public associations

Public associations – collective subjects of constitutional relations

Introduction. The article examines public associations as collective subjects of constitutional relations in the context of the legal development of the current legislation and the Constitution of the Russian Federation. Public associations, as collective subjects of constitutional relations, are important participants in the socio-political process of implementing the constitutional amendments adopted at the all-Russian vote in 2020. Theoretical analysis. The article considers the concept and significance of public associations as collective subjects of constitutional relations. The importance of public associations is noted, namely, as collective subjects of constitutional relations. Empirical analysis. The author investigated the normative legal acts regulating public relations related to the activities of public associations and revealed that the legislator is constantly improving legal support in this part. The quantitative indicators of the number of public associations in the period from 1991 to 2020, registered on the territory of the Russian Federation, have been studied. Results. Summing up the work, it is concluded that public associations, as collective subjects of constitutional relations, are the most important tool necessary to meet the social needs of citizens. Effective interaction of public associations, as collective subjects of constitutional relations, with state structures would make it possible to better implement constitutional interests and ensure human and civil rights and freedoms.

Social movements in the Russian Federation and their participation in elections: Current state and prospects of development

Introduction. The socio-political sphere of the state is the foundation of its democratic development and a prerequisite for longterm state-building. The history of the development of the Russian state testifies to the absence of traditions of the formation of democratic institutions and their development. Social movements in the modern state are the mainstay of the development of the country’s political system and the prerequisite for the formation of new political parties. In accordance with the Federal Law “On Public Associations”, a public movement is a type of public association that has a mass character and pursues social, political and other socially useful goals. Taking into account the peculiarities of the current stage of constitutional and legal regulation of the activities of political parties, it is necessary to consider the issue of expanding the participation of social movements in the socio-political life and in the electoral process. Theoretical analysis. Today, Russia stands on the path of democratic transformation of all state institutions. The institutions of the socio-political sphere of civil society also need this transformation. The activities of political parties in a country with a stable constitutional framework are the basis for the exercise of state power. The functioning party system of modern Russia is not characterized by elements of completeness. Social movements, taking into account the Russian reality, could become a platform for the formation of competitive political parties in the future. Empirical analysis. The analysis of the content of the Federal Law “On the basic guarantees of electoral rights and the right to participate in the referendum of citizens of the Russian Federation” indicates the legal consolidation of such a concept as “electoral association”. This concept is introduced to define the subject of electoral actions in the process of holding elections at various territorial levels. Its content indicates that in the framework of federal and regional elections, these are primarily political parties. In elections to local self-government bodies, such an electoral association may be a public movement, provided that the purpose of participation in the elections is fixed in the statutory documents. Results. The natural process of forming political parties is related to their grassroots level of formation. Today’s Russian party system is in crisis, and small political parties do not enjoy electoral support. It is necessary to create legal conditions for the development of socio-political movements – as an organizational basis for the formation of political parties with stable political programs. The conclusion is formulated that among all the variety of social movements functioning in Russia, one can distinguish such a variety as socio-political movements and provide for their right to nominate candidates for deputies in single-mandate and multi-mandate electoral districts, as well as their participation in the implementation of public control in Russia.

A Citizen of the Russian Federation is a Subject of Public Control in Russia

Introduction. Public control is an attribute of a developed civil society in the state. In Russia, the Federal law regulating the procedure for public control was adopted in 2014. This law has established a limited range of subjects of public control in Russia, however, current legislation indicates the actual inclusion of other subjects not stipulated in the law in this mechanism. A citizen of the Russian Federation is not directly listed by the Federal law as a subject of public control, however, the law provides for forms of participation of citizens in the process under consideration. Theoretical analysis. Russia today stands on the path of democratic transformation of all state institutions. The implementation of fundamental constitutional provisions regarding the recognition of human and civil rights and freedoms as the highest value is impossible without the functioning of instruments of public control over the activities of public authorities. Developed democracy presupposes the exercise of public control by the entire multi-level system of civil society institutions, with the citizen at the center. Empirical analysis. The analysis of the content of the Federal law “On fundamentals of public control in the Russian Federation” from the point of view of consolidation of constituent entities of social control and forms of its implementation, allows to conclude that, in fact, the law duplicated the forms of social control and subject composition fixed earlier by the Federal law “On Public chamber of the Russian Federation. The current legislation indicates that the central link in the number of subjects of public control are public chambers and public councils operating in Russia and that there are no legal guarantees of citizen participation in the implementation of public control. Results. The current development of the procedure for implementing public control in Russia implies the need for legislative consolidation of direct forms of participation of citizens of the Russian Federation in this mechanism. Direct forms of such participation can be: appeals to state authorities and local self-government bodies in the form of proposals with wide public awareness via Internet resources; participation of citizens in the electoral process as public observers; participation as a member of the public chamber of any territorial level of the organization; participation as members of public associations and other non-governmental non-profit associations; participation as public inspectors and experts on the initiative of Russian citizens.