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Abstract: After the Federal Law “On the General Principles of Organization of Local Self-government in the Russian Federation” was passed in 2003 the territorial boundaries of the municipal units were changed in many constituents of the Russian Federation. At some of municipal units, there were local referenda devoted to these issue. This article by D.O. Ezhevsky includes analysis of experience of holding referenda in Russia and abroad, includes a number of topical examples.

Abstract: In the opinion of the author of this article, the theory and practice of local self-government accumulated the key values of constitutionalism. The local self-government as a specific kind of public power is one of the most efficient means of formation of the civil society and classical constitutionalism in a democratic state.

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Abstract: The author presents analysis of legislation of the CIS states, which regulates forms of local direct democracy. Among the most important ones, the local referendum and municipal elections are noted. The author provides detailed studies of organization and legal forms of direct democracy in Kyrgyzstan, Moldova and Ukraine.

Keywords: jurisprudence, direct, democracy, CIS states, municipal government, elections, referendum, municipal law.

Abstract: This article is an attempt to provide a complex study of calculation and reporting of votes, as an independent stage of election process in Russia. This publication dwells upon both theoretical and normative issues, which establish this stage among other more traditional stages of election process. The study may be of interest to postgraduate students, scientists, legal practitioners, who are worried about the issues of election law.

Keywords: Jurisprudence, calculation, reporting, voices, votes, election, process, stage, Russian Federation, elections, voting

Abstract: The problems of insuring the activity of self-regulating organizations are currently central and becoming even more important within the framework of the administrative reform which is being introduced in the Russian Federation now. Administrative and legal status is of particular importance.

Keywords: administrative reform, legal status, powers, functions of the government, the State Policy, activity, duties, rights, self-regulating organization.

Abstract: Key words: studies of law, guarantees, deputy, status, groundwork, self-government, population, responsibility, regulation, activity.
Review: legal guarantees are viewed as one of the most important elements of legal groundwork for deputies’ activity including inviolability of deputy, legal responsibility for illegal hindering of deputy activity as well as constitutional and legal responsibility of deputies for exercising of their powers. According to the author, improvement of the system of legal guarantees will optimize deputies’ activity and help to realize their legal status better. This is why the most important goal now is to study the problems of guarantees of deputy activity whereas activity performed by legislative (representative) bodies of state power directly depend on how well deputies perform.

DOI: 10.7256/2454-0595.2024.3.70332

EDN: YMGIGW

Abstract: This article is devoted to the analysis of the influence of civil society institutions on fiscal policy in the Russian Federation. The paper examines the structure of civil society in Russia, examines the place and role of its various institutions (primarily the institute of public control) in the system of legal guarantees for the implementation and protection of both the system of constitutional principles and the system of human and civil rights and freedoms, the rights and legitimate interests of public associations, as well as other non–governmental non-profit organizations. The article analyzes the essence and content of the fiscal policy of the state, its place and role in the state policy of the Russian Federation. The paper examines the main factors influencing the formation and development of the fiscal policy of the Russian state. This article uses a number of scientific research methods: formal-logical; historical-legal; comparative-legal; statistical; sociological; method of analyzing specific legal situations. The authors analyzed various approaches to defining the concepts of civil society and fiscal policy of the state, developed and justified the author's definitions of these concepts. The paper substantiates the role of civil society in the system of factors determining the directions of development of the fiscal policy of the Russian Federation. The article analyzes the main directions of the impact of various civil society institutions on the formation and development of the fiscal policy of the Russian Federation. The paper formalizes and explores the main problems that hinder the optimization of the processes of influence of civil society institutions on the processes of formation and development of the fiscal policy of the Russian state. The authors have developed and substantiated a system of measures to resolve these problems aimed both at the development of Russian civil society as a whole and at optimizing fiscal policy in the Russian Federation.

Keywords: tax control, budget control, democracy, public control, Russian Federation, state, fiscal policy, civil society, institution, influence

Abstract: The article views the issues of legal regulation of mass media participation in election process. The author of the article analyzes USA and German acts of international law and constitutional law devoted to regulation of the freedom of the media, election campaign and information distribution during elections. Considerable attention is paid at the questions of distribution of airtime and publishing among participants of the election campaign.

Keywords: elections, campaign, information distribution, mass media, candidate, party, debates, USA, Germany, primaries.

Abstract: The article analyzes the problems of formation of judicial authority. The author of the article raises a question about the necessity of legal reforms as a response to the society needs. The author also touches upon transgression and importance of this phenomenon for legal science.

Keywords: reforms, consent, stereotype, judicial duty of a state institution, legitimacy, changeability, transgression, stability, destruction, conflict.

DOI: 10.7256/2454-0595.2017.5.23261

Abstract: The paper studies the problem of guaranteeing the right of citizens of the Russian Federation, who are not the members of electoral associations, to be elected as deputies of a municipal representative body according to the proportional electoral system. The author formulates the peculiarities and common features of the legislation of Russia, which allow organizing municipal election based on the proportional election system. The paper studies the law-making experience of the Russian Federation and its regions in the sphere of electoral law for the further improvement of legal regulation of municipal election. The author uses the dialectical, logical and specific methods of cognition (formal-legal and comparative-legal). The author studies judicial practice in this sphere and the scholars’ positions, analyzes and generalized legislative provisions of the territories of the Russian Federation, and detects shortcomings, gaps and contradictions of the legislative acts of particular regions of Russia. The author attempts at formulating the proposals about amending the federal legislation with regard to the federal guarantees. 

