Re Review of Constitutionality of the Treaty between the Russian Federation and the Republic of Crimea on the Accession of the Republic of Crimea to the Russian Federation and on Forming New Constituent Entities within the Russian Federation that has Not Entered into Legal Force

2021 ◽  
Vol 195 ◽  
pp. 374-386

374Treaties — Ratification — Application — Treaty between Russia and Republic of Crimea on the Accession of the Republic of Crimea to Russia and on Forming New Constituent Entities within the Russian Federation, 2014 — Treaty not yet in force — Constitutional review of treaty as a prerequisite for ratification — Ratification necessary before international treaty can enter into force — Signature of Treaty by Russian President — Date of entry into force — Whether Treaty can be applied before entry into force — Vienna Convention on the Law of Treaties, 1969 — Procedure for signature, conclusion and enactment of Crimea Accession Treaty — Treaty provision content — Whether compatible with Constitution of Russian FederationRelationship of international law and municipal law — Treaties — Signature — Ratification — Application — Treaty between the Russian Federation and the Republic of Crimea on the Accession of the Republic of Crimea to the Russian Federation and on Forming New Constituent Entities within the Russian Federation, 2014 — Compatibility with Constitution of Russian Federation — Constitutional review of Treaty prerequisite for ratification — Article 128(3) of Constitution — Federal Constitutional Law on the Constitutional Court of the Russian Federation — Federal Constitutional Law on Accession to the Russian Federation and Establishment of a New Constituent Entity within the Russian Federation — Whether Treaty can be applied before entry into force — Vienna Convention on the Law of Treaties, 1969 — Procedure for signature, conclusion and enactment of Crimea Accession Treaty — Treaty provision content — Whether compatible with Constitution of Russian Federation — Effect of legal acts in new constituent territories — Integration of Russian legal systemTerritory — Acquisition — Accession — Accession of Republic of Crimea to Russian Federation — New constituent territories — Republic of Crimea — Federal city of Sevastopol — Treaties — Treaty between Russian Federation and Republic of Crimea on the Accession of the Republic of Crimea to the Russian Federation and on Forming New Constituent Entities within the Russian Federation, 2014 — Whether accession carried out in accordance with Constitution of Russian Federation — Whether accession carried out in accordance with Treaty — Whether accession carried out in accordance with federal constitutional laws — Whether 375Treaty compatible with Constitution — Procedure for future accessions — Legal status of constituent territories — Regulation of State border — Integrity and inviolability of Russian territory — Constitutional values — Citizenship — Transition period — Military service — Elections — Effect of legal acts in new constituent territoriesNationality — Citizenship — Stateless persons — Crimea acceding to Russian Federation — New constituent territories of Russian Federation — Republic of Crimea — Federal city of Sevastopol — Ukrainian citizens and resident stateless persons at time of accession — Automatic Russian citizenship — Option to retain existing citizenship — Article 5 of Treaty between Russian Federation and Republic of Crimea on the Accession of the Republic of Crimea to the Russian Federation and on Forming New Constituent Entities within the Russian Federation, 2014 — Whether compatible with Constitution of Russian Federation — The law of the Russian Federation

2017 ◽  
Vol 7 ◽  
pp. 175-197
Author(s):  
Natalia Cwicinskaja

On March 18 2014, the Republic of Crimea became a federal subject of the Russian Federation and the Ukrainian legal system was changed to the Russian system. The transition period was set to end on January 1 2015. This transition period was characterized by the fact that the law was created on a day-to-day basis, and as the residents of Crimea were unfamiliar with Russian law they found themselves in a legal vacuum. Laws were adopted in an urgent manner to ensure that the unification was as smooth as possible. In practice it became apparent that the allocated time was not sufficient, and the transition period was extended in some areas. The Article presents a review of the accession procedure and the legal regulations established in the Republic of Crimea during the transition period, and identifies some issues which have arisen.


2020 ◽  
Vol 11 ◽  
pp. 24-28
Author(s):  
Marina P. Bespalova ◽  

The article amendments introduced into the text of the chapter eighth of the Russian Federation Constitution by the federal constitutional law of March 14, 2020 "On improving the regulation of certain issues of the organization and functioning of public authorities" and approved during the All-Russian vote on July 1, 2020 are described and interpreted. It is noted that the fundamental twist in the theory of municipal law was the innovation in the text of Article 132 of the Constitution of the Russian Federation on a unified system of public authorities, which includes both local authorities and bodies of federal entities and federal authorities. Promising directions for the development of legislation in the field of interaction between municipalities and public authorities in the context of the changes to the text of chapter eight of the Russian Federation Constitution are proposed.


