The Current State of Direct Democracy Institutions in Russia: The Concept, Classification, and Development Prospects

Кожевников, О. А.; Ostapovich, Igor Yu.; Nechkin, Andrey

doi:10.17223/15617793/456/27

Tomsk State University Journal

2020

DOI: 10.17223/15617793/456/27

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The Current State of Direct Democracy Institutions in Russia: The Concept, Classification, and Development Prospects

О. А. Кожевников¹,

Igor Yu. Ostapovich²,

Andrey Nechkin³

Abstract: Раскрывается проблематика прямой демократии в России. Отмечается, что к институтам прямой демократии следует относить как общепризнанные референдум, выборы, голосование по отзыву выборного должностного лица или органа, сход граждан, так и институты соучастия. В результате анализа авторами сделаны выводы о достоинствах и недостатках фактических институтов прямой демократии в России, в том числе осуществление прямого народовластия с помощью электронных, технических средств, виртуального пространства. Ключевые сл… Show more

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Theoretical and Legal Foundations of the Fight against Mass Consciousness Manipulation in the Internet on the Example of the Russian Federation

Nechkin

Istomin

2021

Aktualʹnye problemy rossijskogo prava

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The paper examines in detail measures relatively recently legalized in the Russian Federation and aimed at combating manipulation of the mass consciousness via the Internet. Particular attention has been paid to the creation of the Russian segment of the Internet, prohibition of the use of obscene language on the Internet, prohibition of dissemination of information containing the cult of violence or cruelty, prohibition of calls to attend unauthorized public events, requirement of licensing of educational activities, creation of a wide educational system in the country and, of course, introduction of categories of public associations and individuals performing the functions of foreign agents. Based on the results of the study, the authors come to the conclusion that the entire set of counter-manipulative measures currently being implemented in the Russian Federation in their strategic perspective can lead to significant benefits. However, these measures imply a significant increase in government intervention in the information sphere of society, which creates a real opportunity for the formation of the institution of censorship that, in turn, always creates a breeding ground for various kinds of power abuse in relation to the society and individuals. To minimize the likelihood of such a negative scenario, the authors propose to focus not on the widespread use of institutions of the State, but on attracting and developing civil society institutions, which, in turn, will ensure a balance of interests between the citizens and the State, and will facilitate the formation of a developed civil society in the Russian Federation.

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Theoretical and Legal Foundations of the Fight against Mass Consciousness Manipulation in the Internet on the Example of the Russian Federation

Nechkin

Istomin

2021

Aktualʹnye problemy rossijskogo prava

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Evolution of the Concept of an “Official” in the Domestic Law: Problems and Prospects

Morozov

Losev

CHUKREEV

2022

TSU Herald. Soc Econ Law Res

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Defining the concept and features of a “public official” and of a “person performing managerial functions in a commercial or other organization” in the Criminal Code of the Russian Federation, first of all, is important to distinguishing those offenders who will be held criminally responsible in accordance with the provisions of Chapter 23 or Chapter 30 of the Criminal Code. It is obvious that by expanding or limiting the features of a public official or a person performing managerial functions in a commercial or other organization, it is possible to influence criminal statistics. There is an extensive literature on this topic, but this paper is devoted to the issue of correlation between the scope of the two concepts under consideration, which has repeatedly changed in the history of the post-Soviet development of criminal legislation of Russia. The purpose of this work is to compare the concepts of a “public official” and of a “person performing managerial functions in a commercial or other organization” in the domestic criminal law; to reveal the way how the content of the concept of an “official” evolved in the Criminal Code of the Russian Federation; to formulate proposals for the most optimal legal regulation of criminal liability for nonperformance or improper performance of duties by persons governing commercial organizations. The object of the study is public relations arising during the criminal-legal regulation of responsibility for improper performance or non-performance of duties by officials. The subject of the research is current Russian as well as null and void Soviet criminal legislation regulating responsibility of an official or a person performing managerial functions. While writing this paper the authors used historical and formal-legal methods, through which the evolution of the concept of an “official” in the Soviet and post-Soviet period was investigated. Based on the results of the research, the authors propose changes to the existing criminal legislation, the essence of which is the clear distinction of features of an official and a person performing managerial functions in commercial organizations.

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Territorial self-government in Russia as a national model of public participation in the exercise of public authority

Gordeeva

2023

TSU Herald. Soc Econ Law Res

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Territorial self-government (TSG) is one of those institutions of Russian law that emerged in the process of transformation of socialist state law into contemporary constitutional and municipal law. However, it was not accepted by the national laws of a significant part of the former USSR states-republics, which used other forms of institutionalization of local communities. The legal nature of TSG is still a subject of controversy in Russian legal science. This article proposes a new approach to the description of legally significant properties of TSG in Russia through their comparison with similar or related institutions of other national legal systems: territorial self-government, public councils in municipalities, other national models of TSG (Republic of Belarus). This helped to distinguish between generic and specific characteristics of TSG and to draw a reasonable conclusion about the national (specific) features of TSG in Russia. The author pays special attention to differentiating the properties of public and citizens’ power, forms of direct democracy and forms of public participation. The author suggests possible ways of TSG development in Russia and the corresponding directions for improving legislation that correlate with the legal nature of TSG and its features, in particular, determining the procedure for TSG participation in the development and implementation of municipal strategic planning documents.

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The Current State of Direct Democracy Institutions in Russia: The Concept, Classification, and Development Prospects

Cited by 3 publications

References 0 publications

Theoretical and Legal Foundations of the Fight against Mass Consciousness Manipulation in the Internet on the Example of the Russian Federation

Theoretical and Legal Foundations of the Fight against Mass Consciousness Manipulation in the Internet on the Example of the Russian Federation

Evolution of the Concept of an “Official” in the Domestic Law: Problems and Prospects

Territorial self-government in Russia as a national model of public participation in the exercise of public authority

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