{"title":"公共权力与人民的意愿:纪念 E. I. 科兹洛娃诞辰 100 周年","authors":"I. V. Ivanov","doi":"10.17803/2311-5998.2023.112.12.144-152","DOIUrl":null,"url":null,"abstract":"The article deals with the main issues of power and the will of the people, associated with the activities of public authorities. Consideration of these issues is based on the works of Professor E. I. Kozlova. It is noted that the content of a democratic state should be based on the values of the society of a particular state, without establishing the primacy of a single standard of a liberal state. Building a democratic state may be associated with the solution of the following tasks: achieving a balance of interests of the whole society and the minority; creating conditions for a broad discussion of issues of state and public importance; providing access to information about the activities of public authorities; historical succession of state building. It is noted that these tasks are solved in law through the introduction of public discussion of bills; fixing traditional values in constitutional law and sectoral legislation and ensuring their protection (protection of the feelings of believers, a ban on the rehabilitation of Nazism, a ban on same-sex marriages). At the same time, it is proposed: to introduce criteria and grounds for mandatory public discussions for public authorities; legislative consolidation of the publication of transcripts of meetings of public authorities that do not contain state secrets. In the development of the theory of democracy E. I. Kozlova, the author notes that the list of forms of realization of national sovereignty cannot be closed, it is constantly updated and developed by the peoples themselves, in accordance with their will.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"112 ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Public authority and the will of the people: to the 100th anniversary of the birth of E. I. Kozlova\",\"authors\":\"I. V. Ivanov\",\"doi\":\"10.17803/2311-5998.2023.112.12.144-152\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article deals with the main issues of power and the will of the people, associated with the activities of public authorities. Consideration of these issues is based on the works of Professor E. I. Kozlova. 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引用次数: 0
摘要
文章论述了与公共权力机构活动相关的权力和人民意愿的主要问题。对这些问题的思考是以 E. I. Kozlova 教授的著作为基础的。我们注意到,民主国家的内容应建立在特定国家社会价值观的基础上,而不是建立在单一的自由国家标准之上。建设民主国家可能与解决以下任务有关:实现整个社会和少数群体的利益平衡;为广泛讨论国家和公众的重要问题创造条件;提供有关公共当局活动的信息;国家建设的历史继承。据指出,这些任务在法律上是通过以下方式解决的:对法案进行公开讨论;在宪法法律和部门立法中固定传统价值观并确保其得到保护(保护信徒的感情、禁止复活纳粹主义、禁止同性婚姻)。与此同时,还提出了以下建议:引入公共权力机构强制性公开讨论的标准和依据;通过立法巩固不包含国家机密的公共权力机构会议记录的公布。在《民主理论的发展》(E. I. Kozlova)一书中,作者指出,国家主权实现形式的清单不可能是封闭的,它是由人民根据自己的意愿不断更新和发展的。
Public authority and the will of the people: to the 100th anniversary of the birth of E. I. Kozlova
The article deals with the main issues of power and the will of the people, associated with the activities of public authorities. Consideration of these issues is based on the works of Professor E. I. Kozlova. It is noted that the content of a democratic state should be based on the values of the society of a particular state, without establishing the primacy of a single standard of a liberal state. Building a democratic state may be associated with the solution of the following tasks: achieving a balance of interests of the whole society and the minority; creating conditions for a broad discussion of issues of state and public importance; providing access to information about the activities of public authorities; historical succession of state building. It is noted that these tasks are solved in law through the introduction of public discussion of bills; fixing traditional values in constitutional law and sectoral legislation and ensuring their protection (protection of the feelings of believers, a ban on the rehabilitation of Nazism, a ban on same-sex marriages). At the same time, it is proposed: to introduce criteria and grounds for mandatory public discussions for public authorities; legislative consolidation of the publication of transcripts of meetings of public authorities that do not contain state secrets. In the development of the theory of democracy E. I. Kozlova, the author notes that the list of forms of realization of national sovereignty cannot be closed, it is constantly updated and developed by the peoples themselves, in accordance with their will.