3 Contemporary Treaty-Making in the Russian Federation

Author(s):  
Butler William E

This chapter discusses Russia's standard procedures for entering into an international treaty. The 1969 Vienna Convention on the Law of Treaties and Russian international legal doctrine offer general guidance. In addition, certain requirements are imposed by the 1993 Russian Constitution, 1995 Law on treaties, edicts of the President and decrees or regulations of the Government, other federal laws, and subordinate legal acts of the Russian Federation. Aside from these, the chapter describes how, within a vast government, uniformity of approach and understanding is achieved with respect to treaty-making and how institutional memories are preserved with respect to past practices. As such, the chapter examines subjects ranging from the power to conclude treaties, to draft decisions and treaty proposals, to submissions to government, treaty signatures, and even the termination of a treaty's application.

2020 ◽  
Vol 1 ◽  
pp. 5-15
Author(s):  
V. V. Ershov ◽  
◽  
E. A. Ershova ◽  

The article researches theoretical and practical problems of federal legal acts containing principles and norms of labour law: Constitution of the Russian Federation, federal constitutional laws, federal laws, legal decrees of the President of the Russian Federation, legal decrees of the Government of the Russian Federation and legal acts of other federal bodies of state power.


2021 ◽  
Vol 12 (3) ◽  
pp. 783-802
Author(s):  
Petr P. Kremnev ◽  

The article provides a conceptual and theoretical analysis of the hierarchy of conventional and customary universally recognized principles and norms of international law in relation to the Russian Constitution and federal legislation. The author points out the imperfection of the relevant provisions of the Constitution of the Russian Federation in relation to the generally recognized principles and norms of international law. It is noted that provisions of only ratified treaties of Russia have precedence over the norms of the laws of the Russian Federation and examples and consequences of violations of the procedure for ratification of treaties are provided. The main aspects of the origin and content of generally recognized principles and norms of international law are considered, as well as the difference between jus cogens norms and erga omnes obligations is shown with concrete examples. A doctrinal analysis of the legal nature, and the process of formation, of universally recognized principles of international law, as well as the relationship between jus cogens norms and erga omnes obligations is presented. The author notes the peculiarities of some legal systems of the world in relation to the legal position on the supremacy of Islamic Sharia law over the obligations of a number of Muslim States under human rights treaties. The article also points to the universal recognition of the domestic legal doctrine of ten “basic principles” of international law and, in addition, substantiates the existence and consolidation in modern international law of another ten norms of jus cogens and erga omnes obligations.


2021 ◽  
Vol 3 (3) ◽  
pp. 226-0
Author(s):  
Andrei Serebriakov

Rule-making on the regulation of science is actively developing. Every year, the state authorities adopt an administrative number of acts regulating various aspects of the activities of the scientific community. Often, documents introduce editorial changes, but some of them contain new provisions that significantly change the life of a scientist. For this reason, it is important to always be aware of the current state of the regulatory legal framework on the regulation of science, to understand the agenda of this process. The review contains information on the main regulatory legal acts on the regulation of the scientific and technical sphere for eight months of 2021. The documents are divided into groups according to their legal force: federal laws; decrees of the President of the Russian Federation; acts of the Government of the Russian Federation; departmental regulations of the Ministry of Science and Higher Education of the Russian Federation; recommendations of the Presidium of the Higher Attestation Commission of the Ministry of Education and Science of Russia.


2021 ◽  
Vol 1 ◽  
pp. 14-18
Author(s):  
Vladimir N. Kharkov ◽  

Based on the analysis of the norms of the Russian Constitution in the context of the 2020 amendments aimed at modernizing the functioning of public authorities, the article considers topical issues of the development of constitutional principles of environmental protection and nature management in the light of problems of ensuring environmental safety and environmental well-being of Russian citizens; the article considers promising areas of legal support for environmentally sustainable development, one of which should be the consolidation of the responsibility of the Government of the Russian Federation to ensure effective activities in the field of environmental protection and nature management, which will contribute to the achievement of the national goals of environmental development.


