scholarly journals BASICS OF THE JUDICIAL CONSTITUTIONAL REVIEW AND ENFORCEMENT IN RUSSIAN AND BRAZILIAN FEDERAL STRUCTURE

2017 ◽  
Vol 3 (3) ◽  
pp. 43-48
Author(s):  
Игорь Семеновский ◽  
Igor' Semenovskiy
Keyword(s):  
Comparative Analysis ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Constitutional Review ◽  
Constitutional Principle ◽  
The Russian Federation ◽  
Federal Supreme ◽  
Federal Structure

This article is devoted to the comparative analysis of bases of legal regulation of the constitutional proceedings and enforcement in the Russian Federation and the Federative Republic of Brazil, whihc are the Member States of BRICS. The author provides a brief overview of the constitutional regulation of the judiciary and a comparative analysis of the models of judicial constitutional control in Brazil and Russia; examines in detail the legal regulation of judicial constitutional control of the two states, including a review of the constitutional regulation of judicial procedures used by the Federal Supreme Court of Brazil. The article contains a few examples of the application by the highest bodies of judicial constitutional control of the constitutional principles of the federal structure and analyzes some decisions of the Federal Supreme Court of Brazil and Constitutional Court of the Russian Federation, which have influenced the development of federalism in these states. On the basis of the study of the basic laws and other acts the author has made a conclusion about the similarities and differences in the legal regulation of judicial constitutional control in the sphere under consideration. So, he marked even more rigid interpretation of the Constitution by the Federal Supreme Court of Brazil, unlike the Russian practice, to the consideration of cases on conformity with Brasilian Constitution, state legislation and other normative-legal acts. For example, Brazilian and Russian federalism specifies and examines the constitutional principle of the Federal structure – the principle of symmetry. The conclusion is that the approach of the Russian legislator and the Constitutional Court of the Russian Federation is more variable to regulate the issues and opportunities change the criteria of construction of models of organization of state power at the level of constituent entities of the Russian Federation with greater freedom in determining the internal structure then in Brazil.

scholarly journals Sources of Formation of Legal Positions of Russian Highest Judicial Bodies

2021 ◽  
pp. 130-142
Author(s):  
Mariia Viktorovna Globa
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Legal Method ◽  
The Supreme Court ◽  
The Russian Federation

The present study is devoted to determining the place and role of legal positions of higher judicial bodies of Russia (judicial legal positions) in the mechanism of legal regulation. Let us specify in advance that the author means the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation (taking into account the 2014 amendments made to the legislation concerning the liquidation of the Supreme Arbitration Court of the Russian Federation) as the higher judicial bodies of Russia. Establishing the meaning and role of judicial legal positions in the mechanism of legal regulation is carried out by the author of this study through the analysis and demonstration of the main sources of formation of legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation. In this regard, the author of this work identifies as sources of formation of judicial legal positions: legal and non-legal. Non-legal sources of formation of legal positions of the highest courts of Russia differ from the legal ones in the fact that initially they do not have material expression, exist in the abstract, however, have no less importance for the process of formation of judicial legal positions. To the legal sources of creating legal positions of the highest judicial bodies of Russia the author includes: formal sources of law, current legal practice, legal doctrine. As non-legal sources of formation of legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation are: the inner conviction of a judge and professional legal consciousness of a judge. The author of this scientific research consistently reveals the importance and role of each source of formation of judicial legal positions. The conducted study of the most significant sources of formation of judicial legal positions allowed to better understand the place of legal positions of higher courts of Russia in the legal system and their role in legal regulation, which is reduced not just to the interpretation of judicial acts, but also to the formation of new legal provisions, which ultimately form a uniform judicial practice. Methodological basis of the study consisted of: analysis, synthesis, comparative-legal method, deduction, induction and other ways of knowledge used in science. Scientific conclusions and proposals contained in this work may serve as a basis for further theoretical study of the problems of judicial legal positions and used in the activities of legislative and law enforcement bodies.

scholarly journals A Special Legal Approach to Interpretation of Norms of Criminal Procedure Law

Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 63-74
Author(s):  
D. P. Velikiy
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Legal Interpretation ◽  
Legal Method ◽  
The Supreme Court ◽  
Criminal Procedure Law ◽  
The Russian Federation

The paper discusses the issue of a special legal approach to interpretation of norms of criminal procedure law. On the example of criminal procedural law the author substantiates the independent character of the special legal method of interpretation, its difference from the grammatical and systematic (systemic) methods of interpretation of law, as well as the place of this method among other means of interpretation. The subject of special legal interpretation include: special legal terms, concepts, categories, legal structures, types (regularities) of legal regulation, rules of legal technique, theoretical provisions. The vast majority of such interpretations were carried out by the Plenum of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation, which is predetermined by the need for a common understanding of criminal procedural terminology. Unlike grammatical interpretation, which provides a linguistic analysis of the text of the law, systematic interpretation in which interpretation takes into account the place of the norm in the systemic relationship with other norms, in special legal interpretation the main source of information is legal knowledge, i.e. the knowledge of law and legal theory. If a special legal interpretation is carried out by an official body, it is usually normative. Also, based on the legal stances of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation, the author gives examples of “evolution” of legal standings from special legal interpretation to adoption and amendment of legal norms. The article investigates the judicial practice containing the results of special legal interpretation of criminal procedural rules, e.g. legal concepts and terms defined by the same words, but having different meaning depending on the branch of law in which they are used. The author also gives examples of determination of the branch of law to which the norm belongs by means of special legal interpretation.

