self-governing rights of citizens for the development of a democratic state and establishes the need to increase the effectiveness of the implementation of the law-making initiative of citizens in the regions of Russia, including those by improving the existing legal regulation. As a result of the comparative legal analysis, the author comes to the conclusion that the lack of law enforcement practice at the moment indicates the formal nature of this institution of direct democracy, and the identified problems of implementing law-making initiatives in the subjects of the Russian Federation are due not only to the insufficiency of legal regulation, but also social and economic mechanisms. The author has prepared and formulated recommendations on changing the current legislation, which will contribute to the popularization and introduction of the considered form of direct democracy into public power, taking into account current public interests and modern technical capabilities.

Peculiarities of legal consolidation of constitutional and legal responsibility in France

The article examines the peculiarities of the formation, development and legal consolidation of the institution of constitutional and legal responsibility in France. We are talking about both positive (prospective) and negative (retrospective) responsibility of the state-legal institutions of France.In the opinion of the author, the positive constitutional and legal responsibility of the President of France is reduced to the broad scope of his powers as the head of state and as the main coordinator of the executive power, namely: 1) personnel formation of the executive power; 2) in cooperation with the parliament; 3) in the sphere of functioning of institutions of direct democracy; 4) in the field of international relations – accredits ambassadors and extraordinary envoys in foreign countries; 5) in the field of defence and emergency situations. Particular attention is paid to the positive constitutional and legal responsibility of the French government (Council of Ministers), which, in our opinion, is narrower than the responsibility of the President of France. The government determines and implements the nation’s policy, disposes of the administration and the armed forces. Within the framework of the responsibility of the French government, the positive constitutional and legal responsibility of the Prime Minister is defined.The author also defined the limits of positive constitutional and legal responsibility of the parliament in the form of legislative powers and legislative activity. It boils down to the following areas: 1) positive constitutional and legal responsibility for legislative powers of a private law nature; 2) positive constitutional-legal responsibility for legislative powers of a public-law nature; 3) positive constitutional and legal responsibility for legislative powers in the field of finance; 4) positive constitutional and legal responsibility for extraordinary powers.Negative constitutional and legal responsibility is also analyzed. According to Art. 8 of the Constitution of France, the President terminates the functions of the Prime Minister and decides on the resignation of the government. At the proposal of the Prime Minister, the President of France appoints other members of the government and terminates the performance of their functions. In Art. 20 of the French Constitution also provides that the government is responsible to the Parliament in accordance with the specified conditions and procedures.

Instead of the Electoral Code of the Russian Federation

The subject of the study is the legal norms regulating public relations regarding the functioning of institutions of direct democracy in the Russian Federation, as well as drafts of the electoral Code of the Russian Federation and the opinions of scientists on the need to develop and adopt a federal electoral code, as well as the definition of the codification of law as such. The author comes to the conclusion that the previously proposed draft codes are not inherently codification products, since they basically reproduce the norms of existing legislation instead of radically changing it. At the same time, similar problems exist not only with regard to the right to vote, but also in the legal regulation of other institutions of direct democracy.As a result of the conducted research, the author comes to the conclusion that in order to realize the democratic nature of the Russian state, increase the efficiency of the functioning of direct democracy institutions, reduce their dependence on the discretion of public authorities, increase the guarantees of citizens for access to them, it is possible and necessary to develop, widely discuss and adopt the Code of Democracy of the Russian Federation. In the work, the author sets out the original concept of the code, in particular, justifies its name, the form of the federal constitutional law, and also describes the proposed structure of the code, which should include general provisions, sections on subjects of direct democracy, on the functioning of individual democratic institutions, as well as a section on the infrastructure of democracy.

On the role of Constitutional law in the context of new challenges and conceptual solutions for Russia's political future

The article analyzes the tasks of reforming the Constitution of the Russian Federation, which, according to the author, can be solved only with the adoption of the new Basic Law of the country. In this case, the following prerequisites should become key: economic reforms; certainty in terms of ideological foundations; improvement of the public authority system; improvement of the system of public authority; securing the fundamental rights and freedoms of citizens, the foundations of civil society and the institutions of direct democracy; reflecting the tasks of the country’s territorial organization; regulation of the law enforcement system. The new text of the Constitution should take into account most of the novelties of the 2020 constitutional reform. But since, according to the existing procedure, it is impossible to amend chapters 1, 2, 9 of the Basic Law and many innovations are reflected in other chapters, therefore, when creating a new text, itis necessary to clearly follow the logic of constitutional regulation.

