The Referendum as the Most Important Mechanism for the Realization of Democracy in a State Governed by the Rule of Law
( Pp. 76-80)

More about authors
Evgeniya A. Zhigalova Staff scientist of research and publishing department, e -mail:
East Siberian Institute of the Ministry of Internal Affairs of Russia
Irkutsk, Russian Federation Yuri V. Shelegov Cand. Sci. (Law), Deputy Head of the Department of State and Legal Disciplines
East Siberian Institute of the Ministry of Internal Affairs of Russia
Irkutsk, Russian Federation
Abstract:
The holding of referendums has recently become a general practice of securing the most important decisions of state importance. However this form of expression of the will of the population is not always obligatory and can be aimed at satisfying precisely its interests. Purpose: to study the essence of the referendum, as a source of making the most important decisions, as well as criticism of its main mechanisms, taking into account the analysis of the functioning of those elements of the modern management system, the activities of which may be affected by the conduct of the general vote in question. Methodological basis: philosophical analysis of the categories "essence" and "phenomenon" taking into account the application of the foundations of dialectics and critical analysis. Results: the author declares the uniqueness of the essence of the referendum in comparison with other forms of free expression of the will of citizens, and also provides grounds that indicate the imperfection of existing approaches to its use in practice. Conclusions: a referendum is a special form of making the most important state decisions, but its use largely depends on the activity of the population itself and its interest in expanding the democratic foundations of building society.
How to Cite:
Evgeniya A.Z., Yuri V.S., (2021), THE REFERENDUM AS THE MOST IMPORTANT MECHANISM FOR THE REALIZATION OF DEMOCRACY IN A STATE GOVERNED BY THE RULE OF LAW. Gaps in Russian Legislation, 6 => 76-80.
Reference list:
The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments approved during the nationwide vote on 01.07.2020) // The official text of the Constitution of the Russian Federation as amended on 03.14.2020 is published on the Official Internet portal of legal information http: // www .pravo.gov.ru, 04.07.2020.
Agakishiev E.G. Constitutional and legal support of local referendum in Germany, Switzerland and Russia: dissertation ... candidate of legal sciences. Specialty 12.00.02 - constitutional law; constitutional litigation; municipal law // Moscow. 2021.162 s.
Khabarova V.V. Review of the experience of holding local referendums in the modern history of Russia / V. V. Khabarova // Student Bulletin. 2021. No. 4-2 (149). - S. 52-56;
Ermolaev NS On the development of legislation regulating the preparation and conduct of a referendum in the Soviet and modern period / NS Ermolaev // Scientific and practical research. 2021. No. 2-2 (37). - S. 12-15, etc.
Agakishiev E.G. Initiation of a local referendum in Russia: topical problems and search for solutions in the practice of Germany and Switzerland / E.G. Agakishiev // Electoral legislation and practice. 2021. No. 1. - P. 37-41;
Dzyadevich E.V. Referendum as a form of direct lawmaking public participation / E. V. Dzyadevich // Crimean Academic Bulletin. 2021. No. 17. - S. 273-277, etc.
Nefedov K.V. Referendum as a form of direct implementation of democracy: concept, types / K. V. Nefedov // Bulletin of scientific thought. 2021. No. 3. - S. 108-115.
Federal Constitutional Law of 28.06.2004 N 5-FKZ (as amended on 18.06.2017) "On the Referendum of the Russian Federation" // Collected Legislation of the Russian Federation ", 05.07.2004, N 27, Art. 2710.
Korotkova O.A., Ostrikova V.V. Legal culture and anticulture of the electorate in the Russian Federation // Bulletin of the Kaluga University. 2019. No. 2. S.62-65.
Zhidyaeva E. S. Legal characteristics of the referendum. Zhidyaeva, V.V. Shevchuk // StudNet. - 2021. - T. 4. - No. 6.
Novikov E.V. On the question of a local referendum in the Russian Federation / E.V. Novikov // Efficiency of state and municipal administration: modern challenges and problems: Materials of the interuniversity student scientific-practical conference, Irkutsk, February 25, 2021 / Ed. editor A.G. Samusevich. - Irkutsk: Irkutsk Institute (branch) VSUYu (RPA of the Ministry of Justice of Russia), 2021. - pp. 39-43.
Gondarenko, A.S. Strengthening the rule of law in elections and referendums by ensuring access to justice / A.S. Gondarenko // Training of election organizers and improving the legal culture of voters in the face of modern global challenges: Materials of an interregional scientific and practical conference, Stavropol, November 25, 2020. - Stavropol: Limited Liability Company "Stavropol Publishing House" Paragraph ", 2021. - pp. 39-42.
Criticism of amendments to the constitution: expert opinion // [Electronic source]. Official site of "IA REGNUM". Access: https://regnum.ru/news/polit/2987929.html (date of access: 16.10.21).
Keywords:
state, society, referendum, popular vote, choice, democracy, sovereignty, plebiscite.


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