SOME PROBLEMS OF INCREASING SCIENTIFIC LAW-MAKING IN THE RUSSIAN FEDERATION

2015 ◽  
Vol 4 (2) ◽  
pp. 12-16
Author(s):  
Борисов ◽  
Aleksandr Borisov ◽  
Щеголева ◽  
Natalya Shchegoleva
Keyword(s):  
Russian Federation ◽  
Legislative Process ◽  
The Russian Federation ◽  
Law Making

Nowadays the problems associated with law-making in the Russian Federation as a whole, and its subjects in particular are of interest to science and practice. The authors argue the need to use the potential of scientists for training deputies and for increasing efficiency of the legislative process.

scholarly journals The Constitution of the Russian Federation as a National Project of Exercising of Civil Rights to Participation in the Law Making Process

2020 ◽  
Vol 12 ◽  
pp. 18-22
Author(s):  
Olga A. Fomicheva ◽  
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legislative Process ◽  
National Project ◽  
The Russian Federation ◽  
The Law ◽  
Law Making

The people’s participation forms in the legislative process are analyzes in article. To essence of understanding the legislative process changing are given arguments. The necessary to form national projects for the democratic foundations development in Russian, including within the framework of ensuring the implementation of citizens’ rights to participate in the legislative process are author concludes.

Policy of law creation in the regions of Russia: comparative analysis

10.12737/5064 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 20-25
Author(s):  
Александр Гуляков ◽  
Aleksandr Gulyakov ◽  
Андрей Дунаев ◽  
Andrey Dunaev
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Regional Level ◽  
Legislative Process ◽  
Key Factors ◽  
Legal Policy ◽  
The Russian Federation ◽  
Regional Authorities ◽  
Law Making ◽  
Regions Of Russia

The article is a specialized review legislative practice of subjects of the Russian Federation aimed at formation of the idea of one of the most important component regional legal life - legal policy. The article reveals fundamentals regional legal policy: principles, goals, means, forms of realization. The key factors defining problems of law-making policy at regional level, methods of their decision are considered by various subjects of the Russian Federation. The essential attention is paid to the comparative analysis of the regional legislation defining a vector of development of legal policy. The autors reveal strengths and weaknesses of activity of the regional authorities directed on improvement of legislative process.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Experimental legislation: some conceptual approaches to explanation

2021 ◽  
Vol 23 (2) ◽  
pp. 16-23
Author(s):  
MIKHAIL DEGTYAREV ◽  
Keyword(s):  
Species Diversity ◽  
Russian Federation ◽  
Experimental Approach ◽  
Thought Experiment ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Regime ◽  
The Russian Federation ◽  
Goals And Objectives ◽  
Law Making

In connection with the adoption of the Federal Law of July 31, 2020 No. 258-FZ “On Experimental Legal Regimes in the Field of Digital Innovations in the Russian Federation” and of the Federal Law of July 31, 2020 No. 247-FZ “On Mandatory Requirements in the Russian Federation” (Article 13 “Experimental legal regime”) the topic of experimental legislation was updated. The article is devoted to the application of the experimental approach in legal regulation. The author reveals the essence of the concept of experimental legislation, explains the goals and objectives of using the appropriate technologies. The author notes that although in a broad sense it can be said that the adoption of any new law is in itself an experiment, there are still significant differences within the experimental law. The author sets out the essential features of a legislative experiment. The article examines the reasons for the need and prerequisites for the rationality of the use of experimental legislation. The author shows the nature of legislative experimentation and the merits of this toolkit. The author shows the areas of relevant application of the method of experimental legislation. The species diversity of methods of experimental regulatory regulation is indicated. The article compares the method of practical experimental legislation and the method of thought experiment in norm-writing and law- making activities. The article compares the method of practical experimental legislation and the method of digital duplicate-models of legislative acts. The author substantiates the existence of limits of applicability of the method of experimental legislation and demonstrates selected technologies of experimental legislation. In conclusion, the author turns to the complex and controversial problems of using the method of experimental legislation.

Scientific Commentary on the Review of Judicial Practice on Some Issues of the Application of Legislation on Business Entities

2021 ◽  
Vol 6 ◽  
pp. 27-32
Author(s):  
V. K. Andreev ◽  
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Separation Of Powers ◽  
Civil Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Business Entities ◽  
Law Making

The article discusses the forms of clarification on matters of judicial practice by the Plenum of the Supreme Court of the Russian Federation, the Presidium of the Supreme Court, as well as in the Review of judicial practice on some issues of the application of legislation on business companies dated December 25, 2019. Clarifications of the Supreme Court of the Russian Federation on issues of judicial practice are characterized as the positions of the courts identified in the course of studying and summarizing the judicial practice of the corresponding category of cases, which are acts of individual regulation of public relations. Focusing on Art. 6 of the Civil Code of the Russian Federation and Section 6, Art. 12 of the APC RF shows the validity of dividing wrong into two types of wrong: the «moderate» type of «judicial law-making and the position of the court» and the «radical» type of «judicial law-making», when the court develops the rule of law, which contradicts the constitutional principle of separation of powers. When resolving corporate disputes, it is necessary to investigate whether the charter of a non-public company does not contain the rights and obligations of its participants, which they themselves created by making a unanimous decision and including them in the charter of the company (paragraph 3 of Art. 66.3 of the Civil Code of the Russian Federation, paragraph 3 of Art. 14 of the Law about LLC).

Sign in / Sign up

Export Citation Format

Share Document