Vasyutkin Nickolay Efremovich, Hamnuev Yuliy Grygoryevich ↑

The article considers the issues of legal regulation of granting citizens the right to implement legislative initiatives and the consolidation of this right in the constitutions (charters) of the constituent entities of the Russian Federation. It was founded that the federal legislator, while providing the regions with the opportunity to empower citizens with the right to legislative initiative, did not regulate the issues of determining the conditions and procedure for realizing by citizens of this right. A variety of practices of legal regulation and constitutional consolidation of this institution based on the analysis of the constitutions (charters) of the regions were identified. In particular, three forms of legislative initiative of citizens were identified - a draft law, a legislative proposal, an amendment to a bill. It is proposed to consider a legislative proposal as an independent legal institution. It has been established that granting citizens the right to amend bills is aimed at developing the democratization of lawmaking process, so it was proposed to consolidate this right in the legislation of the constituent entities of the federation. But taking into account the peculiarities of the parliamentary discussion of the bill in the second reading, it was recommended to simplify the procedure of amending bills for citizens by reducing the number of signatures of citizens supporting this initiative. It has been established that regional legislators use a blanket method of securing the norms on the right to legislative initiative of citizens in the constitutions (charters) of the regions in most of the cases. The absolute number of citizens or the percentage of the total number of citizens who have the right to vote is used in the regions to determine the number of citizens required for the implementation of a legislative initiative. It is proposed to regulate the mechanism for implementing the institution of citizens’ legislative initiative at the federal level in order to expand the opportunity for citizens to participate in legislative activities and eliminate contradictions in the regional legislation.

lawmaking, legislative activity, legislative process, legislative initiative, democratization of lawmaking, popular legislative initiative, civil legislative initiative, legislative initiative of citizens, bill

Vasyutkin Nickolay Efremovich – Lecturer of the Department of Constitutional, Administrative and Municipal Law, Dorji Banzarov Buryat State University (6, Sukhbaatar st., Ulan-Ude, 670000, Russian Federation), е-mail: nickvas1985@mail.ru

Hamnuev Yuliy Grygoryevich – Сandidate of Legal Sciences, Head, Department of Constitutional, Administrative and Municipal Law, Dorji Banzarov Buryat State University (6, Sukhbaatar st., Ulan-Ude, 670000, Russian Federation), e-mail: hamnuev_yug@mail.ru

Vasyutkin YU. G., Hamnuev YU. G. Institut zakonodatel'noj iniciativy grazhdan v sub"ektah Rossijskoj Federacii [Institute of legislative Initiative of Citizens in the Subjects of the Russian Federation] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2021, no 1(92), pp. 19–23. DOI 10.26516/2071-8136.2021.1.19. (in Russian).

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MZDRDL

1. Vasyutkin N. Zakonodatelnoe predlozhenie: teoriya i praktika [Legislative proposal: theory and practice]. Sovremennoe pravo [Modern law], 2019, no. 3, pp. 188-193. (in Russian)

2. Vasyutkin N., Anisimov I. Obshchestvennye ob’edineniya kak sub- "ekty zakonodatelnoj iniciativy: konstitucionno-pravovoj i politologicheskij aspekty [Public associations as subjects of legislative initiative: constitutional, legal and political science aspects]. Socialno-politicheskie nauki [Socio-political sciences], 2019, no. 3, pp. 188-193. (in Russian)