Territories with special status within Federal States (constitutional and legal research)

Author(s):  
Игорь Ирхин ◽  
Igor Irkhin

This monograph comprehensively examines the constitutional and legal status of territories with a special status within the Federal States in the context of the Institute of territorial autonomy. The study is based on the experience of constitutional and legal regulation of the status of Autonomous districts in the "composite subjects" of the Russian Federation, administrative-territorial units with a special status in the constituent entities of the Russian Federation, Autonomous districts in India, Nunavut territory in Canada, unincorporated territories of the United States This monograph is one of the first works in the domestic jurisprudence, in which the study was conducted from the perspective of territorial autonomy. The publication is intended for researchers, postgraduates and students, all readers interested in constitutional (public) law, theory of state and law.

2021 ◽  
Vol 30 (1) ◽  
pp. 59-83
Author(s):  
Andrey Fursov

Currently, public hearings are one of the most widespread forms of deliberative municipal democracy in Russia. This high level of demand, combined with critique of legal regulations and the practices for bringing this system to reality – justified, in the meantime, by its development (for example, by the Agency for Strategic Initiatives and the Public Chambers of the Russian Federation) of proposals for the correction of corresponding elements of the legal code – make both the study of Russian experiences in this sphere and comparative studies of legal regulations and practical usage of public hearings in Russia and abroad extremely relevant. This article is an attempt to make a contribution to this field of scientific study. If the appearance of public hearings in Russia as an institution of Russian municipal law is connected with the passing of the Federal Law of 6 October 2003 No.131-FZ, “On the general organisational principles of local government in the Russian Federation,” then in the United States, this institution has existed since the beginning of the 20th century, with mass adoption beginning in the 1960s. In this time, the United States has accumulated significant practical experience in the use of public hearings and their legal formulation. Both countries are large federal states, with their own regional specifics and diversity, the presence of three levels of public authority and different principles of federalism, which cause differences in the legal regulation of municipal public hearings. For this reason, this article undertakes a comparative legal analysis of Russian and American experiences of legal regulation and practical use of public hearings, on the example of several major municipalities – the cities of Novosibirsk, Nizhny Novgorod, Voronezh and New York, Los Angeles, and Chicago. A comparison of laws influencing the public hearing processes in these cities is advisable, given the colossal growth in the role of city centers in the industrial and post-industrial eras. Cities in particular are the primary centers for economic growth, the spread of innovations, progressive public policy and the living environment for the majority of both Russian and American citizens. The cities under research are one of the largest municipalities in the two countries by population, and on such a scale, the problem of involving residents in solving local issues is especially acute. In this context, improving traditional institutions of public participation is a timely challenge for the legislator, and the experiences of these cities are worth describing. The unique Russian context for legal regulations of public hearings involves the combination of overarching federal law and specific municipal decrees that regulate the hearing process. There are usually two municipal acts regulating public hearings on general issues of the city district (charter, budget, etc.) and separately on urban planning. In the United States, the primary regulation of public hearings is assigned to the state and municipality level, with a whole series of corresponding laws and statutes; meanwhile, methodological recommendations play a specific role in the organisation of hearings, which are issued by the state department of a given state. It is proposed that regulating the corresponding relationships at the federal subject level will permit a combination of the best practices of legal administration with local nuances, thereby reinforcing the guarantee of the realization of civil rights to self-government. There are other features in the process of organizing and conducting public hearings in the United States, which, as shown in the article, can be perceived by Russian lawmakers as well in order to create an updated construct of public discussions at the local level.


Author(s):  
Larisa Yur'evna Dobrynina ◽  
Anna Viktorovna Gubareva

The authors examine the economic sanctions introduced nu the U.S., EU and their allies against the Russian Federation, as well as the legal mechanism of retaliatory measures taken by Russia on the nationwide scale. The changes in the international legal regulation derailed the vector of global development, which was bringing real freedom of economic activity. Establishment of the sanction regime by the aforementioned parties signifies a struggle for own influence, weakening of the positive trade and economic ties, as well as an attempt to institute a regime of protectionism within the international trade turnover exclusively for their own benefit. Based on the analysis of the normative-legal documents, an assessment is made on the legal legitimacy of the introduced discriminatory measures of the allies from the perspective of the norms of international law. This article presents the analysis of the positions of federal laws and other legislative bills of the Russian Federation, establishing gradual constraining countermeasures for foreign subjects in various spheres of activity. The authors substantiate the fact that introduction of retaliatory economic sanctions by the Russian Federation with regards to the United States, European Union, and their allies is directly related to the implementation of the principle of reciprocity, currently existing within private international law. It is noted that all these actions on protection from illegitimate sanctions are realized by Russia practically without participation of UN, WTO and other reputable international organizations in regulation of the “sanctions” issue. The extraterritorial measures introduced by the United States and the European Union justifies the movement of Russian into a new stage of evolution of legal regulation of the foreign economic activity, and in foreign trade – establishment of new markets in Asia, Africa and Latin America.