Keywords: constituent territory of the Russian Federation, municipal formation, municipal election, guarantee, regional legislation, electoral legislation, electoral association, political party, proportional election system, list of candidates

DOI: 10.7256/2454-0595.2019.2.22986

Abstract: The article is devoted to the local self-government in the vertical division of power. It is shown that local governments perform control functions directly on the ground and act as a free element from the legal point of view of the mechanism of power. Organization of local government linked with a number of factors and in most cases is due many structural feasibility of administrative-territorial division of the state. Reasonable and legal division of the administrative-territorial units of the state directly influences the activity of local self-government established in these units. These issues are regulated by special laws, taking into account the scale of institutions, demographic, ethnic, social positions and other things. Differences in the distribution of units of administrative and territorial divisions in the certain states also affects to the local government. According to the legislation of the countries, in the local administrative-territorial unit, along with local governments, the activity of the head of the state administration is also noted. This parallelism is not typical for the Republic of Azerbaijan. But in countries with a more democratic legislative system, the right to express disloyalty to the head of the local state administration of the corresponding territorial unit is expressed by a majority of the deputies of local self-government. This shows that in these countries local government is not part of the system of state power, and here the separation of power is fully provided. Unfortunately, due to the state of war, the tendencies of ethnic separatism and for other reasons, the formation of such legislation in the Republic of Azerbaijan was not possible.

Keywords: domestic legislation, international law, decentralization, administrative-territorial division, local government, separation of power, democracy, international treaties, political power, central authority

DOI: 10.7256/2454-0595.2024.2.70263

EDN: GQNWRB

Abstract: 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.

Keywords: legislation, democratic institutions, people power, democracy, voting, expression of will, forms of direct democracy, direct popular democracy, direct democracy, ad hoc

DOI: 10.7256/2454-0595.2023.5.43436

EDN: HFYZFF

Abstract: The subject of the study is the turnout of citizens to vote and the legal consequences associated with it. The problem lies in the different understanding of democracy, namely, what is meant by the majority of votes when making a political decision. There are three approaches: the decision should be considered adopted if the majority of citizens eligible to vote for it; the decision should be considered adopted if the majority of those who took part in the voting voted for it and at least fifty percent of citizens from the total number of citizens eligible to vote participated in the voting; the decision should be considered adopted if the majority of citizens who took part in the voting voted for and the percentage of citizens who voted out of the total number of citizens eligible to vote does not matter. The main conclusions of the study are: the electoral legislation distinguishes between two approaches to determining the turnout of citizens – the number of citizens who came to vote and the number of citizens who voted; the expression of will during voting can be active and silent (the silent expression of will of citizens, i.e. non-participation in voting, is not always indifferent, but can take into account the assessment of the political situation in the time of a particular vote); to determine the impact of the turnout of citizens on the reliability of determining the will of the people, first of all, it is necessary to distinguish between the actual and predicted turnout of citizens; by itself, the turnout of citizens does not affect the reliability of determining the will of the people (the reliability of determining the will of the people (the reliability of the will to make a political decision), as well as the turnout of citizens (the reliability of the will to participate in voting) is influenced by the conditions of voting, which must be guaranteed.

Keywords: democracy, predicted turnout of citizens, actual turnout of citizens, active expression of the will of citizens, authenticity of the will of the people, silent expression of the will of citizens, the will of the citizen, citizens' turnout threshold, turnout of citizens, majority of votes

DOI: 10.7256/2454-0595.2015.9.16224

Abstract: The article deals with the introduction of responsibility of a voter for acception of an "election bribe". It is noted that the global and Russian practice provides for administrative, criminal and constitutional responsibility for the subornation of voters for candidates and other persons wishing to influence the will of the electorate. However, domestic legislation does not imply adverse consequences for the citizen who had received such an award. Taking into account the world experience, the article studies the feasibility and legal possibility of introduction of constitutional, criminal and administrative responsibility for these acts. The research methodology is based on the traditional legal science principles, techniques and approaches: dialectics, analysis, synthesis, analogy, deduction, etc. The authors conclude that it would be the most appropriate to establish administrative responsibility for such actions. And the responsibility for the voter should be less severe than for those engaged in their subornation. In addition, it is rational to provide for an exemption from the responsibility for the citizens who voluntarily reported the bribery to the competent authority, as well as in cases when bribery was conjugated with coercion, threats, deception.

Keywords: constitutional responsibility, election bribes, vote, election, administrative responsibility, responsibility, criminal responsibility, subornation, voter, fine

DOI: 10.7256/2454-0595.2015.9.66887

Abstract: The article deals with the introduction of responsibility of a voter for acception of an "election bribe". It is noted that the global and Russian practice provides for administrative, criminal and constitutional responsibility for the subornation of voters for candidates and other persons wishing to influence the will of the electorate. However, domestic legislation does not imply adverse consequences for the citizen who had received such an award. Taking into account the world experience, the article studies the feasibility and legal possibility of introduction of constitutional, criminal and administrative responsibility for these acts. The research methodology is based on the traditional legal science principles, techniques and approaches: dialectics, analysis, synthesis, analogy, deduction, etc. The authors conclude that it would be the most appropriate to establish administrative responsibility for such actions. And the responsibility for the voter should be less severe than for those engaged in their subornation. In addition, it is rational to provide for an exemption from the responsibility for the citizens who voluntarily reported the bribery to the competent authority, as well as in cases when bribery was conjugated with coercion, threats, deception.

Keywords: constitutional responsibility, election bribes, vote, election, administrative responsibility, responsibility, criminal responsibility, subornation, voter, fine