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E-democracy in the System of People\'s Power

Student: Shadrina Lyudmila

Supervisor: Elena A. Lukyanova

Faculty: Faculty of Law

Educational Programme: Public Law (Master)

Year of Graduation: 2018

Annotation Keywords: democracy, e-democracy, e-voting, constitutionalism, information society. Today in Russia, as in the other countries, there is a constitutional crisis, manifested in the unconstitutional limitation of practices, aimed at the actual implementation of the principle of democracy. Democratic values become mostly slogans that can shild the authoritarian vector of the development of state legal phenomena. In such circumstances, the constitutional and legal phenomenon of e-democracy is able to ensure the implementation of constitutional principles, able to offer a completely new transparent, safe and effective forms of implementation of democracy. In this work, the author analyzes the doctrinal approaches to the concept and content of e-democracy,on the base of the study of foreign and domestic experience in the implementation of certain elements of e-democracy an approach to its contentis developed. The estimation of constitutionality of electronic voting is given in this work, as the most perspective element of electronic democracy. The work shows the risks of e-democracy as a constitutional and legal phenomenon, as well as the risks arising on the way of formation of the studied model within the framework of Russian constitutionalism. Exploring the practice of constitutional courts of foreign countries, the constitutional Court of the Russian Federation, courts of General jurisdiction of the Russian Federation, the European Court of Human Rights, assessing the constitutional-legal perspective of implementation of e-democracy in political and legal environment of Russia the author comes to the conclusion that the existing practice of extra-constitutional restrictions of human rights, including the Internet practice, become serious barriers to the effective development of e-democracy in Russia. The author develops doctrinal and legal proposals and warnings.

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