Author(s):  
Ella Z. Dzhamil’

Every decision of the constitutional Court of the Russian Federation attracts the closest attention of the legal community, as it affects a wide range of public relations and the development of law in general. There is therefore no surprise about the interest in the Decision of the constitutional Court of the Russian Federation, on the 6th of December, 2018, No. 44-П adopted on business about check of constitutionality of the Law of the Republic of Ingushetia «On approval of the Agreement on the establishment of the border between the Republic of Ingushetia and the Chechen Republic» and the agreement on the establishment of the border between the Republic of Ingushetia and the Chechen Republic in connection with the request of the Head of Ingushetia, which marks another stage in the development of federalism in Russia. The conclusions formulated in this judgement clarify the competence of the Federation Council in terms of establishing the boundaries of constituent entities of the Russian Federation, which explains the issues related to the referendum and to identifi cation of the views of the population of the respective municipalities when such a demarcation takes place, and defi nition of the limits of the discretionary powers of the constitutional (Charter) courts of constituent entities of the Russian Federation, in terms of blocking laws of the subjects. At the same time, many of the legal positions expressed by the Court appear to be at least controversial and need adequate refl ection.


2020 ◽  
Vol 22 (4) ◽  
pp. 6-16
Author(s):  
SERGEY V. PCHELITSEV ◽  
◽  
NATALIA M. ISAYEVA ◽  

On July 4, 2020, the provisions of the Constitution of the Russian Federation, provided for in Article 1 of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation No. 1-FKZ of March 14, 2020, «On improving the regulation of certain issues of the organization and functioning of public authorities» came into force. In this regard, it is important to improve federal legislation in order to bring it in line with the Constitution of the Russian Federation. It is necessary to amend a number of legislative acts of the Russian Federation defining the status of persons holding public office, including federal constitutional laws. For example, Federal law No. 79-FZ of 27 July 2004 “On the state civil service of the Russian Federation” appears to require a number of changes. First of all, it is necessary to clarify the duties of a state civil servant related to the presence (acquisition) of citizenship of a foreign state or a residence permit or other document confirming the right to permanent residence of a citizen of the Russian Federation on the territory of a foreign state. The restrictions provided for by the new provisions of the Constitution of the Russian Federation for civil servants need to be promptly incorporated into the legislation of the Russian Federation on the civil service of the Russian Federation.


2021 ◽  
Vol 1 ◽  
pp. 12-22
Author(s):  
Dzhamilya S. Velieva ◽  
◽  
Mikhail V. Presnyakov ◽  

The article presents an analysis of amendments introduced to the Federal Constitutional Law On the Constitutional Court of the Russian Federation within the framework of the 2020 constitutional reform. The authors review two areas of reformation of operations of the Constitutional Court: the organizational and management aspect and the transformation of powers to carry out constitutional compliance assessment.


2020 ◽  
Vol 12 ◽  
pp. 41-46
Author(s):  
Konstantin V. Malofeev ◽  

The article considers the issue of the place of the institution of the revision of the Constitution of the Russian Federation in the system of the constitutional law industry. In the absence of a special federal constitutional law on the Constitutional Assembly of the Russian Federation, the institutionalization of the revision of the Constitution is a difficult but urgent task.


2015 ◽  
Vol 3 (5) ◽  
pp. 211-218
Author(s):  
Полина Виноградова ◽  
Polina Vinogradova

In modern conditions, changing approaches to the implementation of international law there is both the need and opportunity. The article considers some issues of the relation of national and international law. The legal position about resolution of conflicts of constitutional and conventional interpretations are based on the decision of the Constitutional Court of the Russian Federation on the so-called request for the applicability of decisions of the European Court of Human Rights. Since 2014 there is a new version of Article 101 of the Federal Constitutional Law on the Constitutional Court, which establishes opportunity to apply to the Constitutional Court against the decision of the ECHR. This provision contains an important mechanism for harmonization the constitutional and conventional interpretation.


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