Lokalna demokratija i oblici direktnog učešća građana u vlasti - primer Srbija

The subject of this paper is the institutions of direct democracy at the local level in Serbia, with the aim of analyzing valid solutions (de lege lata) and improving the legal framework (de lege ferenda). The author starts from the thesis that local democracy is an ambiguous and imprecise term. In a broader sense, it represents the right of citizens to participate in government at the local level. In a narrower sense, this term is used as a synonym for local self-government (decentralization) and direct participation of citizens in government. On the other hand, tradition, socio-economic assumptions, legal (normative) framework and political environment are factors that influence local democracy. Apart from the election of local government representatives (representative local democracy), the basic institutional channels of local democracy are forms of direct citizen participation of citizens in decision-making, such as referendum and people's initiative. The application of institutions of direct democracy can be one of the indicators of the level of development of local self-government and local democracy. In the Republic of Serbia, institutional mechanisms for direct citizen participation in local self-government have been created, such as referendums, citizens' initiatives, and assembly of citizens (zbor). In addition, citizens have the right to petition and publicly criticize the authorities, the right to be heard on the authorities' intentions and the right to be informed about and monitor the work of the authorities. The local referendum is enshrined in the Constitution and other institutions are regulated by legal provisions. The quality of these regulations improved after the adoption of the new Law on Referendums and People's Initiative (2021). However, in local self-government units, the scope of these institutions of direct democracy is very limited low. The practice of direct local democracy is very poor, although there is a long tradition of struggle for local self-government in the 19th century. Such a situation is a consequence of the party state that multiplies the centralized way of decision-making, which is manifested in limited participation of citizens in political processes, increasing distrust in political institutions and ineffective control of the authorities in local self-government units. The crisis of democracy also manifests itself in the fact that citizens are less and less interested in public policy. Based on empirical data, comparative experiences and legal standards, the author believes that the solution lies in reviving the application of direct democracy at the local level.

Communism, Poetry: Communicating Vessels (Some Insubordinate Essays, 1999–2018)

Communism, Poetry: Communicating Vessels (Some Insubordinate Essays, 1999–2018)

The Role and Place of the Opposition in the Political System of Switzerland

The article considers the role and the way of functioning of the opposition in the political system of the Swiss Confederation.It is shown that the absence of an opposition in the political life of the country in the traditional sense is explained by the agreement or concordance between the main political forces, drawn up officially in the form of the so-called “magic formula”. A federal government functioning according to this principle in combination with a well-developed mechanism of direct, or more precisely, semi-direct referendum democracy: on the one hand, it allows the effective implementation of the constitutional right of citizens to participate in the political life of the country, and on the other hand, it allows to avoid permanent parliamentary and governmental crises. Particular attention is paid to the Swiss People’s Party, a powerful political force that has consistently achieved high results in parliamentary elections over the past ten years and has every right to consider itself as opposition party. In this connection, the author raises the question of the possibility of using the political system existing today in Switzerland, and, even more so, the way the opposition functions, as a model for other countries? The publication reveals in detail how the institution of direct democracy works in practice. It is emphasized that the people’s initiative and the referendum give the citizen the opportunity to constantly influence the constitutional process in the state and bring projects developed by the government to the people’s court. Frequent appeals to voters in this way forces society to constantly worry about topical political issues. At the same time, large authoritative parties use this right less often than small social organizations or extra-parliamentary opposition groups. In addition, the Swiss manage in this way to constantly keep the political course of the government under control, and the Federal Council, according to the country’s constitution, must constantly consult with the people, who express their opinion on political proposals by dropping ballots into the voting baskets. At the same time, it is emphasized that the main challenge to Swiss federalism lies not in the multiculturalism of the nation, which did not develop as a result of the immigration of citizens, as, for example, in the USA, Canada or Australia, but on the contrary, has its roots in the age-old history of the communities that originally lived in Switzerland. Switzerland’s relations with the European Union during the last twenty years are briefly described. Characterizing Ukrainian-Swiss relations, the author emphasizes the importance that Switzerland has for our country, particularly in the context of Russia’s war against Ukraine. The advantages and disadvantages of direct referendum democracy are analyzed. Certain conclusions are drawn regarding the possibility of using Swiss experience in the political life of other countries.

Theory and practice of participation of the population of the Russian Federation in urban planning activities (on the example of Leningrad Region)

The participation of citizens in the implementation of urban planning activities is a form of public influence on the content of decisions taken by local self-government bodies. However, the attitude of scientists and the population of the Russian Federation to the institution of public hearings, as one of the forms of participation of citizens in the implementation of local self-government, is not unambiguous. The absence of binding decisions of the public for public authorities on issues of land use regulation may lead to a decrease in the activity of the population in these issues and cause spontaneous protest of citizens. In its current form, the institution of public hearings has little influence on the content of decisions taken by local self-government bodies in the field of urban development, and is a formal, but actually sluggish institution of direct democracy.

