The scientific-practical Law Journal
“Almanac of Law” Volume 12 (2021), 204-210 p
Novitskyi V. V. Democracy as one of the fundamental bases for the implementation of legal guarantees of human rights in Ukraine
The author of the article objectively argued the real importance of realistic instruments of democracy for the
modern state formation of Ukraine. One of the most progressive mechanisms for implementing state policy in the field of protection, protection of human rights through their legal guarantees, progressive integration of democratic standards of the international community into the sphere of political and jurisprudence of Ukraine is the active introduction of new levers of democracy. We are convinced that the rules of law governing public relations must meet the challenges of today, and most importantly, be united in the desire of civil society to fully realize the objective demand of the people of Ukraine for justice. The agenda of Ukraine’s strategic priorities is extremely voluminous and endowed with a strong public resonance. That is why the means, the methods of activated democracy, are a potentially effective recipe for reducing the amplitude of public tension.
The urgency of the issue of democracy was justified not by political slogans and the popularity of this subject of scientific research, but solely through the prism of the critical need for functional implementation of legislative, procedural guarantees of human rights in Ukraine. After all, in the conditions of modeled totalitarianism, authoritarian system of state policy, prohibitive measures that will be aimed at reducing or eliminating the will of the people, the full implementation of the full range of legal guarantees of human rights will lose its effectiveness. In our opinion, the level of democratic multi-vector practical implementation of the people’s power is a litmus test, a truly effective indicator of the attitude of state power to human rights and the rule of law in Ukraine.
The author of the presented study carefully analyzes such institutions of democracy as the initiative in law, the legislative initiative of the people of Ukraine and the procedural implementation of the proposal to hold an all-Ukrainian referendum at the initiative of the citizens of Ukraine. After analyzing the doctrinal component of the initiative in law, we professionally turned our attention to the following fundamental issues: a) joint consolidation of civil society around the following fundamental principles: inviolability, respect for the human rights of everyone; Rule of Law; trust; desire to seek and find a compromise solution to conflicting precedents; b) personal, characterizing the characteristics of the individual who is able to propose legislative initiatives and demonstrate their own responsibility for this process; c) the issue of activating civil society, with the aim of individual, targeted stimulation of their representatives for further motivational training, professional training and formation of a constellation of leaders of local, regional and national level.
In the article research, the actual factors of normative implementation of the legislative initiative of the people
of Ukraine in the Verkhovna Rada of Ukraine are considered in detail. The author of the article analyzed the presented subject of the dispute from the point of view of historical preconditions and attempts of parliamentarians to consolidate the people of Ukraine, a full-fledged institution of legislative initiation. In addition, within the framework of the outlined topic, an analysis of the current Draft Law on Amendments to Article 93 of the Constitution of Ukraine (on the legislative initiative of the people) of 29.08.19 was conducted and subjective opinions were provided on the basis of its substantive presentation. In our opinion, for a comprehensive, normative settlement of really important issues of the legislative initiative of the people of Ukraine, it is necessary to adopt an independent, purposeful Law of Ukraine with the relevant subject of jurisprudence.
In the context of the study of progressive, legal norms on the vector of the idea of democracy, the main innovations of the Law of Ukraine «On Democracy through All-Ukrainian Referendum», signed by the President of Ukraine on 08.04.21, concerning the implementation of electronic voting and legislative plans areas of application of innovative technologies for electronic (machine) voting and legislative initiative of the people of Ukraine. We are deeply convinced that such an intensifying interest of the scientific community and people’s deputies of Ukraine in the issue of democracy in our country inspires us with optimism and confidence that the initiated legislative initiatives will have their practical success in the process of daily regulation of public relations.
Keywords: people of Ukraine, democracy, initiative in law, legislative initiative, democracy.
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