Karpov V.A. On the issue of a formal criterial complex in the assessment of a modern Russian model of law-governed state

Abstract: The subject of the research is a formal criterial complex helping to assess the fulfillment of the concept of law-governed state in Russia. The essential features of a law-governed state form a unity of four criterial complexes: the ideological criterial complex, the formal criterial complex, the practical criterial complex, and the psychological criterial complex. The formal criterial complex is of a special importance for the assessment of a modern Russian law-governed state as the most practically achievable by means of a direct governmental impact and measures aimed at the legislation enhancement. Legislation reforming should be based on the concept of consultative democracy as a means of provision of a wide participation of citizens in the processes of the law-governed state formation. First of all, it is necessary to provide the premises for a wider use of the institution of referendum in the Russian governmental and legal practice. One of the measures of legislation enhancement is the creation of the institution of civil assemblies dealing with the problems of electoral reform on local and regional levels. The methodology of the research is based on the fundamental provisions of the theory of state and law, the comparative analysis of research principles of different schools and scientific directions, the method of analysis of the existing studies, the traditional methods of scientific cognition (deduction, induction, comparison, the systems method, etc.), and the special scientific methods such as the formal logical and the historical methods. The author offers the ways of Russian legislation and law-enforcement practice enhancement which can further the compliance with the formal criterial complex. The author substantiates the necessity of the Federal Constitutional Law of 28.06.2004 “On the Referendum of the Russian Federation” amending with the regulations, moderating the conditions and requirements for the organization of referendums. It will allow a wider use of a potential of this form of consultative democracy in Russia. The author offers to adopt a federal law on the establishment of a consultative institution of civil assembly dealing with the questions of electoral reform in the Russian Federation. On the base of the analysis of the voting system functioning in Russia the author offers to adopt a positive foreign experience of electronic voting and the practice of Russian experiments in this sphere in electoral process on the state level.  

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