Change of Constitutional Law Status of Constituent Entity of the Russian Federation

10.12737/1142 ◽  
2013 ◽  
pp. 18-26 ◽  
Author(s):  
Александр Чертков ◽  
Aleksandr Chertkov
Keyword(s):  
Russian Federation ◽  
Stages Of Change ◽  
Constitutional Law ◽  
Legal Status ◽  
Constituent Entity ◽  
The Status ◽  
Federal Constitutional ◽  
The Subject ◽  
The Russian Federation

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.

scholarly journals TO THE ISSUE OF THE LEGAL STATUS OF THE COUNCIL OF MINISTERS OF THE REPUBLIC OF CRIMEA

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 3-10
Author(s):  
M. N. Dubinin
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Systematic Approach ◽  
Organization Structure ◽  
Historical Aspects ◽  
Constituent Entity ◽  
The Status ◽  
The Russian Federation ◽  
The Republic ◽  
Council Of Ministers

The article examines certain aspects of the formation of statehood in the Republic of Crimea after joining the Russian Federation. The author analyzes the historical aspects of the formation of the system of executive authorities of the constituent entity of the Russian Federation, establishes the historical relationships and continuity of the executive authorities of the Republic of Crimea during the stay of Crimea as part of Ukraine and after the events of the «Crimean spring». A systematic approach is applied, which allows transforming the system of executive authorities into an object with its own structure of structure, structure of organization, structure of functioning. The article examines the status of the Council of Ministers of the Republic of Crimea in the structure of government bodies, its powers, and the procedure for its functioning. The article analyzes the norms of the legislation of the Russian Federation and the Republic of Crimea, which regulate the formation and activity of the Council of Ministers of the Republic of Crimea.

scholarly journals The status of a Deputy in the system of the state and municipal positions

2021 ◽  
Vol 2021 (1) ◽  
pp. 54-60
Author(s):  
Alla Gutorova
Keyword(s):  
Internal Structure ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
The Public ◽  
The People ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The article defines the constitutional and legal status of deputies in relation to the system of the state and municipal positions. The Deputy’s mandate gives a Deputy the opportunity to act as a representative of the people, as well as a representative of the authorities. Accordingly, within the framework of constitutional and legal regulation, it is necessary to analyze and compare the term «position» with such terms as «post», «institution» and «deputy position». In the article, the author used formal-legal and comparative methods, which allowed revealing the differences in these terms, disadvantages in the constitutional legal regulation of the position of Deputy in the system of the state positions. As a consequence of the analysis, the author comes to the conclusion that the terms «deputy position», «post», «institution» are identical. Also the author identifies the differences in the terms such as « position of Deputy» and «deputy position». As a result of the election, the candidate gets the position of Deputy, which, in its turn, gives him the opportunity to be elected to the deputy position. At the same time it is not legislatively defined the place of a member of the Federation Council, Deputy of the State Duma, Deputy of the Supreme body of the Executive or Legislature of the Federation’s subject in the system of the public posts. It is necessary to reorganize the internal structure of the legislative authorities to exclude «superior positions» as much as possible, thereby guaranteeing the equality of deputies’ status. However, at the constituent entities, deputies should have the opportunity to influence on the formation of the Executive bodies of the subject of the Russian Federation.

scholarly journals The scenarios for consolidation of the constituent entities of the Russian Federation based on the economic macro-regions

2021 ◽  
pp. 1-16
Author(s):  
Georgii Pavlovich Kornev ◽  
Larisa Stepanovna Korneva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Spatial Development ◽  
Ethnic Composition ◽  
Constituent Structure ◽  
Constituent Entity ◽  
Federal Constitutional ◽  
The Russian Federation ◽  
The Government

