Legislative Initiative of the President of the Russian Federation as the Constitutional-Legal Institute

2016 ◽  
Vol 4 (1) ◽  
pp. 0-0
Author(s):  
Гарри Минх ◽  
Garri Minkh
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
Executive Branch ◽  
Legislative Process ◽  
Head Of State ◽  
Legislative Proposal ◽  
Leading Position ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The legal content of the legislative initiative of the President of the Russian Federation is characterized by diversity of this phenomenon. It illustrates the relationship of legislative initiative as a constitutional head of state powers and as the stage of the legislative process; justifying the importance of the constitutional-legal institute of legislative initiative of the President of the Russian Federation in the legal system of the Russian Federation. Particular attention is given to the positive and negative characteristics of the presence of the head of state of this legal instrument. Being legislative initiative is seen in the existence of constitutional and legal relationship between the subject of the right of legislative initiative and representative organ of state power over the application, taking in consideration and issued a legislative proposal on the various stages of the legislative process. Substantiates the role of the legislative initiatives of the President of the Russian Federation in various stages of the legislative process. There is a trend to strengthen the executive power in the legislative process, with the result that the center of the legislative initiative is moved from the parliament to the executive branch and to the President. It is concluded that a legislative initiative of the President acts as a practical manifestation of the principle of separation of powers, the observance of which helps to maintain the authority of the country´s presidency, predetermining the leading position of the President of the Russian Federation in the state and society.

Issues of Superion Courts of the Russian Federation when Implementing the Legislative Initiative

2020 ◽  
Vol 10 ◽  
pp. 32-41
Author(s):  
N. G. Stenichkin ◽  
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
Practical Implementation ◽  
Legislative Process ◽  
Constitutional Court ◽  
Legal Method ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Law ◽  
The Right

The problem. The concept of «issues of reference» is used in the Constitution of the Russian Federation when listing the subjects of the law of legislative initiative in relation to the judiciary. The legislation does not disclose or define this concept, which leads to discussion about its content and, as a result, raises questions about the practical implementation of the separation of powers principle in the legislative process. Aims and objectives of the study: we determined the limitations of the law of legislative initiative of the higher courts of Russia from the point of view the legal grounds for such restrictions, their subjects and legal consequences. Methods: we use both the common scientific methods (e. g. systemic, deductive) as the special-legal methods (formal, dogmatic, state-legal modeling method, comparative legal method etc.). Results: we conclude that «issues of reference» is a special constitutional legal term used in the Constitution of the Russian Federation to describe all functions of the certain branch of power or the public authority. This term in its content is broader than the concepts of «authority», «subjects of jurisdiction» and «jurisdiction». The use of the term «issues of reference» towards the higher courts, as subjects of the right of legislative initiative, does not allow us to assert the constitutional sense of existence various types of legislative initiative right, such as general right and limited (special) right. The practice of exercising the right of legislative initiative by the higher courts, as well as the applying the Procedure Rules of the State Duma of the Russian Federation does not provide for any restrictions on the right of courts to initiate bills. Russian legislation lacks mechanisms for applying the term «issues of reference» as an instrument restricting the constitutional right of the higher courts to participate in the legislative process. Also, such mechanisms are not reflected in the regulatory framework governing the activities of the higher courts. The term «issues of reference», applied to the legislative initiative right of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, does not imply any exemptions from the right to initiate bills given by the Constitution to other entities, but this term is used in the delimitation of legislative functions between the higher courts.

scholarly journals Institute of legislative Initiative of Citizens in the Subjects of the Russian Federation

2021 ◽  
Vol 1 ◽  
pp. 19-23
Author(s):  
N. E. Vasyutkin ◽  
◽  
Y. G. Hamnuev ◽  
Keyword(s):  
Russian Federation ◽  
Absolute Number ◽  
Legal Regulation ◽  
Legal Institution ◽  
Federal Level ◽  
Legislative Proposal ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right ◽  
Legislative Activities

The article considers the issues of legal regulation of granting citizens the right to implement legislative initiatives and the consolidation of this right in the constitutions (charters) of the constituent entities of the Russian Federation. It was founded that the federal legislator, while providing the regions with the opportunity to empower citizens with the right to legislative initiative, did not regulate the issues of determining the conditions and procedure for realizing by citizens of this right. A variety of practices of legal regulation and constitutional consolidation of this institution based on the analysis of the constitutions (charters) of the regions were identified. In particular, three forms of legislative initiative of citizens were identified - a draft law, a legislative proposal, an amendment to a bill. It is proposed to consider a legislative proposal as an independent legal institution. It has been established that granting citizens the right to amend bills is aimed at developing the democratization of lawmaking process, so it was proposed to consolidate this right in the legislation of the constituent entities of the federation. But taking into account the peculiarities of the parliamentary discussion of the bill in the second reading, it was recommended to simplify the procedure of amending bills for citizens by reducing the number of signatures of citizens supporting this initiative. It has been established that regional legislators use a blanket method of securing the norms on the right to legislative initiative of citizens in the constitutions (charters) of the regions in most of the cases. The absolute number of citizens or the percentage of the total number of citizens who have the right to vote is used in the regions to determine the number of citizens required for the implementation of a legislative initiative. It is proposed to regulate the mechanism for implementing the institution of citizens’ legislative initiative at the federal level in order to expand the opportunity for citizens to participate in legislative activities and eliminate contradictions in the regional legislation.

