Higher doctorate jurisprudence
of the Republic of Kazakhstan E.V.Mitskaya
Political activity of citizens as a stipulation for a
civil society development
The existing
theories of civil law give an opportunity to compare different points of view,
opinions concerning the essence of the civil society [1]. Basing on them, we
can reveal the concept of a civil society as following: a civil society is a
community of self-governing social institutions and relations and their purpose
is to provide man`s priority in the society. That is, a civil society is the
highest stage of a society development where a man is most important as an
active, self-realizing personality.
Social activity, however, understood as “a characteristic of a social
subject, manifested through self-activity” [2], has its varieties, and we would
like to draw the reader`s attention to political activity targeted to the
progressive development of the society and state which is absolutely important.
Conditions
of rise and development of a civil society include social freedom, democratic
government, existence of social sphere for political activity and political
discussions. Socio-political sphere of a civil society covers civil society and
political organizations and movements, different forms of citizens` activity,
local self-governing bodies. Thus, social organizations achieve their purposes
covering many spheres of public life. They influence molding of public opinion
which, according to J.Bryce is made out by few but then is consolidated by activity of many people [3]. Social
organizations develop political culture of the citizens` and contribute to
their political education. Besides, they let reveal and substantiate interests
of most social groups. It is social organizations that are able to provide
permanent connection between the civil society and the state [4].
Hence,
a civil society as V.A.Zatonsky fairly stresses “cannot function without active
autonomous subject [5, p.160]. And the state actually interacts with the most
active part of the civil society. At the same time they must be not only active
but also politically and juridically educated cultured people of high sense of
civic duty, active legal consciousness, who shape their behavior according to
law and morality [5, p.153-164].
Political
activity can be oriented both to the traditions, values of the past and to the
future covering new ways for changes and destructive, purposeful and
spontaneous. A base for an individual`s political activity is first of all
social freedom. And of course, the degree of freedom for every member of the
society is defined by the freedom of the society itself, that is, a man can
have a greater degree of freedom only when the society is free. In its turn
freedom of the society is defined in terms of the level of development of the
society in socio-economic, political, cultural spheres. Accordingly in
political sphere the degree of freedom of a society is determined by the level
of democracy development in the country and political right – in particular.
Citizens`
political rights and freedoms as subjective rights and freedoms consist of the
following
- the right to act positively (as a possibility of an
authorized person to implement juridically significant actions by oneself);
- the right to demand
(as a possibility of an authorized person to demand implementation or
observation of a juridical responsibility);
- the right – claim (as a possibility to put into
action the state coercion mechanist against the responsible person) [6].
For
example, the actual authority for positive action of the active election
legislation is manifested by the possibility to study electors` lists, to
discuss the programme of a candidate to the deputies, to take part in an
election campaign. In is the right to vote. The active law on election includes
a number of competences to demand implementation or observation of a juridical
duty from the person responsible for it. In particular, for example, the voters
have the right to demand that the election committees should conduct the
election in accordance with the law (taking in to considerations the terms of
agitation for the candidates, including the electors in the lists, etc.).
Authority for one`s own positive actions to implement the freedom of speech is
the possibility to spread one`s own opinion in any legal form. The right-demand
of this particular political freedom is expressed in a citizen`s demand not to
hamper implementing the authority for one`s own positive actions, for the
requirement addressed to the governmental bodies and officials to spread
objective information concerning the events in the country.
The soviet
statehood science paid attention and researched the problems connected with
political activity. M.Orzikh, V.Maslennikov, V.Kuchinsky, B.Zheleznov, V.Kopeichikov,
N.Bondarev, A.Klyuev [7] were interested in structural aspects of political
activity. A.Cherednichenko divided political activity into organizational,
theoretical, upbringing, executive, managerial [8]. A.Kovler and V.Smirnov
wrote about different types of political participation: individual and
collective, voluntary and coercion, active and passive, traditional and
alternative, revolutionary and protective [9]. A.Fedoseyev analyzed structural
peculiarities of political ideology and psychology, political norms, values,
institutions, relations, processes and behavior [10]. V.Shapiro revealed
structural peculiarities of obtaining political knowledge as well as political
decisions developing, making and implementing [11]. And, despite the fact that
these researches reflect peculiarities of the political regime of the state
existing in that period they haven`t lost their importance today.