scholarly journals Interested privies as participants of constitutional court proceedings: prospects of using foreign experience in Russian legislation

2018 ◽  
Vol 2 (1) ◽  
pp. 123-132
Author(s):  
Anna V. Nikitina
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Court ◽  
Foreign Experience ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Constitutional Legitimacy

Subject. The article is devoted to analysis of some issues concerning realization of adversary principal in proceedings in the Constitutional Court of the Russian Federation.Purpose. The purpose of the article is to analyze foreign experience of legal regulation of the status of constitutional court process participants as parties and/or interested persons in constitutional court proceeding, to give arguments in favor of introducing the category of ‘interested privies’ in Russian legislation regulating constitutional court proceedings.Methodology. The author uses theoretical analysis as well as legal methods including formal legal analysis and the method of legal comparison.Results, scope of application. Law often does not specify the party opposing the claimant during the proceedings in the Constitutional Court of the Russian Federation. The need to introduce the adversary principal in such cases requires to introduce the category of ‘interested privies’, whose rights and duties may be affected during the case solution in the Constitutional Court of the Russian Federation.The following persons and entities may become interested privies in Constitutional proceedingst: persons whose claims brought against the decision of intergovernmental body for protecting human rights and freedoms - in cases on possibility of executing the decision of intergovernmental body for protecting human rights and freedoms; the State Duma and the Council of Federation of the Federal Assembly of the Russian Federation as bodies participating in ratification of the treaty - in cases on the check of constitutional legitimacy of a treaty about accepting new subject into the Russian Federation; constitutional bodies and public offices whose constitutional legal status may be changed as a result of official interpretation of constitutional rules - in cases on interpreting the Constitution; the RF Central Election Committee - in cases on the check of constitutional legitimacy of an issue introduced for the referendum of the Russian Federation; the President of the Russian Federation (if the request comes from the Supreme Court of the Russian Federation); the State Duma, the Supreme Court of the Russian Federation, President of the Russian Federation - in cases on providing the ruling about the observance of the established rules public prosecution of the President of the Russian Federation for treason or another serious offence.Conclusions. The category ‘interested persons’ will enable to provide guarantee of fair trial in resolving constitutional court conflicts, if such category would be included into Russian legislation.

scholarly journals Constitutional-legal conditions for application of international treaties of the Russian Federation

2021 ◽  
pp. 72-83
Author(s):  
Egor Krivosheev
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
International Treaties ◽  
International Treaty ◽  
Constitutional Principle ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Government

This article discusses the questions of application of international treaties concluded on behalf of the Russian Federation, the Government of the Russian Federation, federal executive branches, or authorized organizations. The subject of this research is the constitutional norms of the Russian Federation and other normative legal acts that regulate the procedure for concluding, executing and terminating the international treaties of the Russian Federation, legal provisions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, as well as scientific works on the topic. Special attention is given to the analysis of the constitutional principle that the international treaties of the Russian Federation are part of the legal system of the country. The author reveals the gaps in the current legislation of the Russian Federation specifying the constitutional provisions on the conditions for application of international treaties in the Russian Federation. It is established that the 2020 constitutional reform has improved the mechanism for protecting state sovereignty, and led to formulation of the constitutional-legal condition for application of the decisions of intergovernmental bodies adopted based on the provisions of international treaties of the Russian Federation. The article makes recommendations for the improvement of constitutional-legal regulation of application of international treaties of the Russian Federation. The conclusion is drawn on the existence of mandatory (compliance of the international treaty with the Constitution of the Russian Federation, its formalization, enactment, and consent to its universal binding), as well as optional (publication of domestic acts for application of the international treaty) constitutional-legal conditions for application of international treaties of the Russian Federation.

Hearing of Cases about Indemnification, Caused to the Environment: Procedural Questions ofJudicial Practice

2020 ◽  
Vol 4 ◽  
pp. 48-58
Author(s):  
M. A. Fokina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Research Gaps ◽  
Supreme Courts ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

Research objective is the analysis of practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on cases of indemnification caused to the environment. Proceeding their concepts of integrative right understanding the author reveals the importance of legal positions of the supreme judicial authorities for law-enforcement practice of inferior courts by hearing of cases about indemnification, caused to the environment. During the research gaps in the current legislation and ways of their completion in judicial practice are revealed. Methods. As methods of a research the legallistic method, synthesis, the analysis, induction, deduction were used. Results. The research showed certain shortcomings and gaps of legal regulation of an order of the indemnification caused the environment. Legal positions of the supreme courts which allowed to meet lacks and shortcomings of the legislation are revealed and analysed and to provide appropriate protection of the rights of citizens and legal entities.