The subject of this research is the matters of reforming the federal structure of Russia in the aspect of unification and consolidation of the constituent entities of the Russian Federation that are under discussion in the current political discourse. The object this research is the transformation of the constituent structure of the Russian Federation based on the strategy of spatial development of Russia, federal legislative acts that laid the groundwork for the unification process, primarily the Federal Constitutional Law “On the Procedure of Admission into the Russian Federation and Creation of a New Constituent Entity". The authors explore such aspects of the topic as the results of unification processes of the constituent entities of the Russian Federation of 2003-2008, gaps in their legislative regulation, political errors and risks, including of ethnic nature, which impeded planned consolidation of the constituent structure of the Russian Federation, as well as strategy for the future unification processes. The novelty of the author's position is that the unification processes scenarios of the constituent entities of the Russian Federation are founded on the declared by the government “Strategy of Spatial Development of the Russian Federation until 2025”. The research methodology employs comprehensive interdisciplinary political, economic and legal approach. The drawn conclusions are related to the description of these scenarios, determination of the constitutional legal status of the new consolidated entity formed at the premises on an economic macroregion, considering such significant characteristics of the macroregion, as the number of constituent entities of the Russian Federation therein, size of their territories, population density, and peculiarities of the ethnic composition. It is proposed to fill the gaps in determination of the status of a constituent entity that ceased to exist as such and became a part of the consolidated entity by introducing amendments to the federal constitutional and current legislation without changing the fundamentals of the Constitution of the Russian Federation.

Judicial Power as Mandatory Attribute of a Constituent Entity of the Russian Federation

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0 ◽  
Author(s):  
Aleksandr Tsaliev
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Federal Courts ◽  
Point Of View ◽  
Judicial Power ◽  
Constitutional Court ◽  
Constituent Entity ◽  
The Status ◽  
Constitutional Justice ◽  
The Russian Federation

The article criticizes the idea of territorial federalism and on the example of judicial power the author demonstrates that attempts to reduce the constitutional and legal status of constituent entities of the Russian Federation to the level of administrative-territorial units only pursue the aim to divest them of state authority and property. In order to substantiate his point of view, the author analyzes the legal status of constituent entities of the Russian Federation and notes that judicial power is defined as their mandatory attribute. The author underlines social demand and necessity in founding and functioning of constitutional (charter) courts of constituent entities of the Russian Federation. The author criticizes the draft law which proposes to exclude justices of the peace from the courts of constituent entities of the Russian Federation and grant them the status of federal courts. The author describes German experience, where constitutional justice is carried out as part of the model of a two-level constitutional control — by the Constitutional Court of the Federation and bodies of specialized constitutional justice of constituent entities as its integral part.

scholarly journals On the formation and functioning of the municipal election commission

2019 ◽  
pp. 256-259
Author(s):  
Aleksandr S. Tkach
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Federal Law ◽  
Municipal Authority ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Municipal Election ◽  
Federal Procurement ◽  
Election Commission

The article deals with problems of the legal status, formation and functioning of the election commission of the municipality. The author analyzes the provisions of the Federal Law "On Basic Guarantees of Electoral Rights," this law determines the status of the election commission of the municipality. The author notes the following problems of the legal status of the municipal commission. First, the representative body of the municipal formation forms the municipal election commission. Secondly, the representative body of the municipality must appoint half of the total number of members of the municipal election commission on the basis of proposals of election commission of the subject of the Russian Federation. Thirdly, the municipal election commission is not legal entity, in this connection, the municipal authority is more dependent on the election commission of the subject of the Russian Federation. Fourth, the order of work of members of the municipal election commission is uncertain. Fifthly, the scope of the federal procurement law is not correct. Proposals to improve the electoral legislation are formulated in the research.

scholarly journals On the Transformation of the Administrative and Legal Status of the Prime Minister of the Russian Federation: Political and Legal Aspect

Legal Concept ◽  
2021 ◽  
pp. 114-120
Author(s):  
Anna Sultanova
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
Legal Status ◽  
Prime Minister ◽  
Legal Analysis ◽  
Public Power ◽  
Legal Method ◽  
Federal Constitutional ◽  
The Russian Federation ◽  
The Government