Оn the example of other countries electors could be
involved in the election process legislatively. An example of legislative measures
to attract electors to the election process can be mandatory voting
consolidated in some Constitutions. When evasion of elections is observed,
public reprimand or fine is used as a sanction. For example, in Turkey the fine
is 13 times as much as in Egypt, but almost 7 times as less as in Luxemburg [12].
As a matter of fact, the fear to be fined or blamed in non-patriotic behavior
in public will help to make the electors more active. At the same time one can
doubt that kind of obligation will guarantee 100 per cent attendance of the
polling stations. Thus, according to the survey of public opinion, the level of electoral activity of the population
in Kazakhstan in connection with the
upcoming January 15, 2012 elections to
the Majilis of the Parliament of the Republic of Kazakhstan is 61,3% [13]. It
means that, political activity is based
on political interest, that arises in
man to certain on his part. Besides, the results of this research confirm the
idea that one has no doubt in: if you solve the problem of active voting with
the help of obliging legislationally, that won`t solve the problem of
disbelieve in efficiency of the election results. In our opinion, the problem
of disbelief in efficiency of the election results lies in people`s disbelief
in power institutes, infringement of the legality during the election process.
The rise of
political activity through vested interests of citizens in election process and
shaping steady conviction in their participation`s efficiency is a typical
problem for the former Soviet Union republics.
As we have already mentioned a society’s
social freedom is determined by the level of the society’s development in
socio-economic, political, cultural spheres, and it means that the interest in
the election processed and conviction in citizens` participation efficiency
directly depend on the confidence of the people in their social and legal protection
implemented by the state when every working person really feels improvement
both in their living standards and the country`s ones. Note, economic
prosperity for a multinational country like Kazakhstan is vitally important.
Unemployment rate reduction, people`s living standards improvement will allow
to weaken any kind of social tension, to keep friendly interethnic relations
since socio-economic factors influence the nature of ethnic relations [14].
People`s
confidence in authorities will return if government by people is guaranteed.
Systemic guarantees of election democratism are absent in the country for the
time being. Illegitimate interference of the executive branch of power, threat
of bureaucratic, administrative and legal persecution of mass media, artificial
obstacles for opposition parties and candidates and intimidating them during
election campaigns, other infringements which don`t confirm honesty and freedom
of elections as well as corruption of authorities prove absence of complete
guarantee of government by people and don`t provide increasing political
activity of citizens during the elections [15]. In doesn`t mean, however, the
citizens are completely passive. Their political activity cannot be only
participation in election processes.
Thus,
the problems of citizen`s active political participation (in particular, in
elections) and increasing their political activities can be decided in general
by strengthening legality and consequently by improving election legislation,
citizen`s self-consciousness, developing high political culture and sense of
civic duty. Moral values are the core of self-consciousness, political culture
and sense of civic duty. We should agree that I.Ilyin, a well-known jurist and
philosopher expressed his opinion quite precisely when he said: “That if inside
is malicious, greedily, bad then no external
form, no ban, no thereat, no “election law” will be of any help” [16]. An, of
course, progressive development of three sectors of civil society-economy,
democracy and spiritual, based on the individual`s freedom – is necessary.
The main
thing is that the fundamentals of citizen`s political participation in
governing the affairs of the state and society, that is political rights and
freedoms, are consolidated in the Constitution. They correspond to the
recognized principles and norms of the international law, the legislation is being
improved in the field of widening the mechanisms of their realization. At the
same time, we should not forget that state and the society cannot be considered
in isolation. The structure of a civil society`s political activity has been
derived from hierarchy organization of power, variety of the elements of a
political system. On the whole, the structure of political activity and
political activity of civil society.
Referenses
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http:// www.youtube.com/watch?v=3HJtWHnjVTA&feature=player_embedded;
http:// www. novayagazeta.ru/inquests/49943. html
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