2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Сергей Боголюбов ◽  
Syergyey Bogolyubov

The global situation in the sphere of natural resources determines the legal basis of responsibility of individual states for rational use and protection of these resources. In the Russian Constitution and Russian legislation provide the powers of the Russian Federation in the sphere of sustainable development and rational use of land, subsoil, water, forests, wildlife, recognition and justification of its sovereignty. The independence of Russia in the field of nature management and environmental protection is based on international principles, Federal laws and regulations, and justified by the environmental vector of the national economy modernization, legislation, and manifested in the implementation of free citizens´ access to natural resources, participation in discussion, adoption of ecologically important decisions, in development of the independent state and public environmental expertise of economic projects, strategic assessments of environmental situations.


2021 ◽  
Vol 5 (2) ◽  
pp. 159-169
Author(s):  
I. A. Tretyak

The subject. The article is devoted to constitutional conflict about distrust to the Government of the Russian Federation and constitutional norms that regulated such conflict and were changed during the constitutional reform in 2020. The author analyzes such transformation in legal regulation and try to find causes for this changes. And also the author provides a constitutional-conflict diagnostic of new constitutional norms to identify conflictogens.Purposes of the paper are to find a legal reasons for transformation of constitutional norms about distrust to the Russian Government and to prevent an appearance in future long term of serious constitutional conflict by finding its conflictogens.The methodology of the study includes a new methodology of a constitutional legal science – constitutional-conflict diagnostic. The constitutional-conflict diagnostic is a system of consistently applied scientific methods, legal principles and presumptions aimed at obtaining information about the constitutional conflict and the constitutional-legal methods of its prevention and resolution. The constitutional-conflict diagnostic includes group of methods: dialectical and systemic methods, as well as structural and functional method; a group of private-scientific methods (historical, methods of formal logic: analysis, comparison). The formal-legal, comparative legal methods and a method of modeling of legal consequences are also used.The main results and scope of their application. The constitutional reform of 2020 year complicated the procedure for resolving the constitutional conflict of trust to the government and introduced a subject-status misbalance in part 4 of Article 117 of the Russian Constitution, expressed in the unmotivated and unjustified possibility of the president to had no activities for resolving such conflict.Legal modeling of the simultaneous implementation of the provisions of parts 3 and 4 of Article 117 of the Russian Constitution revealed the possibility of alternating procedures for expressing trust and denying in confidence to the government, which was absent before the constitutional reform.From a formal legal point of view and a conflictological approach, the amendments to Part 4 of Article 117 of the Constitution of the Russian Federation cannot be explained, and they are a certain «opportunistic maneuver» to the Russian Parliament.


Author(s):  
Egor Krivosheev

This article discusses the questions of application of international treaties concluded on behalf of the Russian Federation, the Government of the Russian Federation, federal executive branches, or authorized organizations. The subject of this research is the constitutional norms of the Russian Federation and other normative legal acts that regulate the procedure for concluding, executing and terminating the international treaties of the Russian Federation, legal provisions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, as well as scientific works on the topic. Special attention is given to the analysis of the constitutional principle that the international treaties of the Russian Federation are part of the legal system of the country. The author reveals the gaps in the current legislation of the Russian Federation specifying the constitutional provisions on the conditions for application of international treaties in the Russian Federation. It is established that the 2020 constitutional reform has improved the mechanism for protecting state sovereignty, and led to formulation of the constitutional-legal condition for application of the decisions of intergovernmental bodies adopted based on the provisions of international treaties of the Russian Federation. The article makes recommendations for the improvement of constitutional-legal regulation of application of international treaties of the Russian Federation. The conclusion is drawn on the existence of mandatory (compliance of the international treaty with the Constitution of the Russian Federation, its formalization, enactment, and consent to its universal binding), as well as optional (publication of domestic acts for application of the international treaty) constitutional-legal conditions for application of international treaties of the Russian Federation.