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals Separation of powers as a principle of organization and activities of executive authorities in the Russian Federation

2021 ◽  
Vol 7 (2) ◽  
pp. 510-518
Author(s):  
Vitaly Viktorovich Goncharov ◽  
Iurii S. Shpinev ◽  
Diana I. Stepanova ◽  
Oleg N. Malinovsky ◽  
Sergey A. Balashenko ◽  
...  
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
State Power ◽  
Executive Branch ◽  
Checks And Balances ◽  
Important Principle ◽  
The Russian Federation ◽  
Constitutional Analysis

This article is devoted to constitutional analysis of the most important principle of organization and activity of executive authorities in the Russian Federation - separation of powers.  The authors developed and justified the concept of an expanded understanding of the principle of separation of powers, with its reduction not only to the functional separation of state power between various levels of government (including within the executive branch), but with the development of a mechanism of checks and balances and the need to change the constitutional balance of priorities of the branches of government. 

scholarly journals An Old Problem in Draft of the New Code of the Russian Federation on Administrative Offences

2020 ◽  
Vol 17 (3) ◽  
pp. 411-420
Author(s):  
Aleksei Grishkovets
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Police Officers ◽  
Executive Branch ◽  
Russian Government ◽  
Administrative Policy ◽  
The Russian Federation ◽  
The Right ◽  
First Time ◽  
Administrative Responsibility

The article analyzes the provisions of the draft of the Code of the Russian Federation on Administrative Offenses, developed on the basis of the Concept approved in 2019 by the Russian Government. Attention is drawn to the fact that the Concept, for the first time in domestic practice, contains a provision stating that improving the institution of administrative responsibility will require work to transform it from a predominantly punitive-fiscal instrument into the institution of sentencing, subject to differentiated application taking into account the risk-based approach. Based on the analysis of particular compositions of the draft of the Code of Administrative Offenses, it has been concluded that the punitive-fiscal orientation in it remains. Suggestions have been made on possible ways to overcome this. Administrative penalties should only provide general and specific prevention. The economy of administrative repression should become an element of the administrative policy of the executive branch. After the entry into force of the new Code of the Russian Federation on Administrative Offenses, it has been proposed to conduct annual monitoring of its application, which will make it possible to identify the compositions that bring the greatest income to the budget. The problem of the existence of a profitable business on administrative responsibility is outlined. Attempts to introduce public-private partnership related to the provision of police assistance are assessed negatively. Based on Russian realities, it can be assumed that in practice this will lead to abuse by police officers and, as a result, to violation of human and civil rights and freedoms. Only in the future, the Russian police should gradually transform from a purely security structure focused on the use of state coercion measures into a structure that is largely service, providing citizens with specific services, in particular, providing them with police assistance when necessary. The idea is supported to recognize the “right to error” and “the right to forgiveness” for an administrative offender. It is proposed to implement it by expanding the possibilities of applying a warning as an alternative to such a punishment as an administrative fine, as well as by expanding the list of possible grounds for exemption from administrative liability. It is concluded that the adoption of the draft of the Code of the Russian Federation on Administrative Offenses does not look obvious.

scholarly journals Features Personal Constitutional and Legal Responsibility of the Russian Government Officials

2018 ◽  
pp. 12-15
Keyword(s):  
Russian Federation ◽  
Personal Responsibility ◽  
Executive Branch ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Government Officials ◽  
Russian Government ◽  
Leading Position ◽  
The Russian Federation ◽  
The Government

This paper deals with one of the key concepts – that components of the constitutional and legal responsibility – the personal responsibility of government officials. The author considers domestic and foreign research on the content of the concept of personal responsibility. On the basis of their analysis, on the example of the legislation of the Russian Federation, the author reveals some features of personal responsibility of officials of the Government of the Russian Federation, analyzes the problem aspects of its legal regulation and implementation. The author touches on the problems associated with the absence of a specific legal mechanism for the implementation of constitutional and legal responsibility between the Government of the Russian Federation and the Federal Assembly, as a result of which there are no clear levers of influence on officials of the Government of the Russian Federation. The author believes that the President of the Russian Federation has a leading position regarding the personal responsibility of officials of the Government of the Russian Federation, thereby accentuating his dominant position in the sphere of influence on the executive branch. The author formulates the conclusion that the personal constitutional and legal responsibility of officials of the Government of the Russian Federation is a sufficiently large, but little understood concept that does not have sufficient legislative regulation that allows them to perform their duties in a clear manner.

