scholarly journals PROCEDURE THE IMPLEMENTATION OF THE CONSTITUTIONAL PROCEEDINGS IN THE RUSSIAN FEDERATION AND IN THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Екатерина Ганичева ◽  
Ekaterina Ganicheva
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Former Soviet Union ◽  
Practical Interest ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Public Authorities ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Republic

The article is devoted to the problems of development of legislation which determines the procedure of the constitutional proceedings, the procedural status and terms of participants’ activity in the Russian Federation and in the Republic of Belarus. Constitutional justice is a relatively new Institute in a legal system of Russia and other former Soviet republics. Conditions for its formation in the former Soviet Union have common as well as specific features. The comparison of the place and role of the constitutional court in system of public authorities and the procedural legal regulation of the constitutional justice is of obvious scientific and practical interest now because a clear, systematic regulation is very important for creating the conditions to allow objectively and comprehensively examine and resolve the constitutional conflict. Highlighting the characteristic features of the Federal constitutional law «On the constitutional Court of the Russian Federation» and the Law of the Republic of Belarus «On constitutional proceedings», the author comes to the conclusion about the necessity of development and specifying of the activity of the Constitutional Court of the Russian Federation by improving the using of traditional procedural-legal institutions taking into account the unique status of the highest judicial body of the constitutional control.

scholarly journals Legal status of diplomatic workers: rights, state guarantees, encouragement

2013 ◽  
pp. 121-126
Author(s):  
T. A. Zanko
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Former Soviet Union ◽  
Comparative Research ◽  
Legal Status ◽  
Legal Regulation ◽  
Foreign Countries ◽  
The Russian Federation

This article provides an analysis of the legal status of diplomats in the Russian Federation with regard to their rights, safeguards and rewards. These elements are presented through the prism of comparative research of more than a dozen countries and consider the experience of diplomatic service legal regulation in the former Soviet Union countries as well as in other foreign countries.

scholarly journals ДИСКУРС ПО ВОПРОСАМ ПРИВАТИЗАЦИИ ГОСУДАРСТВЕННОГО ИМУЩЕСТВА В ПРАВОВОЙ ДОКТРИНЕ РОССИЙСКОЙ ФЕДЕРАЦИИ И РЕСПУБЛИКИ ТАДЖИКИСТАН

2019 ◽  
pp. 49-52
Author(s):  
Шукурова Карминахон Бахтиёровна
Keyword(s):  
Soviet Union ◽  
Property Rights ◽  
Russian Federation ◽  
Former Soviet Union ◽  
Private Investment ◽  
Review Of The Literature ◽  
Gradual Improvement ◽  
The Russian Federation ◽  
The Republic ◽  
Improvement Of Legislation

Privatization of state-owned enterprises mediates private investment in the country's economy. In the Russian Federation and the Republic of Tajikistan the beginning of privatization is associated with the collapse of the USSR, but its development was different. In comparison with privatization, which took place in the 90-ies of the last century, the privatization taking place in Russia today has already reached a fundamentally new level, as the legislation in this area has been harmonized with the rules that laid down the foundations of the order of acquisition and termination of property rights. A review of the literature on privatization in the Republic of Tajikistan leads to the conclusion that privatization in the Republic, which has been carried out since the 1990s, was very conditional even despite the gradual improvement of legislation in this area. The Republic of Tajikistan, as well as the Russian Federation, is one of the countries of the former Soviet Union, in connection with which it can take as a basis the Russian experience of privatization.

scholarly journals Review of a Case on Constitutional Changes of 2020 by the Constitutional Court of the Russian Federation: Substantive and Procedural Peculiarities

2021 ◽  
Vol 1 ◽  
pp. 34-38
Author(s):  
Oleg V. Brezhnev ◽  
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Public Authorities ◽  
Legal Provisions ◽  
History Of ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
Relationship Of ◽  
First Time ◽  
The Relationship