Author(s):  
Andrei D. Bezuglov ◽  

Introduction. The constitutional and legal status of persons who are not citizens of Russia is directly related to their political, social, personal and economic rights and freedoms. This raises the problem of correctly determining the status of persons who do not have Russian citizenship due to the fact that the legislation contains many provisions covering the totality of legal relations related to the status of a foreign citizen and a stateless person, where the personal and social rights of a person do not depend on his / her citizenship of another state. Theoretical analysis. The article examines the content of the constitutional status of non-citizens on the territory of Russia. It follows from the content of the first chapter of the Constitution of the Russian Federation that the concept of personality includes any person who is both a citizen and a foreign citizen, or a stateless person, therefore, the rights and obligations established in relation to a person apply to non-citizens. Empirical analysis. The analysis of many rights guaranteed by the Constitution of the Russian Federation revealed that they are not related to citizenship and apply to all people, therefore, non-citizens should have the ability, enshrined at the constitutional level, to protect their rights in case of their violation by contacting state bodies and local self-government bodies. Results. Non-citizens enjoy the rights and bear obligations on the equal basis with the citizens of the Russian Federation, taking into account the peculiarities and restrictions established by federal laws and international treaties. There is a promising opportunity to improve Russian legislation by identifying an independent term of “non-citizens”, which will unite foreign citizens and stateless persons in order to implement comprehensive legal regulation for this category of persons.


Author(s):  
V. A. Fadeeva

The Institute of the Business Ombudsman in Russia has been functioning in the Russian Federation for more than eight years. His work is positively evaluated by the business community. The article outlines some issues of legal regulation of the status of the Business Ombudsman in Russia. The analysis of the indicators of the annual reports of the federal business Ombudsman allows us to draw a conclusion about the effectiveness and relevance of the institute under study. The author comes to the conclusion that it is necessary to further improve the legal regulation of the status of the federal business ombudsman.


Author(s):  
VALERY P. ZHURAVEL ◽  

The article reveals real and potential threats to the national security of the Russian Federation in the Arctic region by the NATO. According to the author, these include: the strengthening of the military presence in the Arctic of the Arctic Ocean coastal States and other NATO countries; the increase in the combat capabilities of groups of coalition and national Armed Forces (Navy) of the United States and NATO; the development of naval-based missile defences and early warning systems; the expansion of the United States military satellite constellation to the Arctic; increased activity by the special services of foreign states in conducting intelligence activities in the Arctic and in the frontier territory of the Russian Federation; conduct of multinational military exercises and transfer of combat training areas to the Arctic; the desire of a number of foreign countries to give the Northern Sea Way the status of an international transport highway, and of the Norwegian leadership to change the status of Spitsbergen, to reduce and eventually completely displace the Russian Federation from the archipelago; increasing attempts to discredit the activities of the Russian Federation in the Arctic. The article discusses the measures of the Russian Federation to strengthen the defensive capability in the Arctic direction, paying special attention to the protection of its sovereignty and territorial integrity.


Author(s):  
Oleg Kozhevnikov

Almost three decades have passed since the appearance of the Law of the Russian Federation from 06.07.1991 No. 1550-1 «On local self-government in the Russian Federation». Over the past historical stage, the regulatory framework of local self-government and its bodies has significantly transformed: this applies to the concept of local self-government, territorial and organizational foundations, and of course the legal status of individual local self-government bodies. This article provides a comparative legal analysis of certain provisions of Federal law No. 131-FZ of 06.102.2003 «On General principles of local self-government organization in the Russian Federation» and Federal law No. 6-FZ of 07.02.2011 «On General principles of organization and activity of control and accounting bodies of subjects of the Russian Federation and municipalities» in the part concerning control and accounting bodies of municipalities. Based on the results of this analysis, significant contradictions were identified in the basic Federal normative legal acts regulating the legal status of the control and accounting body of a municipality, which need to be corrected by the Federal legislator in order to increase the level of unity and consistency in the legal regulation of the status of one of the most important bodies in the system of local self-government-the control and accounting body of a municipality.