scholarly journals Development of Powers of the Head of State in the Context of Amendments to the Constitution of the Russian Federation

Lex Russica ◽  
2021 ◽  
pp. 52-61
Author(s):  
S. V. Gunich ◽  
A. E. Stupnitskiy,
Keyword(s):  
Russian Federation ◽  
State Power ◽  
Political Influence ◽  
Executive Branch ◽  
Gradual Transition ◽  
Practical Implementation ◽  
Constitutional Court ◽  
Head Of State ◽  
The Russian Federation ◽  
The Government

The paper expresses an opinion on the content of certain provisions and on the procedure for adopting amendments to the Constitution of the Russian Federation. Based on the analysis of the claims made against them by some categories of citizens, the directions of their further scientific understanding are determined. Proposals for improving a number of constitutional provisions are formulated. The authors focus on the consideration of the essence of the constitutional reform in terms of the redistribution of the powers of the head of state in the direction of strengthening popular representation in the formation of public authorities and the exercise of their functions. The study examines the formal consolidation and practical implementation of the competence of the President of the Russian Federation in relation to various branches of state power. Within the framework of the legislative function, it is noted that he is strengthening his position by gaining the opportunity to exert political influence on the senators of the Russian Federation, as well as using the institute of preliminary constitutional control. In the field of executive and administrative powers, the updated procedure for appointing members of the Government of the Russian Federation is considered in detail. Using the method of scientific modeling, the analysis of the influence of the houses of parliament on the process of formation of federal executive bodies is carried out. Based on this, it is concluded that the executive branch of state power is invariably dependent on the will of the President and that the constitutional provisions announcing the gradual transition of the Russian state to a parliamentary-presidential form of government are decorative. The authors express dissatisfaction against the denigration of the role of the Constitutional Court of the Russian Federation to protection of the Constitution, rights and freedoms of man and citizen. It is concluded that the powers of the head of state are developing in the direction of strengthening his political influence on the process of implementation by state bodies of their daily activities and their adoption of legal decisions.

THE RIGHT OF LEGISLATIVE INITIATIVE IN THE SYSTEM OF POWERS OF THE RUSSIAN FEDERATION CONSTITUTIONAL COURT

2021 ◽  
pp. 46-52
Author(s):  
Dmitrii V. Zmievskii
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Constitutional Court ◽  
Special Role ◽  
Supreme Courts ◽  
Federal Constitutional ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
Control Body ◽  
The Right

The article considers the right of legislative initiative of the Constitutional Court of the Russian Federation enshrined in the Constitution of the Russian Federation in the light of amendments made to the Fundamental Law of our state in 2020, as well as subsequent updating of special federal constitutional legislation. It is noted that the problem of practice deficiency in implementing the mentioned power by the Constitutional Court of the Russian Federation is not new for the Russian legal science; in general, it is naturally determined and is due to a number of objective factors. However, the process of updating and developing the constitutional provisions on the supreme judicial control body of Russia and, in particular, creating the system of preliminary judicial constitutional control, bring the problem under consideration to a qualitatively new level. The approach itself in terms of granting the mentioned power to supreme courts in the Russian Federation is characterized as atypical for the countries near and far abroad. At the same time, the current lack of practice in exercising the power in question by the Constitutional Court is due to the special role of the latter in the system of supreme state authorities, in particular, the judiciary. The point of view is expressed that the problem cannot be unambiguously solved at the present stage of the statehood development. The author does not share the increasingly expressed point of view today that the right of legislative initiative should be excluded from the powers of the Constitutional Court of the Russian Federation, since this will lead to a violation of the equality of the constitutional and legal statuses of the two independent supreme judicial authorities. In addition, the shortcomings in the wording of certain constitutional provisions have been identified and possible ways to eliminate them have been proposed.

scholarly journals Some Issues of the Legal Regulation of the Cossacks in Constituent Entities of the Russian Federation

Lex Russica ◽  
2019 ◽  
pp. 49-59
Author(s):  
S. S. Zenin
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Legislative Process ◽  
Physical Force ◽  
Legal Form ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article analyzes the current state of the legal regulation of social relations existing among the Russian Cossacks at the level of constitutent entities of the Russian Federation. The author examines the legal form of regulating social relations and the content of normative legal acts adopted in the constituent entities of the Russian Federation regarding the Russian Cossacks. The paper concludes that there is a need to develop a more effective mechanism of participation of constituent entities of the Federation in the legislative process on issues of joint jurisdiction at the federal level. The author highlights the need to apply a model legislation in order to unify the provisions of regional normative legal acts. The paper focuses on the importance of a clearer definition of the legal status of the Cossacks who have assumed obligations to carry out public service, including taking into account the possibility of using physical force, special means, and cold weapons that they have the right to wear as elements of national clothing.

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