Riekkinen, M.A. Constructive protest in constitutional law: an idealized myth or a potential reality?

Abstract: This article contains an attempt to provide definition and contents of the category “constructive protest” as a mechanism for the implementation of the right to participate in the affairs of the state, as guaranteed by Art. 32 of the Constitution of the Russian Federation. According to her concept the protest should be aimed at achievement of the final result: provision of a specific request to the public government bodies or a possible solution of a specific public law problem. The author recognizes only peaceful actions as legitimate protest, considering any violations of public and legal order in the process of expressing disagreement to be unlawful and to be punished by the law. She makes a conclusion that the sanctions for the violation of the procedure for the protest expression cannot serve as the only stimulating means for the citizens to express constructive protest. The goal to improve legal culture of the citizens is one of the most important issues in the path of optimizing the dialog between the state and civil society.

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