Democratic Reforms and the Constitution. Scientific-Op-ed Notes

Sergey S. Alekseev
Year: 2020
DOI:
UDK: 342.4
Pages: 23-59
Language: russian
Section: LAW
Keywords: reforms, constitution, draft, democracy, constitutional system, self-regulated society, human rights and freedoms, separation of powers: legislative, executive, judicial power, federalism, municipal power, parliamentary or presidential democratic republics, mixed and balanced state form
Abstract
The notes analyze the essence of the Soviet socialist regime and the situation in which it, or rather the State administration of society, was found as a result of the restructuring ("perestroika") that began in 1985 – paralysis, anarchy, a bacchanalia of arbitrariness, lawlessness in the sphere of public life. The myth is dispelled that state property is a property alleged to serve people. The notes examine the role of private property as a natural human right. Dignity and treachery of the formula "strong power," the prospects and necessity of consistent democratic development of Russia to save the country from the consequences of socialist totalitarianism and the risks of its replacement by a new freak – such as the system of state-nomenclature quasi-capitalism – are discussed. The need for reforms in Russia is mentioned and the author 's (together with A. A. Sobchak) draft Constitution, which is considered a credo of society, as a means of protecting people from arbitrary power and ensuring human rights and freedoms, is analyzed. The Constitution should be a strictly legal document designed for the long term – "for centuries" (and therefore it cannot be changed easily and often), containing legal principles and norms, without any political-party, worldview orientations. Nor should it turn into instruction on current state affairs. The draft Constitution enshrined the concept of a State of a free self-regulating society based on a "sovereign" person – Citizen. Its three pillars ("three whales") are human beings, dignity, rights, and freedoms; Democratization, efficiency and, at the same time, moderation of power – such an organization that it could not become a dictatorial force; elevation to the highest possible stage of the "third power" – justice, strong and independent, able to resist arbitrary power, become a reliable obstacle to its self-determination and without which human rights are nothing, zero, empty sound. Among human rights and freedoms, as the most important institution of the Constitution, the special role of political and personal rights and freedoms is emphasized. The author hopes that the true adherents of democracy will have the strength, will, courage, and responsibility to create a free and democratic constitutional order.
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