Conclusions

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
International Law ◽  
Direct Effect ◽  
Russian Federation ◽  
Good Faith ◽  
Legal Norms ◽  
Legal Obligations ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Russian Law ◽  
Domestic Law

This concluding chapter reviews the major developments of the Russian treaty. It argues that the legal system of the Russian Federation contains two different kinds of law-international law and domestic law. Here, two distinctions are drawn with respect to international-legal norms: those having direct effect and not requiring domestic legislation in order to implement them, and those not having direct effect precisely because they do require implementing legislation. Although international law requires States acting in good faith to implement international legal obligations, in practice often that implementation never happens or occurs with great delay. Although not without controversy, the better position seems to be that generally-recognized principles and norms of international law enjoy priority over norms of Russian law which provide otherwise.

Equal to the Constitution: the Sources of Law of Highest Legal Force in the Russian Federation

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Михаил Пресняков ◽  
Mikhail Pryesnyakov
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Constitutional Law ◽  
The Other ◽  
Constitutional Court ◽  
Legal Norms ◽  
Other Hand ◽  
The Russian Federation ◽  
Juridical Acts ◽  
The Right

In article the question of validity of the Constitution of the Russian Federation and some other sources of the right which can also possess the highest validity is considered. In particular the author comes to a conclusion that legal positions of the Constitutional Court of the Russian Federation possess the highest validity and in total with the constitutional provisions represent the actual Constitution. On the other hand, both laws on amendments to the Constitution, and the universally recognized norms of international law on the validity stand below constitutional precepts of law. Acts of the Constitutional Assembly of the Russian Federation may in future be qualified as having the highest judicial effect. Such acts may abolish or change any provision of the present Constitution. At the same time the universally recognized norms of international law and the laws of the Russian Federation regulating amendments to the Constitution of the Russian Federation as independent juridical acts and sources of constitutional law are inferior as compared with the constitutional legal norms.

8 Generally-Recognized Principles and Norms of International Law

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
International Treaties ◽  
State Practice ◽  
Russian Constitution ◽  
Recent Addition ◽  
The Russian Federation ◽  
Russian Law

This chapter studies the generally-recognized principles and norms of international law as an integral part of the Russian legal system. Most international lawyers would "rank" them higher than mere treaties because they are more fundamental, more universal, perhaps more venerable at least in origin. Indeed, in Article 15(4) of the 1993 Russian Constitution they are enumerated ahead of international treaties of the Russian Federation. However, they become important in Russian law and State practice precisely because they are provided for in Article 15(4) and thus are a comparatively recent addition to the repertoire of rules which Russian institutions, officials, and courts must apply, as a rule in priority over Russian normative legal acts. Chronologically, therefore, they appear in the Russian legal system long after treaties.

scholarly journals Problems of incorporation of the principles of international law into the system of normative legal support of social welfare of the Russian Federation and their impact upon training of personnel for social services

2021 ◽  
pp. 1-9
Author(s):  
Svetlana Alekseevna Novikova ◽  
Igor' Olegovich Nadtochii
Keyword(s):  
Social Welfare ◽  
International Law ◽  
Social Workers ◽  
Social Services ◽  
Russian Federation ◽  
Social Life ◽  
Modern World ◽  
Legal Norms ◽  
Long Time ◽  
The Russian Federation

The subject of this article is the theoretical and practical aspects of application of the experience of other countries of the modern world (from the perspective of the concept) in the process of raising the effectiveness of social welfare system of the Russian Federation as a whole, and the system of training social workers in particular. Since the late XX century, key difference of the current stage of global development, and namely of international law is the gradual shift of legal norms and political practice away from the traditional concepts of economic, social and humanistic policy, which for a long time formed the fundamental discourses of the domestic and international social life. The author states the fact on the need accelerate inclusion of the Russian Federation into the global social cont1ext on both, theoretical and practical levels. Reception of the norms of international law, especially of humanistic nature, historically contributed to the improvement of legal systems of the so-called counties of “catch-up development”; in a certain way, the Russian Federation can also be attributed to this group. On the one hand, Russia has a rich tradition of creating the norms of perfect social legislation (including a fairly effective system of training social workers), whole on the other hand, in recent years we can observe the processes of “erosion” of social rights of the citizens.

scholarly journals Expert opinion on a new Russian law "On Freedom of Conscience and on Religious Associations"

1999 ◽  
pp. 66-76
Author(s):  
A. V. Pchelyntsev ◽  
V. V. Ryakhovsʹkyy
Keyword(s):  
International Law ◽  
Expert Opinion ◽  
Russian Federation ◽  
The State ◽  
Federal Law ◽  
Freedom Of Conscience ◽  
Legal Assessment ◽  
Religious Associations ◽  
The Russian Federation ◽  
Russian Law

Legal assessment of the provisions of the Federal Law "On Freedom of Conscience and Religious Associations" (adopted by the State Duma of the Russian Federation on September 19, 1997, approved by the Federation Council on September 24, 1997, signed by the President of the Russian Federation B. Yeltsin on September 26, 1997, was officially published and legalized the forces of October 1, 1997), which contradict the Constitution of the Russian Federation and generally accepted norms of international law

Works Councils in Russia: Balance of Economic and Social Rights

10.12737/3466 ◽  
2014 ◽  
Vol 2 (5) ◽  
pp. 95-104
Author(s):  
Никита Лютов ◽  
Nikita Lyutov
Keyword(s):  
Russian Federation ◽  
Good Faith ◽  
Social Rights ◽  
Industrial Democracy ◽  
Economic Rights ◽  
Works Councils ◽  
The Real ◽  
The Russian Federation ◽  
German System ◽  
Russian Law

