Reform of the organization of public power: the main directions of implementation

2021 ◽  
Author(s):  
Lyudmila Andrichenko ◽  
A. Postnikov ◽  
L. Vasil'eva ◽  
Zh. Gaunova ◽  
E. Nikitina ◽  
...  
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
Public Authorities ◽  
Public Power ◽  
Municipal Employees ◽  
International Obligations ◽  
Mechanism Of Interaction ◽  
The Russian Federation ◽  
Constitutional System ◽  
Legal Mechanism

The monograph examines topical issues of reforming the organization of public power in our country in connection with the adoption in 2020 of the Law on Amendments to the Constitution of the Russian Federation. The logic of changes in the organization of public power and the directions of concretization of constitutional values, taking into account the laws of the development of the constitutional system of Russia, are revealed. The most significant characteristics of the updated model of interaction of federal public authorities in accordance with the principle of separation of powers are identified, the trends of constitutional transformations in the spheres of federal relations and local self-government, ensuring the fulfillment by public authorities of international obligations of the Russian Federation are investigated. Particular attention is paid to the development of the legal mechanism of interaction between public authorities and civil society. The authors of the book take into account the results of legislative support for the reform of public power in 2020-2021, a forecast assessment of the implementation of the relevant constitutional and legislative novelties is given, including taking into account the existing legal risks. Solutions are proposed to a number of legal issues of legislative regulation of public power, which can increase the efficiency of its functioning. For researchers, teachers, students and postgraduates, deputies of representative authorities, state and municipal employees, as well as anyone interested in constitutional law issues.

THE CONDITIONS FOR THE FORMATION OF THE SYSTEM OF THE RULE OF LAW IN RUSSIA

2020 ◽  
pp. 204-210
Author(s):  
Nikita S. Grudinin
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Separation Of Powers ◽  
The State ◽  
Social Progress ◽  
Public Authorities ◽  
The Rule Of Law ◽  
The Russian Federation ◽  
Constitutional System ◽  
The Stability

The article is devoted to the study of the conditions for the formation of a truly legal state in the Russian Federation. It is noted that the process of formation of the system of the rule of law requires signifi cant efforts both by the state and by society. It is also emphasised that the key conditions that can ensure the effective functioning of the rule of law in Russia are the respect of the provisions of the Constitution of 1993 by citizens and the willingness to comply with those provisions in cooperation with the state, the independence of the judiciary, the real and rational separation of powers, the functioning of legislative bodies in accordance with the interests of citizens of the Russian Federation. According to the author’s opinion, trust in the Constitution and its ability to ensure social progress in general is the basis for strengthening the legal statehood of the Russian Federation in the long term. The author concludes that the strength of the construction of legal statehood in Russia is based on the stability of the constitutional system and the supremacy of the Constitution of the Russian Federation, its ability to subordinate to its action all citizens of the country and offi cials of public authorities.

scholarly journals Local Self-Government in the Public Government System: A New Constitutional Dimension

2020 ◽  
Vol 10 ◽  
pp. 23-26
Author(s):  
Oleg A. Kozhevnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Framework ◽  
Constitutional Court ◽  
Public Power ◽  
The Public ◽  
System A ◽  
International Obligations ◽  
The Russian Federation ◽  
The Law

The article analyzes certain provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” in terms of regulatory regulation of local self-government. According to the analysis the author comes to the conclusion that with the entry into effect of the mentioned legal act the content of individual elements of the constitutional-legal bases of local self-government will change, but the nature and scope of modifications in many respects will depend on the provisions of the rules of sectoral legislation aimed at implementing the relevant provisions of the Constitution. In this regard, the Federal legislator has a huge responsibility to create an “updated” legal framework for the implementation of the constitutional foundations of local self-government, taking into account the already established law enforcement practice, the positions of the constitutional court of the Russian Federation, as well as the state's international obligations under the European Charter on local self-government.

