Role of The Constitutional Court of the Russian Federation, The Constitutional Court of the Republic of Belarus and The Constitutional Council of the Republic of Kazakhstan in Ensuring the Sovereignty of the People: Comparative Legal Study

DOI

10.2991/assehr.k.201205.050How to use a DOI?

Keywords

Constitutional Court of the Russian Federation, Constitutional Court of the Republic of Belarus, Constitutional Council of the Republic of Kazakhstan, referendum, elections, all-Russian voting

Abstract

The study of the implementation of the forms of the sovereignty of the people in the post-Soviet space is particularly interesting due to the formation of independent models of the above institute. Moreover, the models of forms of sovereignty and legal mechanisms for their implementation in the studied three countries have both common and distinctive characteristics. This is characterized by the general post-Soviet social environment of the three states under study. The study uses comparative legal analysis, which reveals effective methods and ways of regulating legal relations in the sphere of the sovereignty of the people in the states under study. A number of constitutional reforms are being considered, the authors conclude that much work still needs to be done to create democratic conditions when implementing existing forms of the sovereignty of the people in the three countries under study. The paper uses the dialectical method of scientific knowledge, as well as logical, historical, systemic and comparative legal methods. The methods of analysis and synthesis were particularly important. A functional method was used to study the main directions of the development of the institution of the sovereignty of the people. The paper considers the role of specialized bodies of constitutional control of the three states under study in the development of legislation in the field of the sovereignty of the people. The authors identified gaps and shortcomings of the current legislation in the field of forms of the sovereignty of the people. The analysis can be successfully implemented by improving the Russian legislation in the subject matter. The analysis suggests that there are still gaps, including in the relationship between the creation of the rule of law and democracy, illusory expectations of benefits from helping democracy and the often exaggerated value declared by the states. These gaps seem to need to be addressed, as they can not only undermine the success and credibility of the rule of law, but also destroy the hopes of local residents who believe that their participation will help them building the rule of law.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Igor Yuryevich Ostapovich
AU  - Galina Ivanovna Komarova
PY  - 2020
DA  - 2020/12/07
TI  - Role of The Constitutional Court of the Russian Federation, The Constitutional Court of the Republic of Belarus and The Constitutional Council of the Republic of Kazakhstan in Ensuring the Sovereignty of the People: Comparative Legal Study
BT  - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
PB  - Atlantis Press
SP  - 286
EP  - 291
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201205.050
DO  - 10.2991/assehr.k.201205.050
ID  - Ostapovich2020
ER  -