2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Виолетта Трубина ◽  
Violetta Trubina

The shortage of blood plasma medicine in the Russian Federation has made the production of domestic medicine a top priority task of the state. Until recently the blood products were made mainly by state-owned enterprises, nowadays this has become very attractive for privately owned companies. In practice, they have to deal with the ambiguity of the status and transferability of blood plasma at different stages of the medicine production line. Therefore, the issue of legal regulation of plasma as the main raw material for the production of blood medicine has become to be a practical issue. This article attends to the problem of the nature and legal status of human blood plasma from the point of view of currently effective laws of the Russian Federation and European legislation. Special attention is paid to the basic principles applied to the use of human tissues and organs. The author reviews the legal regulation relating to the status of a human body and its organs from the point of view of international legal norms, civil legislation of the EU, Switzerland and the Russian Federation. Also, the author reasons the proprietary nature of the blood plasma as a source for biological medicine, and describes the factors limiting its transferability. The conclusion contains brief description of the legal status of the blood plasma.


2020 ◽  
Vol 36 (4) ◽  
pp. 59-62
Author(s):  
D. Sh. Pirbudagova ◽  
◽  
A.M. Omarova ◽  

The article examines the legal positions of the constitutional control bodies regarding the legislative regulation of the status of mass media. The authors note that the Constitutional Court of the Russian Federation has made decisions on the issues of financing, ownership and legal regulation of mass media, the relationship between the mass media, society and the state, the content of the constitutional prohibition of censorship and its correlation with restrictions on freedom of mass media, etc. Conclusions are drawn about the conceptual nature of the decisions of the constitutional Court of the Russian Federation aimed at clarifying the constitutional and legal status of mass media and contributing to filling legal gaps in this area


2021 ◽  
Vol 8 (2) ◽  
pp. 186-199
Author(s):  
Alexey S. Butorov ◽  
Roman A. Adlov

This article examines the main causes and processes for the development of US public youth policy due to legal regulation of governmental and public institutions. The research identifies the main legal terms used by American and Russian legislators and the systems of youth policy, analyze the mechanisms of functioning of state and public institutions for working with youth. In addition, the study provides examples of the implementation of youth policy in the United States and the Russian Federation at the federal, regional and municipal (local) levels.


2019 ◽  
Vol 23 (4) ◽  
pp. 546-564
Author(s):  
Emil V. Alimov

This article is devoted to the analysis of the genomic research legal regulation in the Russian Federation and the USA. In the United States, in addition to the legislation great importance is attached to medical and scientific institutions self-regulation, and such information is usually open. It is concluded that in Russia, despite the presence of both state and non-state scientific institutions engaged in genomic research, the mechanism of self-regulation as a whole is fragmented. It is also noted that Russia and the United States have specific legal regulation of these relations, which is reflected in the text of the article. For example, in the United States, unlike Russia, most organizations conducting genomic research, including genomic testing, are non-governmental. Currently, the general trend in the legal regulation of genomic research in Russia and the USA is the active development of normative legal regulation. Moreover, a significant difference in the approaches of these countries is the active role of the US states in the development of regional legal regulation on these issues. Despite the fact that Russia is a federal state, the subjects of the Russian Federation are significantly limited in the genomic research legal regulation possibilities. This is largely due to both legal and political reasons that were given in this article. In the United States, a number of statutes have been adopted at the state level that regulate genomic research in such aspects as health insurance, confidential of personal information, the prohibition of discrimination, screening of newborns, and certain types of clinical and scientific research. It should be noted that the genomic research regulation in the United States is not integrated into a single national consolidated act, which is a feature of this legal system. A comparative legal study of the fundamentals of legal regulation and self-regulation of genomic research in Russia and the USA made it possible to understand the specifics of regulation of these issues in different legal systems. The positive regulatory experience in conducting genomic research in the United States can be used to improve the regulatory framework of the Russian Federation in this area.


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