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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13. 10% казахстанцев не определились со своим выбором – директор проектов «Институт демократии»// http:// www. bnews.kz/ ru/news/post/64324

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15. http://www.youtube.com/watch?v=GTsdldvJkww; http:// www.youtube.com/watch?v=3HJtWHnjVTA&feature=player_embedded; http:// www. novayagazeta.ru/inquests/49943. html

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