11. In the Case Concerning Verification of the Constitutionality of Article 111of the Law of the Russian Federation of 1 April 1993 “On the State Border of the Russian Federation” in the Version of 19 July 1997

2000 ◽  
Vol 36 (2) ◽  
pp. 56-62
Keyword(s):  
Russian Federation ◽  
The State ◽  
The Russian Federation ◽  
The Law

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Law enforcement practice of judicial authorities on tax disputes

2021 ◽  
pp. 550-563
Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
Effect Relationship ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law ◽  
Qualitative Characteristics ◽  
State Body

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.

On the question about opposition to the information component aggression of the Russian Federation

2021 ◽  
pp. 59-63
Author(s):  
O. Vasylchenko
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
State Committee ◽  
The State ◽  
Political Rights ◽  
The Media ◽  
The Russian Federation ◽  
The Law

Ukrainian law guarantees freedom of speech and expression. This is in line with international and regional instruments (Convention for the Protection of Human Rights and Fundamental Freedoms, International Covenant on Civil and Political Rights, Declaration of Human Rights) to which Ukraine is a party. Unfortunately, Ukraine is no exception, due to the conflict with the Russian Federation. The Revolution of Dignity of 2014 and the subsequent illegal activities of the neighbouring state (annexation of Crimea, occupation of the territories in the South-East of Ukraine) affected the legislative and regulatory framework of Ukraine regarding freedom of speech and freedom of expression. In order to counter aggression, the state has adopted a number of laws aimed at counteracting foreign interference in broadcasting and ensuring Ukraine’s information sovereignty. The implementation of these laws has been criticized for being seen by NGOs as imposing restrictions on freedom of expression and expression. However, censorship and selfcensorship create another serious restriction on freedom of speech and the press. The Law on Transparency of Mass Media Ownership, adopted in 2015, provides for the disclosure of information on the owners of final beneficiaries (controllers), and in their absence – on all owners and members of a broadcasting organization or service provider. In 2019, Ukraine adopted a law on strengthening the role of the Ukrainian language as the state language, which provides for language quotas for the media. According to the Law on Language, only 10% of total film adaptations can be in a language other than Ukrainian. Ukraine has adopted several laws in the field of information management to counter foreign influence and propaganda. According to the report of the Organization for Security and Cooperation in Europe, for the period from January 1, 2017 to February 14, 2018, the State Committee banned 30 books published in the Russian Federation. Thus, for the first time faced with the need to wage an “invisible” war on the information front, Ukraine was forced to take seriously the regulation of the media and the market. By imposing a number of restrictions on a product that can shake sovereignty and increase the authority of the aggressor in the eyes of citizens, the legislator, guided by the needs of society, also contributes to the promotion of Ukrainian (for example, by introducing quotas).

scholarly journals Language Policy of the Russian Federation

2020 ◽  
Vol 22 (22) ◽  
pp. 165-177
Author(s):  
Vesna Kosmajac ◽  
Keyword(s):  
Language Policy ◽  
Russian Federation ◽  
The State ◽  
Russian Language ◽  
The Status ◽  
The Russian Federation ◽  
The Law ◽  
The Government ◽  
The Russian Language ◽  
State Language

This paper presents a sociolinguistic analysis of the current linguistic situation in the Russian Federation. Preservation and development of the Russian language represents the national interest of the state. The Russian language has the status of a state language, but, given the large number of ethnic groups living on the territory of Russia, it must not jeopardise other national languages, as this could lead to inter-ethnic conflicts. Some of the key issues Russia is currently facing in this field are: the process of globalisation, the uncontrolled penetration of anglicisms into the Russian language, the adverse impact of the Internet and social networks on literacy, especially with the younger population. All valid rules of the Russian orthography are, in fact, prescribed by the Government of The Russian Federation. Laws regulating the area of language policy are the Constitution of the Russian Federation, the Law on the Languages of the Peoples of the Russian Federation, and the Law on the State Language of the Russian Federation.

scholarly journals A Rational Model of the Constitutional Regulation

Lex Russica ◽  
2019 ◽  
pp. 70-82
Author(s):  
A. A. Liverovskiy
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Social Relations ◽  
The State ◽  
The Body ◽  
Constitutional Court ◽  
Natural Origin ◽  
Legal Principles ◽  
The Russian Federation ◽  
The Law

