FEATURES OF DIRECT DEMOCRACY IN SWITZERLAND: POLITICAL AND LEGAL ANALYSIS

Svitlana Denysiuk
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Abstract

The tools of realization of direct democracy in Switzerland are considered. The Swiss political system, levels of government and distribution of powers between institutions are analyzed. Emphasis is placed on the fact that direct democracy allows the population to directly influence important decisions at all levels. Swiss citizens have the opportunity to vote on their own through a popular initiative and a referendum, which is optional and mandatory. The historical principles of development of instruments of direct democracy are considered. Assumptions are made about possible risks and shortcomings in the process of implementing direct democracy. The point is that extreme right-wing forces may abuse the instruments of democracy to amend existing legislation. The goal is to promote politicians' own interests. With the help of political technologies, in particular the use of populist slogans, inaccurate statistics and false facts, the leaders of radical parties manipulate the opinion of citizens, inciting them to put forward certain projects to national referendums. The assumption is substantiated that the vote of citizens can lead to the tyranny of the majority. Legislation and responsibility of citizens minimize the risk of such a scenario. The political and legal bases for the use of direct democracy in Switzerland are analyzed. Comparing the advantages and risks of decision-making with such a system, it is concluded that it is optimal for today. The focus of Switzerland's direct democracy is a compromise dialogue between citizens and the authorities. The draft law «On Local Referendum» № 5512 was considered. Its purpose is to return to the citizens of Ukraine the constitutional right to independently resolve issues of local significance by the territorial community by direct vote. Suggestions for improving the content of this bill have been formulated. We are talking about: the expediency of dividing referendums into types; analysis of the percentage of turnout when considering issues of local importance, increasing the number of questions for voting, etc. It is noted that in order to successfully use the Swiss experience in Ukrainian society, these proposals require broad discussion with the involvement of political scientists and lawyers, awareness of their own responsibility to politicians and the public.
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瑞士直接民主的特点:政治与法律分析
讨论了在瑞士实现直接民主的工具。瑞士的政治制度,各级政府和机构之间的权力分配分析。强调的是,直接民主使人民能够直接影响各级的重要决定。瑞士公民有机会通过全民倡议和公民投票进行自己的投票,这是可选的和强制性的。考虑了直接民主工具发展的历史原则。对实施直接民主的过程中可能存在的风险和不足进行了假设。问题的关键是,极右翼势力可能滥用民主手段来修改现有立法。其目的是促进政治家自身的利益。在政治技术的帮助下,特别是利用民粹主义口号、不准确的统计数字和虚假的事实,激进政党的领导人操纵公民的意见,煽动他们向全国公民投票提出某些项目。公民的投票可能导致多数人的暴政,这一假设得到了证实。立法和公民的责任将这种情况的风险降到最低。分析了瑞士实行直接民主的政治和法律基础。比较了该系统决策的优势和风险,得出了当前最优的结论。瑞士直接民主的重点是公民与当局之间的妥协对话。审议了第5512号《地方公民投票法》草案。其目的是恢复乌克兰公民的宪法权利,由领土共同体通过直接投票独立解决具有地方意义的问题。对该法案的内容提出了改进意见。我们讨论的是:将公民投票分为不同类型的权宜之计;在考虑当地重要问题、增加投票问题数量等时分析投票率。值得注意的是,为了在乌克兰社会中成功地利用瑞士的经验,这些建议需要在政治学家和律师的参与下进行广泛的讨论,并认识到他们自己对政治家和公众的责任。
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