Introduction: after the adoption of Federal Constitutional Law of 14.03.2020 No.1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” and its approval in the course of the all-Russian vote with the subsequent amendments to the Constitution of Russia, it was necessary to revise a number of normative legal acts concerning the regulation of issues of the organization of public power. In particular, the amendments to the Constitution changed the procedure for the formation and functioning of the Government of the Russian Federation and changed the administrative and legal status of not only the Government, but also its Chairman, as well as the members of the Government, which required the adoption of a new Federal Constitutional Law “On the Government of the Russian Federation”. In this connection, the author aims to study the transformation of the administrative and legal status of the Prime Minister. Methods: the methodological framework for the study is a set of methods of scientific knowledge, including the comparative legal method, the method of system-functional analysis, comparative legal analysis. Results: the author’s wellfounded position on the essence of the transformation of the administrative and legal status of the Prime Minister is based on the analysis of the dynamics of the legislation development and is confirmed by modern competent research in the field of constitutional and administrative law. Based on the comparative legal analysis, the study of the elements of the administrative and legal status of the Prime Minister is carried out. The questions are raised about the directions of the transformation of the administrative and legal status in the context of the amendments to the Constitution of 2020. Conclusions: as a result of the study, it is concluded that the administrative and legal status of both the Prime Minister and the Government itself is increasingly dependent on the President, which gives the grounds for researchers to conclude that it is necessary to define Russia in the direction of the classical form of republican government: either presidential or parliamentary. The author proves that the administrative and legal status of the Prime Minister has undergone a number of changes in terms of restricting his rights, including in the formation of the structure of the executive authorities, the management of the Government activities, reporting and responsibility to the President, etc. At the same time, the powers of the President to lead the executive authorities have been expanded, which leads to the idea of Russia’s becoming a classic presidential republic, when the President heads the Government.

The Legal Status of Cryptocurrencies in the Russian Federation

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Virtual Currency ◽  
Content Analysis Method ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.

BASIC ASPECTS OF THE FISCAL POLICY OF THE STATE IN THE SUBJECT OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 1 (6) ◽  
pp. 4-7
Author(s):  
B. Kh. ALIYEV ◽  
Keyword(s):  
Fiscal Policy ◽  
Russian Federation ◽  
Economic Management ◽  
Financial Flows ◽  
Constituent Entity ◽  
Current State ◽  
Management Measures ◽  
The Subject ◽  
The Russian Federation ◽  
The Republic

The article examines the current state of the fiscal policy of the constituent entity of the Russian Federation, which is a combination of diverse economic management measures based on the distribution and redistribution of financial flows. The analysis of fiscal policy on the example of the subject of the Russian Federation (Republic of Dagestan). The article outlines the problematic issues of the tax policy of the Republic of Dagestan and suggests ways to overcome the identified problems.

The Certainty of the Legal Status of Court Secretary and Court Clerk in Federal Courts

2020 ◽  
Vol 6 ◽  
pp. 26-34
Author(s):  
E. V. Gerasenko ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Civil Service ◽  
Federal Courts ◽  
Scientific Methods ◽  
Level Of Education ◽  
Additional Qualification ◽  
The Status ◽  
The Russian Federation

Employees of the federal courts' apparatus, in accordance with the current regulations, are public civil servants. In practice and in existing scientific research there is an approach to determining the legal status of this category of public servants through their duties, without specifying the specific requirements for candidates for the position to be filled. The purpose of this study is to define additional qualification requirements to be imposed on the applicant for the position of State Civil Service «Court Secretary» in court, in addition to those contained in the Federal Law «On State Civil Service of the Russian Federation» and orders of the Judicial Department of the Supreme Court of the Russian Federation. The tasks of this work are to study the theoretical foundations of the concept of «status of a State civil servant », to compare federal legislation, decrees of the President of the Russian Federation, decisions and other acts of ministries and departments in the field of the State civil service in the apparatus of federal courts; Justification for the need to include in the status of a public servant serving in the court apparatus additional requirements for the level of education. The methodological basis of the present study was the general scientific methods such as analogy, derivation, system analysis, as well as the private scientific methods: formal-logical, technical-legal and comparativelegal in their various combinations. The study concluded that it was necessary to distinguish the status of federal court staff according to the level of education required to replace a public civil service post, in particular the «Registrar of the Court».

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

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