90. On Refusal to Accept for Consideration the Inquiry of the Highest Officials of a Number of Subjects of the Russian Federation Concerning Verification of the Constitutionality of Several Provisions of the Federal Constitutional Law “On the Judicial System of the Russian Federation”

1999 ◽  
Vol 35 (2) ◽  
pp. 12-17
Author(s):  
M.V. Baglai ◽  
N.V. Selfznev
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.


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


The article deals with the issues of correlation of constitutional (charter) justice and administrative proceedings exercised by courts of general jurisdiction while implementing judicial control. Having interpreted the provisions of Federal Constitutional Law «On the Judicial System of the Russian Federation» and the Russian Code of Administrative Proceedings, the authors show the shortcomings inherent in the current legal regulation of the competence of the judiciary, its inaccuracy, which leads to possibility of different interpretations of the rules. The norms of the Code of Administrative Proceedings may create so-called dual jurisdiction when the same case falls into the jurisdictions of a court of general jurisdiction and a regional constitutional (charter) court. To prevent such a situation, in those sub-federal entities where regional constitutional (charter) courts are created it is the responsibility of these courts to deal with cases contesting normative legal acts of regional and local levels. For this purpose the authors substantiate the need to improve the regulation of the powers of courts of general jurisdiction in the field of administrative law control, taking into account related institutions of constitutional justice. In particular, they propose some amendments to the Law of the Sverdlovsk region «On the Charter Court of the Sverdlovsk region».


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.


10.12737/1142 ◽  
2013 ◽  
pp. 18-26 ◽  
Author(s):  
Александр Чертков ◽  
Aleksandr Chertkov

In article the constitutional bases of change of the status of the subject of the Russian Federation are analyzed. Prospects of adoption of the federal constitutional law on the matter, its basic provisions are predicted. Stages of change of constitutional legal status of the subject of the Russian Federation, the main directions of realization of this process and its restriction are offered.


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