scholarly journals The Constitution of the Russian Federation in the Focus of Modern Constitutional Legal Doctrine (to the 25th Anniversary of Russian Basic Law)

2018 ◽  
Vol 6 (12) ◽  
pp. 1-1
Author(s):  
Талия Хабриева ◽  
Taliya Khabriyeva
Keyword(s):  
Russian Federation ◽  
Legal Doctrine ◽  
25Th Anniversary ◽  
Basic Law ◽  
The Russian Federation

scholarly journals MODERNIZATION OF THE CONSTITUTION OF RUSSIA (TO THE RESULTS OF THE DISCUSSION IN CONNECTION WITH THE 25TH ANNIVERSARY)

2019 ◽  
Vol 23 (2) ◽  
pp. 163-183
Author(s):  
Nikolay A. Vlasenko
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Public Authorities ◽  
25Th Anniversary ◽  
Basic Law ◽  
Initial Stage ◽  
History Of ◽  
The Russian Federation ◽  
The One ◽  
Constitutional Construction

A quarter of a century has passed since the adoption of the Constitution of the Russian Federation by a national referendum. The jubilee gives a reason to talk about the optimality of constitutional provisions, their effectiveness, and somewhere practical expediency. The article aims to analyze the points of view expressed in this regard in the scientific press, newspaper periodicals and other media. However, the author first refers to the history of the emergence of the Constitution of the Russian Federation in 1993. It is noted that the Basic Law, on the one hand, was a result of military-political compromise between supporters of the parliamentary vision of the future structure of the country and supporters of a strong presidential power, on the other hand, allowed ultimately abolish the Soviet system and traditions. The mentioned situation and the factor of haste and hurry could not but affect the content and technical and legal quality of the document. The author has reduced the opinions expressed on the issue of modernization of the Constitution of the Russian Federation to three main positions: 1) The Constitution has not exhausted its potential and there is no reason to change its text; 2) a full-fledged constitutional reform is required, the current Constitution has exhausted its potential; 3) there is a need for precise partial changes and additions that can improve the Constitution. The article argues that the last position of the so-called precise partial changes is the most productive and allows to make the constitutional document adequate and relevant. In this regard, it is proposed to hold several round tables at the initial stage on the development of concepts for improving the constitutional foundations. One of them, the author calls promising and offers to prepare a list of proposals for the removal of ideologically and actually not confirmed in practical life provisions. These are provisions about Legal State (excluding the principle of separation of state power), Welfare State, etc. Another concept that also needs to be developed is institutional (the concept of the legal status of public authorities, their powers, checks and balances, etc.). These ideas, the author believes, should be a compromise between scientists, then become public and be implemented in the practice of constitutional construction.

scholarly journals To the 25th anniversary of the Constitution of the Russian Federation

2018 ◽  
Vol 8 (4) ◽  
pp. 1-3
Author(s):  
V.A. Pimonov
Keyword(s):  
Russian Federation ◽  
Popular Vote ◽  
Economic Rights ◽  
25Th Anniversary ◽  
Basic Law ◽  
Russian Constitution ◽  
History Of ◽  
The Russian Federation ◽  
The Individual ◽  
First Time

In December 2018, the country celebrates the 25th anniversary of the Russian Constitution. The current (fifth) Constitution of Russia was adopted for the first time in the history of Russian constitutionalism by popular vote. Now there are many critics of the current Basic law of Russia, claiming its illegitimacy (citing as evidence the argument that the Constitution did not vote for almost half of the population) and even the anti-people character, citing the fact that eliminated the system of Councils, including the Congress of people's deputies. At the same time, opponents do not take into account that they can now freely criticize the current Basic law of the state without fear of repression. The Constitution of the Russian Federation fixed an important norm according to which the person, his rights and freedoms are the highest value (Art. 2). Chapter 2 of the Basic law is devoted entirely to the personal, political, socio-economic rights and freedoms of the individual. One of the main advantages of the Constitution of the Russian Federation is that both advanced ideas of liberal social and legal philosophy and communitarianism are woven into its text.

