Население и законы. Новое в развитии коммуникативной культуры взаимоотношений общества и государства в России

Право. Журнал Высшей школы экономики. 2014. № 1. С. 180–193.

Lukyanova E. A.

The article is an attempt to analyze the transformations in the relations between the state and society in modern Russia. It analyzes public reaction to five high-profile changes in Russian legislation between 2012-2013, toughened sanctions for the involvement in public events, introduction of the concept of noncommercial organization — a foreign agent, freedom of discussion limitation, in mass media and the Internet, a wider interpretation of the concept of banned political activity. The amendments to the legislation have become the response to an extremely high public activity since the 2011-2012 winter. Each of the laws in question was the subject matter of heated criticism in society and its application got actually blocked. Public examination confirmed common disadvantages relating to both the content of law (substitution of its subject matter with legislative objectives) and the procedure of its discussion affected by the violation of laws and principles of legislative process. The laws were adopted for a special purpose, i.e. ad hoc. This circumstance makes all the five acts dubious in terms of constitution and causing violations against the constitutional rights of citizens. Besides, they contradict international obligations taken by Russia. The acts in question are typical of legal uncertainty (ambiguity in presenting normative content). Finally, all the acts analyzed violate the consistency in Russian legislation. The public response to this irrelevant regulation was intentional public disobedience. In this regard, the analysis of the causes in the situation is of special importance which is embedded in the process of election and counting votes. Negative selection is applied when making up the body of the parliament, people included in it as the representatives in parliament depends on the degree of loyalty of their majority to President and the executive power. This is the cause of deprofessionalisation of lawmaking in the Russian Parliament and a lower level in its competency and thus a similar attitude to its activity by society.

Keywords: гражданское общество, civil society, общественная экспертиза, правосознание, законодательный процесс, legislative process, конституционность, public examination, иностранный агент, civil disobedience, гражданское неповиновение, foreign agents, legal uncertainty, parliamentary crisis, правовая неопределенность, парламентский кризис, constitutional regime, legal consciousness, ad hoc laws, package agreement, selection in terms of loyalty, deprofessionalisation of lawmaking, законы ad hoc, пакетное соглашение, отбор на лояльность, депрофессионализация законотворческой деятельности