К ВОПРОСУ ОПРЕДЕЛЕНИЯ ФИНАНСОВО-ПРАВОВОГО РЕГУЛИРОВАНИЯ В СФЕРЕ ОБРАЗОВАНИЯ И НАУКИ В РФ: ПРОБЛЕМНЫЕ АСПЕКТЫ И ПУТИ ИХ РЕШЕНИЯ, СРАВНИТЕЛЬНЫЙ АНАЛИЗ С ЗАРУБЕЖНЫМИ СТРАНАМИ

2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Innovation Activity ◽  
Foreign Countries ◽  
The Russian Federation

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.

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.

scholarly journals Addressing local government issues in the practice of the Constitutional Court of the Russian Federation during the implementation of municipal reform in Russia

2020 ◽  
Vol 6 (2) ◽  
pp. 133-147
Author(s):  
Aleksey Andreevich Amiantov
Keyword(s):  
Russian Federation ◽  
Descriptive Analysis ◽  
Constitutional Court ◽  
Local Authorities ◽  
Constitutional Principle ◽  
Municipal Reform ◽  
The Russian Federation ◽  
Regional Authorities ◽  
Legal Consequences

The presented study is devoted to the study of the practice of the Constitutional Court of the Russian Federation in relation to issues of local self-government in the context of the municipal reform of 2014-2015. and its legal consequences. The aim of this work is to carry out a comprehensive assessment of the practice of the Constitutional Court of the Russian Federation on the identified problems of the work of local authorities in the period following the start of municipal reform. The research methodology is built by combining descriptive analysis elements and a case study. It is concluded that the Constitutional Court of the Russian Federation has consistently maintained its position on the constitutional nature of the reform of local authorities. The provisions of the relevant regulatory legal acts are limited only partially and only in relation to first-level municipalities - municipal authorities of settlements. Given the deprivation of the latter a significant part of the powers and the observed transition to a singlelevel system of local self-government, the adoption of these restrictions does not significantly affect the implementation of the reform. Of fundamental importance is the position of the Constitutional Court of the Russian Federation regarding the new powers of regional authorities in relation to municipalities. The increase in the arsenal of legal instruments of the influence of the leadership of the constituent entities of the federation on the heads of local self-government was not interpreted as a violation of the constitutional principle of the independence of municipalities. The latter opens up the possibility for further legalization of the process of embedding municipal bodies in the structure of the informal “power vertical”.

scholarly journals CHOICE OF THE TYPE OF PERMITTED USE OF A LAND PLOT BY ITS RIGHT OWNER: PROBLEMS OF LEGAL REGULATION

2021 ◽  
Vol 31 (2) ◽  
pp. 251-256
Author(s):  
G.L. Zemlyakova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Federal Legislation ◽  
Constitutional Court ◽  
Land Plot ◽  
The Russian Federation

The reason for writing this article was the Resolution of the Constitutional Court of the Russian Federation of October 16, 2020 No. 42-P, the adoption of which is due to the lack of proper legal regulation of the choice of the type of permitted use of a land plot by its rightholder. Federal legislation does not directly provide for the obligation of the rightholder of a land plot to choose the type of its permitted use, and there is no procedure for its implementation. Therefore, the coercion of the rightholder to conduct cadastral registration of a land plot in connection with the choice or change of its permitted use, and even more so bringing to responsibility for the use of the land plot not in accordance with its permitted use due to failure to fulfill such an obligation cannot be recognized as legal and justified. In this regard, the author made proposals for improving the legislation.

scholarly journals LEGAL REGULATION OF NOISE IMPACT ON THE ATMOSPHERIC AIR IN THE RUSSIAN FEDERATION: A COMPARATIVE ANALYSIS OF REGIONAL LEGISLATION

2020 ◽  
Vol 30 (2) ◽  
pp. 249-255
Author(s):  
S.A. Gagarin ◽  
M.B. Uage
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Unified Approach ◽  
Distinctive Features ◽  
Atmospheric Air ◽  
Noise Impact ◽  
The Russian Federation ◽  
Acoustic Impact ◽  
Physical Impact

The article examines the provisions of legislation on the sanitary and epidemiological welfare of the population, regulating the restrictions of negative physical impact on the environment. The article considers the provisions of regional legislation aimed at regulating the issues of ensuring the peace and quiet of citizens. The authors note that the Code of administrative offences of the Russian Federation does not contain a direct ban on actions that violate the peace and quiet of citizens at night, but the corresponding restrictions apply in almost every subject of the Russian Federation. The article analyzes the legal regulation of relations connected with ensuring peace and quiet in a number of subjects of the Russian Federation. Regional acts determine specific prohibited actions that are subject to administrative liability in the form of a fine. The article highlights common and distinctive features of the legislation of the subjects of the Russian Federation in the field of acoustic impact. It is concluded that it is necessary to develop a unified approach to ensuring silence in the Russian Federation.

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