25 years of influence of the Constitution of the Russian Federation on public relations in our State has radically changed the idea of the Constitution and Constitutional Law. Admission of the Constitution of the Russian Federation by the society marked the formal recognition of social values spelled out in the Constitution and the nature of the legal principles implementing these values that are generally recognized by international law. The system of constitutional principles of natural origin became the basis for the constitutional regulation of social relations. The natural origin of legal principles means that they emerged in legal reality as a result of rational activity of a man, not only in terms of legitimizing the natural rights inherent in the man from birth, but also within the framework of their corrective impact on state regimes in light of promotion of civil rights and human freedoms. The natural origin of the constitutional principles gives an objective character to the constitutional regulation, and their predetermination and supremacy in relation to the influence of the legislative activity of the State power allows to create a constructive dichotomy of the constitutional and legislative regimes. In the theoretical and legal sense, constitutional principles as regulators of social relations constitute the “law of the Constitution”. Its fundamental part consists of the basic constitutional principles that determine the foundations of the constitutional system. The paper defines the mechanism of influence of constitutional principles on public relations that is different from the normative regulation: constitutional principles, in contrast to the norms acting in full compliance with their content, act in accordance with a a certain detectable extent of its content. Legal development of constitutional regulation arises from the interpretation of constitutional principles by the Constitutional Court of the Russian Federation. Resolving cases with regard to the constitutionality of normative legal acts, the body of constitutional justice creates legal stances — new constitutional regulators of social relations that not only correct the constitutional development of the State, but also are the law-making characteristics of the decisions. Using the construction of constitutional regulation, the author proposes an actual understanding of the problem of constitutional identity.

scholarly journals Individual and Authorities: Principle of Sustaining Citizens’ Trust to the Law and Actions of the State

2019 ◽  
pp. 143-158
Author(s):  
Alexey Semitko
Keyword(s):  
Russian Federation ◽  
The State ◽  
Constitutional Court ◽  
Social Conventions ◽  
Legal Principles ◽  
The Public ◽  
Russian Constitution ◽  
Legitimate Expectations ◽  
The Russian Federation ◽  
The Law

The paper analyzes the principle of sustaining citizen’s trust to the law and actions of the state in the system of individual / authorities relations. This principle is introduced into the Russian legal system by rulings of the Constitutional Court of the Russian Federation possessing the legal force of the Russian Constitution. However, the Supreme Law itself does not feature this property in the text. It is accordingly required – which is the purpose of this paper – to study this principle’s notion, content, nature, character, scope and place in the system of other legal principles, including those established in the Constitution of the Russian Federation, some of which are referenced by the Court in its rulings to justify the identification of the analyzed principle. To solve the above tasks, methods of interpreting official legal texts were applied (systemic, special legal and logical methods), as well as the anthropological approach. It is established that the researched principle is a general legal (universal) principle that stands on its own in the system of principles and is associated with the need for the whole state’s activity to comply with the established value, moral and ideological beliefs, generally accepted social conventions, etc., i.e. society’s legitimate expectations, which defines its scope and applicability. The recognition and respect of human dignity is central in society’s legitimate expectations from the state as it implements its activities. The latter requirement is fundamental for this principle and the public trust to state’s activities that is shaped during its realization; at the same time, such requirement is a criterion of how aligned state’s actions are with the society’s legitimate expectations. The novelty of this approach rests on identifying closely interconnected grounds, features, content and scope of the researched principle.

scholarly journals Significance of Legal Symbols in the Russian Federation

2019 ◽  
Author(s):  
Olga Viacheslavovna Kosatkina
Keyword(s):  
Comparative Analysis ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
The Russian Federation ◽  
The Law

The article considers the scope of legal symbolism in relation to the modern needs of society and the state. The research methods used in this article included general methods of cognition, as well as special methods used in the field of law, including interpretation of the law and comparative analysis. The obtained results can be used for informative, methodical and educational purposes.

scholarly journals PROBLEMS OF LEGISLATIVE REGULATION OF DETENTION OF PERSONS PERFORMING CERTAIN TYPES OF PUBLIC LEGAL ACTIVITY

2020 ◽  
pp. 41-48
Author(s):  
Владимир Юрьевич Стельмах
Keyword(s):  
Russian Federation ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
The State ◽  
Court Decision ◽  
Criminal Prosecution ◽  
Court Decisions ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
The Law

В статье рассматриваются вопросы нормативного регулирования избрания меры пресечения в виде заключения под стражу в отношении лиц, выполняющих определенные виды публично-правовой деятельности и в силу этого наделенных законодательством иммунитетом от уголовного преследования; порядок рассмотрения компетентными государственными органами ходатайств органов предварительного расследования и прокуратуры о лишении лица иммунитета от уголовного преследования; анализируются положения уголовно-процессуального закона и иных нормативных актов, регламентирующих правовой статус лиц, обладающих данным иммунитетом. Особое внимание уделяется порядку избрания меры пресечения в виде заключения под стражу в отношении членов Совета Федерации, депутатов Государственной Думы и судей. Предлагаются корректировки уголовно-процессуального закона и закрепление положений об обязательности получения согласия компетентного государственного органа на избрание, а не на исполнение меры пресечения в виде заключения под стражу. The article deals with the problems of regulatory regulation of detention of persons performing certain types of public legal activities, for which immunity from criminal prosecution is established. The special features of the detention of these persons are provided for by the Criminal Procedure Act, as well as other normative acts. At present, the law establishes that a court decision on detention against members of the Federation Council, deputies of the State Duma and judges is executed with the consent of the Chamber of the Federal Assembly of the Russian Federation or the qualification board of judges. Taking into account the principle of the independence of the court and the obligation of court decisions, it is proposed to amend the law and to provide for the consent of these bodies to choose this preventive measure, rather than to implement the court decision.

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