Kaminskaya, N.V., Bukach, V.V., Bilas, I.G. Legal contents of the constitutional right to petition within the context of the Constitution of the Russian Federation and the Constitution of Ukraine

Abstract: The goal of this article is to analyze the contents of a constitutional and political right to petition in accordance with the provisions of the Constitution of Ukraine and the Constitution of the Russian Federation. Using general scientific and special research methods, and comparative legal method first of all, one ay single out the characteristic features, which currently exist in constitutional theory and practice of the two states. The right to petition is enshrined in the Constitution of the Russian Federation (art. 33) and the Constitution of Ukraine (art. 40), as well as in some other normative legal acts. Analysis of the relevant constitutional provisions shows the differences in the contents, first of all, regarding the subjects of the right to address. In accordance with the Constitution of Ukraine the range of subjects is much broader than in the Constitution of the Russian Federation. The constitutional political right to petition may be regarded as the right to petition of the citizens or other persons on socially important issues aimed to influence the decision of government bodies and addressed to the subjects of political relations, being competent to act in accordance with the propositions or requests. Based on this definition the following elements of the constitutional right to petition may be singled out: a) the right to act; b) the right to demand; c) the right to use; d) the right to petition for protection by the state government bodies in cases of infringement. Enshrinement of this right at the constitutional level shows that it is regarded as an important instrument of functioning of a democratic society, resulting in the strengthening of the relevant functions of the state government and municipal bodies and their officials. At the same time, a number of problems arise in the practice of implementation of this right, as well as the possible solutions to them, such as improvement of the legislative basis, scientific substantiation for amendments, guarantees of implementation of the constitutional basic rights and freedoms, other means and methods for the guarantees of this right.

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