Democratism as a Basic Principle for Legislative Processes on Russia’s Federal Territories

Ol'ga Fomicheva
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Abstract

Democratism is a key principle of constitutional and legal regulation of all innovations in the legislative process. Public authorities of Russia’s federal territories need guarantees for their participation in the legislative process. The legal status of the Sirius Federal Territory remains dubious, which violates the rights of its residents to participate in solving national issues. The principle of democratism is violated when its forms are implemented by public authorities of the federal territory. A balance of interests between society and the state would be achieved if citizens could exercise their legislative rights, directly or through representative bodies of public authority. First, guarantees should be established in the norms of the general effect; second, a procedure should be elaborated on regulatory legal acts, depending on the region and its status. A legislative process is not only a set of forms of activity that turns a legislative idea into a draft law. It also presupposes the implementation of this process based on constitutional principles, i.e., democratism. This principle should become comprehensive since it provides all subjects with equal participation in the legislative process. In addition, democratism encourages all residents and /or representative bodies for such participation. As a result, it should not be subjected to restrictions depending on the type of territory. If guarantees for the implementation of the legislative initiative right are violated in the legislative process, they can be regulated by federal legislation. This procedure could help residents of the Sirius Federal Territory and extend these guarantees to identical territories, e.g., closed administrative-territorial entities, university towns, etc. The ultimate effectiveness of the legislative process depends on democratism.
民主主义是俄罗斯联邦领土立法程序的基本原则
民主主义是宪法和法律规范立法过程中所有创新的重要原则。俄罗斯各联邦领土的公共权力机构参与立法进程需要保障。天狼星联邦边疆区的法律地位仍然可疑,这侵犯了其居民参与解决国家问题的权利。当联邦领土的公共权力机构执行民主主义的形式时,民主主义的原则就受到了侵犯。如果公民能够直接或通过公共权力代表机构行使立法权,就能实现社会与国家之间的利益平衡。首先,应在具有普遍效力的准则中规定保障措施;其次,应根据地区及其地位,就规范性法案制定程序。立法程序不仅是将立法构想转化为法律草案的一系列活动形式。它还以在宪法原则(即民主主义)基础上实施这一程序为前提。这一原则应当是全面的,因为它为所有主体提供了平等参与立法过程的机会。此外,民主主义鼓励所有居民和/或代表机构参与立法。因此,它不应因领土类型而受到限制。如果在立法过程中违反了落实立法倡议权的保障措施,可以通过联邦立法加以规范。这一程序可以帮助天狼星联邦属地的居民,并将这些保障扩大到相同的属地,如封闭的行政属地实体、大学城等。立法程序的最终有效性取决于民主主义。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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