CONSTITUTIONAL VALUES AT A NEW STAGE OF DEVELOPMENT OF THE BASIC LAW OF THE RUSSIAN FEDERATION

2020 ◽  
pp. 60-68 ◽  
Author(s):  
MARAT SALIKOV ◽  
MAXIM GONCHAROV
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Stage Of Development ◽  
Basic Law ◽  
Russian State ◽  
The Russian Federation

the article examines the changes in the Basic Law taking place in the Russian Federation and their impact on the legal regulation of the constitutional values of the Russian state.

scholarly journals Methods of big data definition: Russian and foreign experience

2021 ◽  
pp. 143-157
Author(s):  
Kseniia Antipova
Keyword(s):  
Big Data ◽  
Russian Federation ◽  
Personal Data ◽  
Legal Regulation ◽  
The European Union ◽  
Legal Doctrine ◽  
Original Definition ◽  
Data Definition ◽  
The Russian Federation

This article explores the main approaches of Russian and foreign authors towards big data definition; reflects the classification of data, components of big data; and provides comparative characteristics to legal regulation of big data. The subject of this research is the legislation of the Russian Federation and legislation of the European Union that regulate the activity on collection, processing and use of big data, personal data and information; judicial and arbitration practice of the Russian Federation in the sphere of personal data; normative legal acts of the Russian Federation; governmental regulation of the Russian Federation and foreign countries in the area of processing, use and transmission of data; as well as legal doctrine in the field of research dedicated to the nature of big data. The relevance of this research is substantiated by the fact that there is yet no conceptual uniformity with regards to big data in the world; the essence and methods of regulating big data are not fully explored. The goal of this research is determine the legal qualification of the data that comprise big data. The task lies in giving definition to the term “big data”; demonstrate the approaches towards determination of legal nature of big data; conduct  classification of big data; outline the criteria for distinguishing data that comprise the concept of big data; formulate the model for optimal regulation of relations in the process of activity on collection, processing, and use of the data. The original definition of big data in the narrow and broad sense is provided. As a result, the author distinguishes the types of data, reflects the legal qualification of data depending on the category of data contained therein: industrial data, user data, and personal data. Attention is also turned to the contractual form of big data circulation.

scholarly journals Digitization of Law: Some Problematic Aspects

2019 ◽  
Vol 12 (5) ◽  
pp. 147
Author(s):  
Valeev Damir Khamitovich ◽  
Nuriev Anas Gaptraufovich
Keyword(s):  
Russian Federation ◽  
Practical Importance ◽  
Digital Economy ◽  
Russian Science ◽  
Resource Base ◽  
Legal Doctrine ◽  
Law And Development ◽  
The Russian Federation ◽  
Russian Law ◽  
The One

This article reveals the important practical importance of academic cooperation between legal doctrine and achievements of technical laboratories in terms of defining “points of growth” in questions of digitalization of law and development of legal tools aimed at regulating the technogenic factor on the one hand and legal support of “game-changing” results in a in the conditions of digital economy on the other hand. The important role of the transformation of social regulators, designed to regulate the “infrastructural” and “institutional” incorporation of “digital” technologies into the existing legal system, is noted. The current place of the Russian Federation on readiness for the digital economy is subject to, among other things, insufficient theoretical study as a result of the regulatory framework, which often does not act as a platform for growth, but rather contains many gaps - which have to be overcome at the expense of law enforcement practice. The article notes that the trend of “digitalization” of Russian law is closely linked to the need to maintain the ecosystem of the digital economy and to identify “growth points” and enforce their urgent character based on the state’s resource base, defines a positive agenda for “digitalization” of Russian law and raises a number of questions for the Russian science. It is concluded that one of the topical issues in the framework of the “digitalization” of Russian law is legal robotics, which is perceived as the automation of workflows, the existence of interrelated algorithms of actions aimed at generating a predictable result based on some initial simulated and prescribed situation and maximum robotization of legal processes. Using the example of the Kazan Federal University, which proclaimed the promotion of innovative development of the focus areas of the Russian Federation as one of its missions, the achievements obtained as a result of the interaction of legal doctrine and technical laboratories are revealed.

