According to the Constitution, the Russian Federation is a legal democratic state in which the main source of power is the people. In practice, this principle is implemented through regular elections of authorized representatives, but there is another, direct, form of expression of will - popular vote. However, it is not used as often, so some questions require clarification.
What is a popular vote?
As already mentioned, in modern democracies, indirect, or representative, democracy prevails. Indeed, most of the decisions and laws are made by our elected authorities. However, there are a number of issues that require special participation of citizens of the state. In such cases, a popular vote is called.
This type of political decision-making takes its origins in the era of Antiquity, from Ancient Greece, which is the progenitor of the usualus democracy. There were, of course, big differences. Ancient Greek democracy was direct, which means that every free citizen had the right to take part in the discussion of the most important issues in the life of the policy, the city-state, and decisions were made by voting.
The format of the event has certainly changed since then. Now the popular vote of citizens takes place not in the squares, but in specially equipped premises organized throughout the country, by means of ballots. But its essence remains the same - it is a free, equal and secret expression of the will of the citizens of the state on particularly important political issues on which the future fate of their country or territory depends, requiring their personal participation.
When is it convened?
But what issues are considered "especially important"? For an answer, you should refer to the law "On the referendum of the Russian Federation." According to it, a popular vote can be held on the following issues:
- Adoption and amendment of the Constitution.
- Protection of the rights and freedoms of citizens.
- Issues of war and peace.
- Determining the status of the state border.
- Some others, in agreement with the Constitutional Court.
In order for a question to be put to a popular vote, it must have one clear interpretation. As a rule, a citizen can vote either for or against this issue. Possibility to give a vague answerexcluded.
Referendum
The referendum is the most common form of popular vote. Because of this, the term is often used as a synonym for it in both casual speech and official legal documents.
A referendum is held on the adoption of particularly important laws and bills when there is a need for a popularly voted decision.
The procedure for holding a referendum is governed by the laws of each particular country. So, in Russia, in order for a referendum to be considered successful and its results legitimate, the turnout must be at least 50%, and a specific decision must be supported by at least 50% of those who voted.
How is a referendum called and held?
In order to hold a referendum, it is necessary to put forward an initiative. They have this right:
- 2 million citizens of the Russian Federation who have the right to participate in a referendum (of which no more than 50 thousand can live in the territory of one subject or outside the Russian Federation).
- Constitutional Assembly.
- Federal government agencies.
The referendum is appointed by the President of the Russian Federation, upon prior agreement with the Constitutional Court as to whether the issue submitted to the referendum corresponds to the Constitution of the Russian Federation. After receiving the approval of the Constitutional Court, the President sets the day for the referendum.
Plebiscite
There are different interpretations of the concept of "plebiscite". This is due to the fact that there is no clear line between it and the referendum, the legislation of some countries does not even provide for the procedure for holding it.
According to the most common definition, a plebiscite is a popular vote on the ownership and fate of territories and other local issues. Sometimes a plebiscite refers to any other general poll other than those held to pass new bills.
Public Poll
Sometimes a third form of popular vote stands out - a popular poll, although it is often equated to a referendum (as, for example, it was adopted in the legislation of the USSR).
The purpose of a nationwide poll is to find out the opinion of citizens on a particular issue.
How was the Constitution of the Russian Federation adopted?
The current Constitution was adopted by popular vote on December 12, 1993. At the same time, it entered into legal force only on December 25 after its publication in Rossiyskaya Gazeta.
The decision to hold a popular vote on the adoption of a new constitution was made by B. N. Yeltsin (at that time he was the president of Russia).
The draft of the future Constitution itself was the result of many years of hard work of about 800 professional lawyers. It began in 1990, several different options were put forward in the process, but in the end the Constitution became the sum of many decisions and disputes of the Constitutional Commission. So, despite the fact that twothe main authors of the Constitution - S. Shakhrai and S. Alekseev, one must understand that a legal act of such magnitude and significance is the fruit of the joint work of many people.
The only question was put to the vote: "Do you accept the Constitution of the Russian Federation?". There were only two possible answers: yes or no.
For the adoption of the new Constitution, 58.43% of those who participated in the vote voted. Thus the Constitution was counted as adopted.