К вопросу о формах и тенденциях правового регулирования прямой демократии в контексте общероссийского голосования

The article is devoted to the consideration of the institutions of direct democracy in Russian legislation. Particular attention is paid to the institute of all-Russian voting. An assessment of the role of the all-Russian vote in the context of the norms governing the forms of direct democracy is given. The prospects of the institute of all-Russian voting are analyzed from the point of view of integration into legislation. The legislation of the Russian Federation, dedicated to direct democracy, is characterized by stability in terms of the existing forms and the mechanism for the exercise by the people of their sovereign power, at the same time they are detailed, the emergence of new institutions. A new mechanism of legal regulation has been created for the all-Russian vote held in 2020 on amendments to the Constitution. The article notes the ambiguity of the legal assessment of the all-Russian vote, draws conclusions about the tendencies of regulation and forms of direct democracy in Russia.

Lessons From Rojava for the Paradigm of Social Ecology

This essay addresses two related questions raised by the editors of the research topic for “Beyond the Frontiers of Political Science: Is Good Governance Possible in Cataclysmic Times?” In particular, it explores: 1) how we can identify new tools and perspectives from which to address the multiple and mutually reinforcing problems accumulating around climate change; and 2) what institutional alternatives to the nation-state need to be created and empowered to tackle such complex problems. It does so through an in-depth treatment of the paradigm of “social ecology” and the associated political project of “democratic confederalism.” It begins with an overview of the argument, first advanced by Murray Bookchin and subsequently adopted and adapted by the imprisoned Kurdish leader Abdullah Öcalan, that building an ecological society requires an assault on hierarchy in all its forms, and the construction of alternative, direct-democratic institutions capable of transcending the system of the capitalist nation-state. It sketches the institutional architecture of popular assemblies central to this project, both emphasizing their potential to contest capitalist social-property relations and hierarchies intrinsic to the nation-state and pointing out some sources of resilience of the existing system. It hones in on the experience of the revolutionary forces in control of the Autonomous Administration of North East Syria (AANES), who have been directly inspired by Öcalan’s ideas. It highlights both the AANES’s achievements as well as the significant obstacles it has encountered in the attempt to bring into being a radically-egalitarian, ecological society. It concludes by drawing lessons from these difficulties.

Direct Democracy During Martial Law: Ways to Realize the People’s Right to Power

The article is devoted to the analysis of the problem of realization of democracy in the conditions of martial law. It has been established that direct democracy is an important element in the implementation of the principle of people's sovereignty. This principle is not limited. Protection of people's sovereignty is an important component of the state's defense function. It was established that the restriction of human and civil rights, as well as the redistribution of powers between public authorities and local governments, aimed at ensuring defense capability and bringing victory closer. Not all current issues that need to involve citizens are related to solving such problems. Therefore, the author concludes that the limited use of direct democracy during martial law is quite appropriate. The author substantiates the need for a moderate approach to restricting the right of citizens to directly exercise power. The search for possible forms and manifestations of direct democracy, which could ensure the implementation of the real will of citizens, regardless of the martial law. The author considers the institution of direct electronic democracy to be the most successful for this. Its implementation is possible at least at the local level in the regions, where it is possible to ensure the verification of citizens and further rule-making process by the representative authorities. It is proposed to start comprehensive work on studying the possibility of creating blockchain platforms for direct e-democracy.

«Чуждый ленинизму шаблон сковывает силы партии»: ветеран правящей партии С. С. Старостин о проблемах СССР середины 1980-х гг. в письме к М. С. Горбачеву

