Правовые Основания Требования Конституционности Электронного Голосования (Legal Foundations the Requirement of the Constitutionality of Electronic Voting)

2013 ◽  
Author(s):  
Yaroslav Valerievich Antonov
Author(s):  
Oleksandr Byrkovych

Purpose. The purpose of the article is to identify the fundamental values of the Ukrainian people, on the basis of which not only his mentality, but also all national-state institutions, including institutions of justice and justice, as well as to identify trends of influence of these values on the further development of legal foundations of the judiciary and justice of Ukraine. Method. The methodological basis of the study was the combination of principles and methods of scientific knowledge. For the objectivity of the research, a set of general scientific, special-legal, special-historical and philosophical methods of scientific knowledge was used. Results. At the current stage of reforming the institutions of the judiciary and the judiciary, the notion of fair justice, which is formed on the basis of popular national culture, plays an important role. Given the functioning of the modern Constitutional Court of Ukraine, whose representatives are formed by delegation to the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine and the judiciary, this institution needs radical reform as it has repeatedly made political rather than constitutional decisions. Scientific novelty. Based on the analysis of the national tradition of justice, it is established that the Constitutional Court should be formed by public organizations, which are formed by legal experts. There are several higher scientific institutions in Ukraine which have departments, constitutional law research institutes. Their representatives should delegate the best experts in the constitutional right to competitive selection to fill vacancies in the constitutional court. Practical importance. The results of the study can be used in further historical and legal studies, preparation of special courses.


Author(s):  
Konstantin Kupchenko ◽  
Nikolay Fedoskin

The article analyzes the results of the state policy implementation withing the formation and development of the Soviet judicial system on the example of Smolensk Governoral Court. The authors set the goal, based on the analysis of sources not introduced into a wide scientific circulation, primarily stored at the State Archive of the Smolensk Region to restore the history of the creation and operation of justice institutions in the Smolensk region in the 1918s–1923s. The source base of the study was composed of documents stored at Smolensk State Regional Archive, materials on the history of the judiciary, statistical materials of the period under the study, documents on the history of the party-state bodies of the Smolensk region. The article studies current office documentation of both the higher and regional state bodies (Workers 'and Peasants' Government, People's Commissariat of Justice, Smolensk Governoral Executive Committee) and local authorities (Smolensk Council of Working People's Deputies, Executive Committee of Smolensk Governoral Council of Workers, Peasants' and Red Army Deputies), as well as Smolensk Governoral Court. The authors analyze the Soviet experience in the formation and development of judicial bodies under specific historical conditions; they consider transformations in the judicial system of the Smolensk Governorate in the 1917s–1922s, as well as the formation of Smolensk Governoral Court. The article studies legal foundations of the Soviet judicial system formation, characterizes processes of creating a judicial apparatus in the first years of Soviet power and analyzes activities of Smolensk Governoral Court during its formation. The authors reveal the essence, degree of efficiency, concrete results, political and socio-economic consequences, positive and negative lessons from the Soviet judicial system existed in Russia. The authors assume that the development of new legislation system in the 1920s was caused by the need to reform legal sources as the main means of socialism building. The authors conclude that the transformation of the Soviet judicial system completed the transition from the principle of «revolutionary expediency» to the principle of «revolutionary legality».


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