For the first time in the history of Russian constitutional justice 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 authorities” provided for as part of the mechanism for its entry into force a special authority of the Constitutional Court of the Russian Federation related to mandatory checking the new constitutional regulation for compliance provisions of chapters 1, 2 and 9 of the Constitution of the Russian Federation. The article reveals substantive and procedural features of this authority of the Constitutional Court of the Russian Federation, concerning the subject and criteria for checking the legal provisions under consideration, the organizational form of constitutional proceedings used in this case, the legal force of the decision of the Constitutional Court of the Russian Federation, etc. Disclosed the relationship of this regulation and already formulated legal positions of the Constitutional Court of the Russian Federation on certain aspects of the implementation of constitutional justice. In the prognostic plan, the need for more detailed legislative regulation of the procedure for exercising powers associated with mandatory constitutional control is shown.

scholarly journals TRANSPARENCY OF PUBLIC AUTHORITIES OF THE REPUBLIC OF CRIMEA IN THE CONDITIONS OF THE INFORMATION-ORIENTED SOCIETY

2020 ◽  
pp. 57-74
Author(s):  
Vladimir T. Kabyshev ◽  
◽  
Tamara V. Zametina ◽  
Elena V. Kombarova ◽  
◽  
...  
Keyword(s):  
Information And Communication Technologies ◽  
Russian Federation ◽  
Local Governments ◽  
Liberal Arts ◽  
Legal Regulation ◽  
Public Authorities ◽  
The Public ◽  
The Russian Federation ◽  
The Republic ◽  
State And Local

The problems of transparency as an economic, social, political and legal phenomenon attract the attention of scientists in various fields of liberal arts - economics, sociology, political science, and jurisprudence. In this article, the authors are primarily interested in legal and political aspects of this phenomenon, since the current Constitution of the country pays considerable attention to the issues of democratic organization of power and the institutions of participation of citizens in the management of state affairs. Describing the real state of transparency in the public authorities of the Republic of Crimea, both static (institutional, organizational) and dynamic (functional, procedural) aspects of this phenomenon are taken into account. The current Constitution of the Russian Federation 1993 does not have the concept of "transparency". The analysis of Russian legislation shows that the principle of transparency, even without being enshrined at the highest constitutional level, has been adequately reflected in federal laws and other regulations. Legislatively enshrined transparency, openness, publicity, accessibility of information together create a regime of transparency of the activities of the three branches of state and local government, ensure the access of citizens to information and determine the forms of interaction and cooperation of citizens and power institutions in this area. The authors emphasize that the principle of transparency plays an important role in the system of principles of the organization and functioning of the public authorities of the modern democratic state. Its further legislative development will promote the confidence of citizens in public authorities, establish the dialogue between the state and civil society, and strengthen anti-corruption measures. Legal regulation of openness, publicity, accessibility of information about the activities of public authorities is carried out within the framework of several legislative acts ("On the media," "On ensuring access to information on the activities of state and local governments" and others). It seems appropriate not only to generalize these norms but also to include other ones developing this institution within the framework of a single federal law on the transparency of state authorities in the Russian Federation. The authors believe that we need the measures to improve the effectiveness of the institu-tion of transparency, including, for example, the consolidation of criteria (indicators) of trans-parency of public authorities The study of the principle of transparency of public authorities in the Republic of Crimea shows that the new subjects of the Federation have created legal and organizational conditions for the implementation of the principle of transparency. Though, there are some problems including the lack of developed and accessible telecommunication infrastructure, the orienta-tion of the Crimean providers to Ukraine, formalism in the consideration of citizens' appeals, not always prompt and objective information about the activities of the authorities of the new subjects of the Russian Federation, the need to ensure information security, the development of cooperation between Crimean and foreign organizations in the field of information and communication technologies.

Policy Responses to an Ethnic Community Division: Lezgins in Azerbaijan

1997 ◽  
Vol 5 (3) ◽  
pp. 213-252 ◽  
Author(s):  
◽  
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Former Soviet Union ◽  
State Policies ◽  
Factors Affecting ◽  
Policy Responses ◽  
Independent States ◽  
The Russian Federation ◽  
The Republic ◽  
Newly Independent States

AbstractLezgins are one of the peoples on the territory of the Former Soviet Union, living in the Russian Federation and the Republic of Azerbaijan, who have been particularly affected by the dissolution of the USSR and the emergence of the newly independent states. The ways they are being integrated into the new political order of the Republic of Azerbaijan pose challenges and implications for the overall state policies related to the treatment of minorities. Thus, this paper deals with the aspects of state-building regarding minorities and the factors affecting policy-making towards the Lezgin community. It mainly focuses on the situation of the Lezgins in the Republic of Azerbaijan, but also provides references to the position of the Lezgins in Dagestan (Russian Federation) where necessary. The paper assesses the policy environment related to minority issues and outlines the policy options in a multiethnic state, namely modernisation, pluralism and centralism, and argues that the policy dilemma is that in trying to avoid divisive tendencies in the state, each approach may encourage ethnic tensions and conflict. What is required, therefore, is a flexible approach which neither over- nor underestimates ethnic distinctions.