scholarly journals The Problems of Functioning of the Public Service as a Social Institution in the Russian Federation

2020 ◽  
Vol 20 (4) ◽  
pp. 374-379
Author(s):  
Evgeniya E. Nemeryuk ◽  
◽  
Olga A. Romanovskaia ◽  
Galina A. Kantemirova ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Public Service ◽  
Social Institution ◽  
Civil Servants ◽  
Public Authorities ◽  
The Public ◽  
Municipal Employees ◽  
Russian State ◽  
Administrative Ethics ◽  
The Russian Federation

The article examines the main problems of such a social institution`s functioning in the Russian state as a public service. The particular attention is paid to the ethical principles of the state and municipal employees in the context of the administrative ethics. It is noted that one of the problems of the civil service as a social institution in the country is the lack of citizens` awareness of the civil servants` activities results as well as the excessive bureaucratization of the internal activities of public authorities in the country.

scholarly journals An Expanding Meaning of Presidential Amendments to the Constitution of the Russian Federation

Lex Russica ◽  
2020 ◽  
pp. 43-52
Author(s):  
A. A. Uvarov
Keyword(s):  
Russian Federation ◽  
Local Population ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Public Authorities ◽  
Public Power ◽  
Constitutional Amendments ◽  
The Russian Federation ◽  
Fundamental Rights And Freedoms

The paper deals with the issues of interconnectedness and the role of constitutional amendments introduced by the President of the Russian Federation to the current Constitution of the Russian Federation on January 20, 2020. In assessing the meaning and content of a great deal of amendments to Chapter 3 of the Constitution of the Russian Federation, the author concludes that they have additional, however, sometimes more important value in the context of the hierarchy of constitutional norms, which is directly related to the chapters of the Constitution that are not subject to any revision. Despite the formal inalterability, the foundations of the constitutional order have in fact as a result of the amendments gained such new provisions as: “the stateconstituing people that is a part of the multinational union of equal peoples of the Russian Federation”; “ban on alienation of a part of the territory of the Russian Federation and calls for such actions”; “non-enforcement of decisions of interstate bodies adopted on the basis of the provisions of international agreements of the Russian Federation in their interpretation contrary to the Constitution of the Russian Federation”; “the state guarantee of minimum wage not less than the minimum living wage of the working population.” The rules governing certain fundamental rights and freedoms of man and citizen (art. 37–39, 44 of the Constitution of the Russian Federation) have been supplemented with new content without being formally altered. Ambivalence of local self-government leading to opposition between local and state authorities, partly resulting from the provision of Article 12 of the Constitution of the Russian Federation concerning the autonomy of local self-government bodies. Their failure to enter the system of public authorities is partially minimized by the provision on their unity in the system of public power. However, many, and at first glance minor, amendments to Chapter 8 of the Constitution of the Russian Federation significantly reduce the potential of power for the local population, turn the constituent rules concerning its powers to the reference rule. The conclusion draws attention to some issues in the activity of the Constitutional Court of the Russian Federation on the implementation of these constitutional amendments.

scholarly journals THE MODEL STATUS OF THE HEAD OF THE SUBJECT OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 1 (383) ◽  
pp. 178-181
Author(s):  
V. V. Naumkina
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
System Structure ◽  
Executive Power ◽  
Federal State ◽  
Organizational Models ◽  
Public Authorities ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The relevance of the topic is determined that the highest official of the subject of the Russian Federation are central in the system of regional public authorities and has a significant impact on the performance of Federal state functions. The Federal structure of the Russian Federation provides for different levels of governance. The effectiveness of solving state problems depends on the quality of management in the regions. The legislation defines only the basic principles of the requirement of the organization of power in the subject of the Russian Federation. Subject of the Russian Federation can regulate the organization of management. Federal legislation provides the subjects of the Russian Federation with relative freedom in determining the system, structure, order of formation and functioning of the Executive power. The subjects of the Russian Federation are different models of governance, which determine the status of the head of the subject of the Russian Federation. The article identifies two models for realizing the principle of separation of powers in the subjects of the Russian Federation. The place of the head of the subject of the Russian Federation in the power system is considered from the position of the scope of powers. The article describes the status of the head of the subject of the Russian Federation when using different models, highlights the features of organizational models. The practical application of the management model depends on the characteristics of the territory (area, population, socio-economic situation). In contrast to the Federal model, the head of a subject of the Russian Federation in fact included in the system of Executive power regardless of the model. The article deals with discussion issues. The article highlights the main disadvantages and offers suggestions on the advantages of models.

