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Zakharchenko O.V.
Problems of Suffrage in the Concept of S.A. Kotlyarevsky
Keywords: suffrage, elections, the rule of law, constitutionalism, people's representation, S.A. Kotlyarevsky
Today, the undoubted principles of holding elections and referendums in the Russian Federation are the participation of citizens on the basis of universal, equal and direct suffrage by secret ballot. However, when solving modern problems of state building, the historical and legal experience of the functioning of this institution acquires socio-political significance, theoretical and comparative potential, and in this regard, the contribution of scientists to its development becomes relevant. The purpose of the research is to study the legal views of the Russian scientist, political and public figure of the early 20th century S.A. Kotlyarevsky on the problem of suffrage as one of the basic elements of representation in a constitutional state. Materials and methods. The achievement of this goal led to the use of S.A. Kotlyarevsky's works as the main materials, allowing identifying his scientific views on the issue under study, as well as the results of the author's comprehensive study of the socio-political and scientific-pedagogical views of the scientist. The principles of the research were historicism, comprehensive and objective analysis, and critical evaluation of the material. The methodological basis was a set of methods of scientific cognition. Along with the general scientific dialectical method of cognition, historical-legal and comparative-legal methods were applied. Study results. It is shown that in the legal concept of S.A. Kotlyarevsky, the institute of suffrage became one of the developed issues that reflected the essence of parliamentary representation in a constitutional state. The main conceptual provisions on the signs of suffrage are considered. They are based on the scientist's commitment to the value categories of natural law and an appeal to the moral and social meaning of legal norms. It is revealed that the scientist has compiled a legal structure, as well as justified the political nature of the suffrage. The development of issues based on the historical and legal analysis of different states has led to the typologization of restrictions on representation. In it, unlike class representation and representation of interests, representation through universal suffrage is the most developed and politically full-fledged. Conclusions. The theoretical provisions on electoral law developed by S.A. Kotlyarevsky were a contribution to the development of the national legal science of the state and law. Views on the issue are characterized by a clear democratic sound. In the legal views of the scientist, it is the universal, equal, direct and secret right to vote that allows the interests of the whole society to be most fully represented, ensures the recognition and legitimacy of parliamentary representation.
References
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About authors
- Zakharchenko Olga V.
- Candidate of Historical Sciences, Associate Professor, Department of Public Law, Chuvash State University, Russia, Cheboksary (zaharchenko_ov21@mail.ru; ORCID: https://orcid.org/0000-0003-4140-1153)
Article link
Zakharchenko O.V. Problems of Suffrage in the Concept of S.A. Kotlyarevsky [Electronic resource] // Oeconomia et Jus. – 2024. – №3. P. 61-68. – URL: https://oecomia-et-jus.ru/en/single/2024/3/7/. DOI: 10.47026/2499-9636-2024-3-61-68.