scholarly journals SOME ASPECTS OF COMPARATIVE LEGAL ANALYSIS OF THE INSTITUTE OF ADMISSIBILITY OF CITIZENS ' COMPLAINTS IN CONSTITUTIONAL PROCEEDINGS

2020 ◽  
Vol 34 (2) ◽  
pp. 55-59
Author(s):  
R.M. Akutaev ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Legal Analysis ◽  
Government Officials ◽  
Constitutional Justice ◽  
Constitutional Legality ◽  
The Russian Federation ◽  
The Republic

The article contains a comparative legal analysis of the Institute of admissibility of complaints of citizens on violation of their constitutional rights and freedoms under the legislation of the Russian Federation and the legislation of its subject  the Republic of Dagestan. The reasons for the differences in the legal regulation of the institution in question are considered, the proposal to improve the legislation on the constitutional Court of the Republic of Dagestan is made. It is concluded that compliance with the principles of the rule of law and the priority of the rights and freedoms of citizens can only be achieved through the joint efforts of all bodies of state power and local self-government, officials and ordinary citizens to ensure constitutional legality in lawmaking and law enforcement, which the constitutional justice bodies consistently uphold.

scholarly journals THE CONSTITUTIONAL COURT IN THE SYSTEM OF JURISDICTIONAL BODIES (OF GODLY SINS OF CONSTITUTIONAL JUSTICE)

2017 ◽  
pp. 0-0
Author(s):  
Николай Бондарь ◽  
Nikolay Bondar
Keyword(s):  
Russian Federation ◽  
World Order ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Special Role ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Law ◽  
The Government

Analyzing the place and role of the Constitutional Court of the Russian Federation in the institutional system of national and supranational jurisdictions, there is the author’s approach to the study of this institution in particular through the prism of the so-called constitutional paradoxes (“godly sins”) of the constitutional justice. Among them: legal involvement of the Constitutional Court of the Russian Federation in the resolution of important constitutional questions at the intersection of law and policy; entering into the system of justice and at the same time transcending it as the trial of the government and the law; the legal force of the final acts, which are not laws, can be above the law; the stability of the Constitution in conjunction with socio-historical dynamism, the problems of guaranteeing its supremacy in collaboration with supranational jurisdiction, the need to ensure by the constitutional justice of the Constitutions’ supremacy in collaboration with the international-legal regulation and supranational jurisdictional practices. The article explains that the status characteristics of the national organs of constitutional justice, manifested in the contemporary world order and in relations with bodies of international jurisdiction, have a constitutional good nature and serve as a confirmation of the special role of these bodies in the justice system in modern constitutional democracies.

Certain Tendencies of the Constitutional-Legal Regulation of Party Formation in the Russian Federation

2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Эмиль Алимов ◽  
Emil Alimov
Keyword(s):  
Political Parties ◽  
Russian Federation ◽  
Legal Regulation ◽  
The Political ◽  
Constitutional Court ◽  
Legal Analysis ◽  
Modern Democracy ◽  
Public Authorities ◽  
Party Building ◽  
The Russian Federation

This article is devoted to the study of certain tendencies of the political parties constitutional regulation in the Russian Federation. With the aid of analysis of the political parties functioning legislation, the legal positions of the Constitutional Court of the Russian Federation and the European Court of Human Rights the author demonstrates the dynamics of the Russian legislation in the field of the party building, as well as the different approaches used in these courts in the interpretation of some restrictive regulation in context of the topic. It is noted that political parties are an important segment of modern democracy and they play an important part not only in the electoral process, but also in the deputy-voter mutual relationship; also political parties can affect certain public authorities. Accordingly showing up general rules of the legislation development in this area and their comparative legal analysis would not only clearly define the real situation of the political parties in Russia and reveal the existing problems, but also indicate a vector for the further development of the constitutional regulations in this field.

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

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