scholarly journals Constitutional Reform 2020 in Russia (Selected Issues)

2020 ◽  
Vol 15 (8) ◽  
pp. 22-31 ◽  
Author(s):  
V. V. Komarova
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
The State ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Public Power ◽  
Constitutional Level ◽  
The Russian Federation

On the basis of the analysis of Law of the Russian Federation on Amendment to the Constitution of the Russian Federation as of March 14, 2020, No 1-FKZ “On improvement of regulation of certain issues of organization and functioning of public power,” legislation, acts and legal standings of the Constitutional Court of the Russian Federation, as well as the practice of transforming the Constitution of Russia, and Presidential directives, the author investigates some issues concerning the Constitutional Reform 2020 initiated by the Head of the State. The paper examines the issues of the new constitutional approach to the implementation of the principle of separation of powers, some additional powers of the President of Russia in the context of their expansion. The author argues her view concerning consideration of some legal phenomena rooted in the legal reality of Russia at the constitutional level on the example of the terms “public power” and “instructions of the President of the Russian Federation.” The author monitors the dynamics of formation and manifoldness of instructions of the President of the Russian Federation. The paper highlights some terms and definitions that are new for the constitutional level, some of which can be considered as goals in the development of public and state life. The paper formulates author’s assessments and conclusions, author’s opinion concerning the ongoing transformations of the Constitution of Russia and, at the same time, it is proposed to continue scientific discussions devoted to the implementation of the proposed constitutional novellas.

scholarly journals Retirement of a highest official of constituent entity of the Russian Federation due to loss of President’s confidence: constitutional issues

2021 ◽  
Vol 5 (1) ◽  
pp. 141-155
Author(s):  
I. A. Tretyak
Keyword(s):  
Russian Federation ◽  
Legal Responsibility ◽  
Federal Law ◽  
Public Power ◽  
Constituent Entity ◽  
Legal Standards ◽  
Social Nature ◽  
Legal Enforcement ◽  
The Russian Federation ◽  
Constitutional System

The subject. The article is devoted to the retirement of a highest official of a constituent entity of the Russian Federation in 2020 due to the loss of confidence of the President of the Russian Federation. Special attention is paid to the grounds for loss of such confidence, legal and social nature of confidence and different aspects of restriction of electoral rights for citizens. The purpose of the paper is to demonstrate that the retirement of a highest official in constituent entity of the Russian Federation vindicates electoral rights of citizens and decreases a level of confidence to public power of government and law. Moreover, the aim of this article is to prove that practice of the retirement of a highest official in constituent entity of the Russian Federation not always meet legal standards of negative constitutional legal responsibility. The methodology of the study includes general scientific methods (analysis, synthesis, description) and logical interpretation of Russian legal acts. Social definitions such as confidence and post-truth were analyzed by methods of philosophy and sociology. The main results and scope of their application. The author describes retirement of a highest official in a subject of the Russian Federation as a measure of constitutional responsibility and constitutional legal coercion in scope of practice in 2020. The author realizes, that President's decrees do not consist legal and appropriate basis for such retirement of a highest official in a subject of the Russian Federation, that is why this measure due to such practice cannot be qualified as negative constitutional legal responsibility. The author suggests ways to improve the mechanisms for applying measures of constitutional coercion in cases of retirement of a highest official in a subject of the Russian Federation due to the loss of confidence of the President of the Russian Federation for prevention of public power abusing, such as: 1) establishing in the federal law formally defined constitutional violations, that threaten the foundations of the constitutional system, morality, health, rights and lawful interests of other persons, ensuring defense and security of the state, the presence/absence of which is determined in the manner of a "preliminary" trial by the courts; 2) introduce measures of constitutional legal prevention or restraint against the highest official in a subject of the Russian Federation; 3) in the decrees of the President of the Russian Federation provide specific grounds for the loss of trust, established by the court. In addition to this, the author suggests to change federal law regulation to give a right for citizens, that live in a subject of the Russian Federation, to sue the President's decree about the retirement of a highest official in a subject of the Russian Federation. This measure will guarantee a real judicial protection for electoral rights for citizens. As a result, the article extends constitutional knowledge about measures of constitutional legal enforcement to highest officials in a subject of the Russian Federation.