Conflict of laws regulation of the international family relations in the Russian Federation (legislation and jurisprudence)

2021 ◽  
pp. 127
Author(s):  
Irina Get’man-Pavlova
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Family Relations ◽  
Private International Law ◽  
Legal Doctrine ◽  
Marriage And Family ◽  
Conflict Of Laws ◽  
The Family ◽  
The Russian Federation ◽  
The Law

Russian conflict of laws rules that determine the choice of law applicable to marriage and family relations associated with foreign law and order came into force in 1995 and have been in effect for more than 25 years. Despite the fact that this problem has been studied in great detail in the Russian legal doctrine, the relevance of the analysis of conflict of laws rules set forth in the Family Code of the Russian Federation is by no means exhausted due to the large-scale reform of the rules of Private International Law in the Civil Code of the Russian Federation and the current legislative regulation of international family relations in other States. The article concludes that conflict of laws regulation of the international family relations in the Russian Federation adopted more than 25 years ago needs serious modernization. It is reasonable to carry out the corresponding updating in the following directions: maximum specification of the content of conflict of laws rules for the purpose of more differentiated regulation of the family relations; establishment of a complex and detailed system of the connecting factors aimed at correct determination of the law the most closely connected with the relation and decision-making; the expansion of possibility of choice of the applicable law to divorce and property relations; application of the law the most favorable for a child should become a dominating connecting factor.

scholarly journals The Legal Doctrine in the Activities of the Constitutional Court of the Russian Federation

Russian judge ◽  
2020 ◽  
Vol 11 ◽  
pp. 27-31
Author(s):  
Olga O. Nebratenko ◽  
Keyword(s):  
Russian Federation ◽  
Practical Significance ◽  
Constitutional Court ◽  
Research Activity ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
National Body ◽  
The Russian Federation ◽  
Source Form ◽  
Short Time

The article is devoted to the study of legal doctrines in the activities of the national body of constitutional justice. In legal science, judicial practice, and state-legal reality, the term “doctrine” in various combinations has become one of the most widely used and ambiguous. At present, the attitude to the legal doctrine is changing, which in a short time has gone from an unused regulator of legal relations in the Russian legal system to an optional one, giving way only to the dominant source (form) of law — a normative legal act. References to doctrines in the final acts of the constitutional Court of the Russian Federation, as well as their direct formulation and use, are a special subject of research activity, which determines the practical significance of the proposed article.

scholarly journals Legal and Technical Defects of Constitutional Amendments of 2020

2021 ◽  
Vol 16 (12) ◽  
pp. 24-34
Author(s):  
V. S. Goleshchikhin
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Amendments ◽  
Legal Norms ◽  
Basic Law ◽  
Long Time ◽  
The Russian Federation ◽  
Natural Result ◽  
Legal Technology

The quality of legal and technical elaboration of amendments to the Constitution of the Russian Federation, approved by the all-Russian vote on July 1, 2020, does not correspond to the level of the Basic Law. Oddly enough, the constitutional legislator ignored a number of basic technical means, rules and methods of legal technique. Thus, the constitutional amendments were drafted without taking into account the requirements of the structural organization of the legal act, namely: many new norms were included in inappropriate articles, the transitional provision on "resetting the deadlines" was duplicated in the main text of the Constitution. The authors of the amendments abandoned criteria of efficiency and compactness of legislative norms, having included an identical set of restrictions in nine articles of the Constitution in relation to various categories of officials. The text does not meet the requirement for uniformity of legal regulation, legal structures, the unity, simplicity and brevity of terminology: the scope of constitutional restrictions for various categories of officials differs somewhat without any objective reasons; there is no uniformity in the issue of the possibility of establishing additional requirements for officials by laws, “bifurcation” of the titles for senators (who in Chapter 9 of the Constitution are still referred to as members of the Federation Council). Insufficient attention to the requirement of consistency of legal norms has led to the creation of a new contradiction between Art. 71 and 72 of the Constitution of the Russian Federation. Amendments also have a number of other legal and technical defects. Such serious and numerous defects in the legal technique of amendments to the Constitution of the Russian Federation became a natural result of a steady decline in the quality of federal legislation that has lasted for a long time. Constitutional amendments clearly demonstrate an insufficient level of legal culture in our country, which sharply raises the question of a radical improvement in the quality of legal technology, and legislative technology in particular.

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