Author(s):  
Л. В. Вереина ◽  
А. В. Котлова

Правительство Российской Федерации утвердило план развития инфраструктуры Северного морского пути (далее – СМП) до 2035 г. Грузооборот Северного морского пути к 2035 г. должен увеличиться в восемь раз, достигнув показателя в 160 млн т. Российская Федерация ведёт активную работу по обновлению ледокольного флота и портовой инфраструктуры. В Российской Федерации СМП рассматривается как исторически сложившаяся национальная транспортная коммуникация, что, на наш взгляд, соответствует нормам международного права. Вместе с тем, не все зарубежные государства придерживаются российского подхода к правовому статусу СМП. Так, например, Соединенные Штаты Америки заявляют о необходимости интернационализации СМП по мере освобождения данной водной артерии от льда. В качестве примера усиливающегося политического и экономического давления западных стран в отношении России можно привести отказ не-скольких крупных компаний от использования СМП для перевозки грузов под предлогом охраны окружающей среды. Ряд других зарубежных стран также имеют свою точку зрения по вопросу определения правового статуса и режима судоходства по Северному морскому пути. Поскольку Франция является одним из ведущих государств Европейского союза, членом Североатлантического альянса, одним из двенадцати неарктических государств, являющихся наблюдателями в Арктическом совете, а также государством, которое обозначило себя как «полярное государство», считаем целесообразным рассмотреть французскую международно-правовую доктрину о статусе Северного морского пути. The Government of the Russian Federation approved the plan for the development of the Northern Sea Route (hereinafter – SMP) until 2035. The cargo turnover of the Northern Sea Route by 2035 is expected to increase eight-fold up to 160 million tons. The Russian Federation is actively working to renew the icebreaker fleet and port infrastructure. In Russia, the SMP is regarded as a historically established national transport communication which, in our opinion, corresponds to the norms of international law. At the same time, not all foreign states adhere to the Russian approach to the legal status of the SMP. For example, the USA advocates the internationalization of the SMP. The popular wisdom is that the SMP is the international strait. As an example of the increasing political and economic pressure of Western countries toward Russia is the refusal of several large companies to use SMP under the pretext of environmental protection. As France is one of the leading states of the European Union, a member of the NATO, one of the twelve non-Arctic states that are observers in the Arctic Council and a state which identifies itself as a “polar” state, examining the French international legal doctrine concerning the status of the Northern Sea Route has to be relevant.


In the article, a comparison is made between constitutional review and judicial review exercised by courts of general jurisdiction in Russia on the basis of comparative-law methodology. The author concludes that it is necessary to empower citizens with the right to consider their appeals within the framework of abstract review by courts of general jurisdiction. A proposal has also been formulated on granting the right to appeal for the protection of the rights of citizens and their associations within the framework of the Russian Code of Administrative Procedure (CAP), the Commissioner for Human Rights in Russian Federation, the Commissioner for Children’s Rights, the Commissioner for the Rights of Business-Owners, and also the other Commissioners for these areas on the subjects of the Russian Federation, and the deputies of all levels – from municipal to federal. The author states that with the adoption of the CAP, the problem of checking federal regulations that have less legal force than Decrees of the Government of the Russian Federation for compliance with the Russian Constitution has not been resolved. It is suggested vesting the courts of general jurisdiction with the right to exercise administrative and judicial control over compliance of such acts with the Russian Constitution. The article reveals the problem of lack of terminological unity in the legal regulation of similar institutions of constitutional and administrative judicial review. The need to unify a number of norms of constitutional and administrative legislation on regulatory control issue is emphasized.


2021 ◽  
Vol 128 ◽  
pp. 03010
Author(s):  
Dmitry Bagretsov ◽  
Boris Voronin ◽  
Elena Chebykina

The Federal Service for Veterinary and Phytosanitary Surveillance (Rosselkhoznadzor), located in the structure of the Ministry of Agriculture of the Russian Federation, implements control and supervisory activities by a specially authorized state authority in the field of quality and safety of agricultural products, raw materials and food, checks legal entities and individual entrepreneurs in the implementation of their activities, compliance with its requirements, established by federal laws and other regulatory legal acts of the state executive authority in this area. Structural divisions of the Rosselkhoznadzor, for example, the Rosselkhoznadzor Administration for the Sverdlovsk Region, exist in the constituent entities of the Russian Federation. Specialists of this structure carry out functional control and supervisory measures to ensure the quality and safety of agricultural products produced in the Sverdlovsk Region and imported from other regions of the Russian Federation and abroad. Legal regulation of relations in this area is carried out by federal laws, resolutions of the Government of the Russian Federation and other regulatory legal acts that differentially regulate certain areas in the field of quality and safety of agricultural raw materials of plant and animal origin.


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