The Labour Code of the Russian Federation was amended in 2013 in a way that a new body of workers’ representation — works councils — can be established. These amendments don’t add any new rights or obligations neither to employers nor to employees. They are made with purely political purposes and only imitate the creation of the analog of the well-known German system of works councils. The author comes to conclusion that currently existing rights in informing and “taking into account” the workers’ representative body opinion, contained in the Russian Labour Code, are not sufficient for existence of the real industrial democracy. The article is aimed at answering the question, whether an implementation of functioning works councils may be beneficial to the adequate balancing of social rights of workers and economic rights of the employers. Although the full transposition of the German works councils system seems to be impossible, some of its positive features may be effectively adopted in the Russian law. For example, the employer’s obligation to consult workers shouldn’t be dependent on the existence of the workers’ representative bodies. Besides, a range of issues that are subject to the mandatory informing of workers by the employer must be significantly broadened. The procedure of consultations must include the real negotiations between the employer and employees on the basis of good faith principle.

Reconsidering Dualism: The Caribbean Court of Justice and the Growing Influence of Unincorporated Treaties in Domestic Law

2007 ◽  
Vol 6 (2) ◽  
pp. 233-268
Author(s):  
David Aaron
Keyword(s):  
International Law ◽  
Legislative Process ◽  
Legal Norms ◽  
Court Of Justice ◽  
Domestic Legislation ◽  
The Caribbean ◽  
Caribbean Court Of Justice ◽  
Willingness To Use ◽  
Human Rights Standards ◽  
Domestic Law

AbstractIn dualist states, international and domestic legal commitments have traditionally existed on entirely separate planes. Despite the evolution of international legal norms since the end of the Second World War, courts in dualist states have continually opposed using international law to interpret domestic legislation. The author suggests that the traditional dualist view, in which international treaty commitments have no domestic effect until incorporated through the dualist state's domestic legislative process, is weakening.This paper begins with an overview of the monist-dualist distinction in international law and explains dualism's approach to the relationship between domestic and international law. The next section of the paper explores traditional dualist jurisprudence on the role of unincorporated treaties in domestic law and explains why judges have clung to a rigid application of dualism. The weakening of this inflexible approach is then examined, culminating in an analysis of the pivotal recent judgment of the Caribbean Court of Justice in Boyce. This paper concludes that dualism is waning, particularly in cases where domestic law falls short of international human rights standards, as courts demonstrate an increased willingness to use unincorporated treaties as interpretive aids when construing and applying domestic law.

THE LEGAL FRAMEWORK FOR CYBERSECURITY IN THE RUSSIAN FEDERATION

2021 ◽  
Vol 14 (4) ◽  
pp. 260-265
Author(s):  
ANNA SEREBRENNIKOVA ◽  
Keyword(s):  
International Cooperation ◽  
Russian Federation ◽  
Mutual Influence ◽  
Legal Framework ◽  
Russian Society ◽  
Legal Doctrine ◽  
Legal Norms ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Criminal Legislation

The article is devoted to the study of domestic sources of law in the field of cybersecurity. Based on a generalization of sources in the field of international law, criminal legislation of foreign states and provisions developed in the Russian legal doctrine, the author concludes that it is impossible to effectively combat cybercrime when using the tools of a single state. The need for international cooperation in the designated area is a red line in all program and regulatory documents of the industry. Purpose of the article: The purpose of the article is to analyze international legal norms, current domestic legislation for the possibility of improving the criminal law mechanism for countering manifestations of "harassment" in Russian society. Methodology and methods: in this study, the author makes extensive use of methods of analysis, synthesis, induction, as well as the method of interpreting legal norms. Conclusions: as a result of the study, the author comes to the conclusion that it is necessary to ensure the global security of cyberspace by improving the legislation of the Russian Federation and effective international cooperation. In this article, the author presents the genesis of the normative consolidation of the mechanism for countering cyber threats, analyzes the mutual influence of sources of international and state law, considers the main provisions of program and conceptual documents that indicate the essence of Russia's legislative initiatives in the relevant area. The author concludes that taking into account international experience in this issue will contribute to the effectiveness of the reforms. Scope of the results: the material of the article is addressed to students of higher educational institutions, as well as graduate students conducting scientific research in the framework of research. In addition, the conclusions of this article can be used by teachers of law schools as a scientific and methodological material.

scholarly journals Certain features of using of the "estoppel" doctrine in civil proceedings of the Russian Federation

2019 ◽  
pp. 167-171
Author(s):  
Anna V. Ivkova ◽  
Yelizaveta S. Krotova
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Procedure ◽  
The State ◽  
Good Faith ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation

The "estoppel" concept and the issues of applying the "estoppel" rule in international law and Russian civil law are considered in this paper. Procedural legislation novels stipulated in the Concept of the Unified Civil Procedure Code of the Russian Federation, approved by the Committee on Civil, Criminal, Arbitration and Procedural Legislation of the State Duma of the Federal Assembly of the Russian Federation on December 8, 2014, are noted here. The authors propose amendments to the civil procedural legislation, which will allow to apply the "estoppel" rule in civil proceedings. Particularly the authors propose to supplement Article 12 of the Civil Procedure Code of the Russian Federation with part 3, including in it the obligation of the party to act in good faith in the exercise and protection of their rights and obligations. The authors indicate what exactly should be understood as unfair behaviour in this context.

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