SOVEREIGNTY, DEMOCRACY AND HUMAN RIGHTS IN THE MODERN STATE
Komarova Valentina1, Pastukhova Nadezhda2 and Bartsits Anri3
1Prof. Ms., Russia, lulu.kom88@gmail.com
2Prof. Ms., Russia, nbpastuhova@mail.ru
3Mr., Russia, anri-gudauta@mail.ru
Abstract
One of the principal attributes of a sovereign state organization of society in modern Russia, in its underlying, is constitutionally democracy, where the rights and freedoms of human beings are proclaimed as supreme value. Analysis of political and legal ideology in the part that relates directly to constitutionalism should refer to the concepts of popular sovereignty and democracy, civil liberties, control methods of public authority and mechanisms of participation in its work.
Legal formalization questions of the fundamental legal values of freedom, equality and justice in the constitutional regulation are becoming increasingly important in the modern legal reality of Russia.
Constitution of the Russian Federation approved by nationwide referendum in 1993, in Part 1 of Article 3 guarantees that the holder of sovereignty and the only source of authority in the Russian Federation is its multinational people. Democratic governing idea involves response to the two key questions: who and how to exercise power in a democratic state. "Right legal capacity" of people, nation, small nations, i.e. the possibility to be the subject of authority relations.
The analysis of Federal legislation, regulatory legal acts of federal subjects, acts of local authorities, doctrinal sources in the field of consolidation and implementation of sovereignty, constituent power of people, civil rights and collective subject in the sphere of democratic governing was conducted using methods of comparative law, analytical method of comparative law, generalization method and legal simulation.
The analysis result was the conclusion of the author that the initial demonstration of the constituent power can be the right of the people to the referendum; the right to adopt the basic law in the referendum and the right of statutory option to change it.
It is concluded that effectiveness of implementation of the state national policy of a sovereign Russian state should be provided with continuous and coordinated activity of central and local self-authorities, civil society institutions with complex political, legal, institutional, socio-economic, and informational and other measures.
Keywords: Sovereignty, democracy, people
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