The article studies public discussions concerning development of the USSR by 1985. The relevance of the topic is due to the need to study various points of view existing in the Soviet society at the dawn of Perestroika. The basis of the study is classical methods of source analysis: narrative and historical-genetic. The scientific significance is due to the fact that the analytical note by S.S. Starostin on the problems of late Soviet society is being introduced into scientific use for the first time. The study fills the gap in scientific knowledge on public discussions in the USSR by mid-1980s, when the policy of Perestroika prompted both reformers and relative “conservatives” to discuss a new path of the country’s development. Of particular interest are Starostin’s ideas, which the authorities tried to implement at the final stage of Perestroika. The basis for the study is archival document found in the fond of the former chairman of the Soviet Council of Ministers N. I. Ryzhkov (fond 653 of the Russian State Archive of Socio-Political History). In April 1985, Starostin’s note was sent to M. S. Gorbachev, who had recently assumed the post of General Secretary of the Central Committee of the CPSU. The article is to study the nostalgic view on the development of the USSR on the eve of Perestroika. It attempts to reconstruct the value system of the author of the letter. The study is based on traditional methodology of classical source studies. The analyzed document is a monument of social thought reflecting disappointment with the Brezhnev era and hopes for a new Soviet leader. It has been established that, according to his ideological views, Starostin can be called a supporter of the mobilization model of economy built on moral and political incentives. He favoured a retrospective presentation of problems in comparison with the Stalin period. The main problem of the USSR indicated in his text is political mistakes of the authorities after J. V. Stalin. Starostin harshly criticized A. N. Kosygin and departmentalism. He analyzed personnel policy and symptoms of the crisis of the Soviet society and political system of the USSR and stated moral degeneration of the Soviet elite and ordinary citizens. In his opinion, the era of Khrushchev and Brezhnev was characterized by a growth of social deviations (deceit, corruption, falsification of figures, theft, absenteeism) and bureaucracy. Starostin insisted on the need to develop institutions of direct democracy, referendums.

Parliament–government–citizens. The place of the institution of direct democracy in the discussion on the shape of San Marino-European Union relations in the context of the referendum of 2013

The subject of the article is the issue of using the institutions of direct democracy in the process of shaping the directions of a very specific element of foreign policy – relations with the European Union, of which San Marino is not a member. While most of the referenda related to the European Union concern the accession of countries to this organization, the vote in 2013 was of a slightly different nature. Therefore, the author attempts to indicate how the use of the instruments of direct democracy by citizens, in a way in opposition to the institution of indirect democracy (parliament and its dependent government), can contribute to the decision-makers making political decisions desired by citizens, even in seemingly rather unusual (apart from the aforementioned accession referenda) for direct democracy, spheres as the directions of foreign policy.

Legitimacy and legitimation of the Russian public authority

The subject. The article is devoted to the legal analysis of the legitimacy of the activities of public authorities and the process of their legitimation in the Russian Federation, as well as other problems of national democracy. The legal understanding of the concept of "people" as the only source of power and the bearer of sovereignty is considered, a distinction is made between these properties.The purpose of the article is to identify its essential features the category of legitimacy, identify problems related to the reflection of the political will of Russian citizens in the organization and activities of state authorities and local self-government. The purpose of the article is to substantiate also the differences in the characteristics of the people as the only source of power and the bearer of sovereignty, which has a significant impact on the processes of legitimation of public authorities in the Russian Federation.The research methodology consists of general scientific methods (analysis, synthesis, dialectics) and legal methods (formal-logical, comparative-legal, historical-legal, forecasting method).The main results and their area of application. The author considers legitimacy not only as the consent of the people with the normative legal acts adopted by public authorities, but also as universal approval and recognition of their organizational activities, expressed by citizens through the institutions of direct democracy. The legitimacy of public authority is an attribute of a constitutional state with a social orientation. The article notes a few features characteristic of the domestic process of legitimizing public authority. The procedure for the formation of the Federation Council of the Federal Assembly, in which Russian citizens do not participate directly, starting from 1995 to the present. The cancellation and return of direct elections of heads of constituent entities of the Russian Federation, the impossibility of electing the heads of municipalities directly by the population (in many cases). A complicated procedure for the implementation of active and passive electoral rights in the Russian Federation, expressed in the establishment of several formal require ments. Constant changes in electoral legislation before election campaigns are among these characteristics.Conclusions. The results of research are summarized and conclusions are drawn about the current state of legitimacy in the Russian Federation. A few measures are proposed to improve the process of legitimizing public authority. The author proposes to distinguish between the legal characteristics of the people as the bearer of sovereignty, understanding by it all Russian citizens and as the only source of power, which is formed by the voters.

Конституционная проблематика общероссийского голосования

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.

Справедливость как критерий баланса публичных и частных интересов

The article deals with the problems of combining public and private interests. It is proved that interests are conditioned by the needs of the individual, and their relationship is shown. It is stated that the satisfaction of social and economic needs and interests is possible only through the use of the constitutional rights and freedoms of the individual in the sphere of democracy, through the institutions of direct and representative democracy, and local self-government. The constitutional bases of public interests are defined. The reasons for the divergence of public and private interests are formulated. The constitutional principle of justice is defined as a criterion for balancing public and private interests.