scholarly journals Interregional and inter-municipal governance in the Russian Federation: strategic and spatial development trends within the constitutional framework

2020 ◽  
Vol 208 ◽  
pp. 06012
Author(s):  
Ivan Antipin ◽  
Oleg Kozhevnikov ◽  
Olga Ivanova
Keyword(s):  
Russian Federation ◽  
Comprehensive Analysis ◽  
Territorial Development ◽  
Public Power ◽  
The Public ◽  
Municipal Employees ◽  
Hierarchical Levels ◽  
The Russian Federation ◽  
Combination Of Methods ◽  
And Control

The article is devoted to the study of the processes of interregional and intermunicipal governance in the context of the constitutional reform of the public power system in the Russian Federation. Trends of strategic and territorial development have been formulated, one of which is the need to develop uniform normatively and economically justified rules for strategizing for regions of various hierarchical levels, including the macroregions and urban agglomerations. The methodological basis of the study is based on the theoretical provisions of the strategic management, regional and spatial economics. This study of interregional and intermunicipal governance in the Russian Federation is based on a comprehensive analysis of existing strategic planning documents, as well as legislative acts by using a combination of methods: logical, dialectical, and causal. The article can be useful to scientists and researchers, experts, including state and municipal employees involved in the formation (development and updating), as well as the implementation and control over the implementation of the strategies for the socio-economic development of the territories and other interested persons.

scholarly journals Constitutional Sources of Law in the Russian Federation on the Basis of Acts Regarding the Conservation

2019 ◽  
Vol 6 (1) ◽  
pp. 73-83
Author(s):  
Magdalena Micińska
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
The State ◽  
Research Issue ◽  
Public Authorities ◽  
The Rule Of Law ◽  
The Status ◽  
The Russian Federation ◽  
Constitutional System ◽  
Internal Character

Abstract The constitutional catalogue of the sources of law, clear and unambiguous division of acts into commonly binding and internal ones, is of fundamental meaning for the realization of the state of law rules, i.e. legalism and the rule of law, from the perspective of European democracies. Since it is the essence of every democratic legislation to base its functioning on the law established by organs that have been assigned for that aim, binding its addressees and executed by public authorities, also with the use of the means of coercion. This article aims at presenting the outline of the constitutional system of the sources of law in the Russian Federation and illustrating it, as much as it is possible, with acts regarding the conservation of the environment. In particular, the objective of this work is to determine the name of a given source, an organ competent to issue it, its function and position in the hierarchy, as well as the rule of promulgation. The key research issue here is the distinguishing between the sources of commonly binding law and the ones of internal law, as the regulation of the Russian Federation Constitution does not preordain explicitly. Yet this issue is of crucial significance when it comes to the status of law subjects. Acts of internal character may be directed merely at organizational units submitted to an organ issuing the acts and may not directly regulate the sphere of rights and obligations, neither constitute the bases of decisions concerning citizens, legal entities or other subjects.

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