scholarly journals STABILITY OF THE CONSTITUTION OF THE RUSSIAN FEDERATION AND MODERN CONSTITUTIONAL TRANSFORMATIONS: COMBINING AND BALANCING OPPORTUNITIES

Issues of Law ◽  
2020 ◽  
Vol 20 (2) ◽  
pp. 7-15
Author(s):  
A. V. Bezrukov ◽  
Keyword(s):  
Russian Federation ◽  
Public Interests ◽  
Public Power ◽  
Advantages And Disadvantages ◽  
Legal Assessment ◽  
Constitutional Reforms ◽  
The Russian Federation

Based on the idea of constitutional stability developed in the constitutional doctrine, the article considers the possibilities of modern constitutional transformations focused mainly on the modernization of the configuration of public power. Based on the analysis of the provisions of the Constitution, constitutional laws and not entered into force amendments to the Constitution, adopted on 14 March 2020 and put to a nationwide vote, the author shows the main directions, the advantages and disadvantages of the ongoing constitutional reforms, given their legal assessment. The author reveals the validity and necessity of constitutional modernization in the conditions of combining and balancing public interests and the possibility of preserving constitutional stability

scholarly journals State council in the light of the 2020 constitutional reforms

2021 ◽  
Vol 39 (3) ◽  
pp. 52-55
Author(s):  
P. R. Magomedova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
The State ◽  
State Council ◽  
Federal Law ◽  
Public Power ◽  
Advisory Body ◽  
Constitutional Reforms ◽  
Presidential Decree ◽  
The Russian Federation

The article analyzes the prerequisites for changing the legal status of the State Council of the Russian Federation, analyzes the Federal Law "On the State Council of the Russian Federation" dated December 8, 2020 No. 394-FZ and studies the changes that came into force in the light of the constitutional reforms of 2020. According to this Law, the State Council of the Russian Federation should become a real mechanism of public power in Russia, while remaining an advisory body and a platform for coordinating the interests of the regions and the center. The author conducted a comparative analysis of the State Council, which acted in accordance with the Presidential Decree of 2000, and the law adopted in 2020. Based on the conducted research, the author concludes that the amendments to the Constitution of the Russian Federation adopted in 2020 are timely and necessary in order to restore the existing government.

A criminal profiling of persons convicted for narcotic drugs and psychotropic substances illicit trafficking

2020 ◽  
Vol 2020 (3) ◽  
pp. 118-122
Author(s):  
Elizaveta Pavlik ◽  
Elena Ketenchieva
Keyword(s):  
Russian Federation ◽  
Leningrad Region ◽  
Public Interests ◽  
Drug Offenders ◽  
Psychotropic Substances ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Criminal Profile ◽  
Illicit Trafficking ◽  
Narcotic Drugs

This article provides a classification and characteristics of persons convicted for crimes in the field of narcotic drugs and psychotropic substances illicit trafficking. The article deals with the statistics in this sphere over the past five years. Based on the collected empirical evidence the authors analyzed the qualitative indicators of convicted drug offenders. The examination of statistical data from investigative and judicial practice on crimes in the field of narcotic drugs and psychotropic substances illicit trafficking made it possible to sketch a criminal profile of a person sentenced to imprisonment: a citizen of the Russian Federation, a male between 18 to 39 years, having a secondary general or vocational education. Moreover, the personality of a convicted person is characterized by his internal criteria deformation devaluing the norms and rules that express and consolidate public interests. The authors also conducted a comparative analysis of offenders convicted both in the Russian Federation and in such federal subjects as Saint-Petersburg and Leningrad region. The choice of St. Petersburg as one of the objects of this research is justified by the fact that it has been among the leaders of the regions with the largest number of recorded drug-related crimes for several years.

scholarly journals THE IDEAL AGGREGATE OF CRIMES STIPULATED BY ARTICLES 168, 264 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 11 ◽  
pp. 37-40
Author(s):  
Evgeniy V. Khromov ◽  
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Criminal Liability ◽  
Criminal Code ◽  
Civil Code ◽  
Road Accidents ◽  
Property Damage ◽  
Legal Assessment ◽  
The Russian Federation ◽  
The Ideal

The issue of criminal legal assessment of the consequences of road accidents in the event of property damage is relevant. Disposition of Art. 168 of the Criminal Code provides for criminal liability for the destruction or damage of another’s property on a large scale, including through reckless handling of a source of increased danger. By virtue of h. 1 Article. 1079 of the Civil Code of the Russian Federation, vehicles are considered sources of increased danger.

scholarly journals Updated Strategy of the state national policy of the Russian Federation: advantages and disadvantages

2019 ◽  
pp. 10-15
Author(s):  
Тамара Заметина ◽  
Tamara Zametina
Keyword(s):  
Russian Federation ◽  
National Policy ◽  
Legal Regulation ◽  
The State ◽  
Advantages And Disadvantages ◽  
The Russian Federation

The article is devoted to the analysis of the new version of the Strategy of the state national policy. The content of this document is considered in systemic connection with the Constitution of the Russian Federation in 1993 and other acts in the field of national relations. The advantages of the new version of the Strategy, as well as gaps and shortcomings of legal regulation are identified, some proposals for its improvement are made.

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 Constitutional Reform in Russia: Relevancy, Implementation, Prospects. Part 2. Amendments to the Constitution: Unsolved and New Issues and the Further Reformation Vector

2020 ◽  
Vol 12 ◽  
pp. 3-8
Author(s):  
Oleg Yu. Boldyrev ◽  
Keyword(s):  
Russian Federation ◽  
Constitutional Reform ◽  
Constitutional Reforms ◽  
The Russian Federation ◽  
The Law

The seriousness of the flaws in the 1993 Constitution of Russian Federation is a weighty argument in favor of its reform. However, it is important to answer the question whether the constitutional reform eliminated the main defects of the existing Constitution. The article shows that the Law on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ does not provide solutions to the most pressing problems, including those that justified its adoption, and, in addition, creates new problems and risks. Accordingly, the relevance of further constitutional reforms remains. A number of proposals have been formulated concerning their directions and forms.

scholarly journals Authorities and Officials of the Prosecutor’s Office as Subjects of Protection and Subjects of Violation of the Constitutional Right of Citizens to Petition

Lex Russica ◽  
2021 ◽  
pp. 33-43
Author(s):  
I. V. Timoshenko
Keyword(s):  
Russian Federation ◽  
Legal Protection ◽  
Public Power ◽  
The Status ◽  
Effective Instrument ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Objective Side ◽  
Administrative Code ◽  
The Right

The paper analyzes the status of bodies and officials of the prosecutor’s office as subjects of protection and subjects of violation of the constitutional right of citizens of Russia to petition as bodies exercising public power, whereas the very norm-principle of the basic Russian law on the right of citizens to petition is considered both as a constitutional right and as a constitutional safeguard. The author identifies the main practical problems, legal gaps and conflicts of law when citizens implement their constitutional right to petition and their reasons. The author proposes options for their elimination at the law-making and law-enforcement levels. It is noted that article 5.59 of the Code of the Russian Federation on Administrative Offences from 2011 providing administrative liability for violation of established procedure of consideration of citizens’ petitions, despite being a very effective instrument for the legal protection of the right under consideration, needs to be adjusted because its discretionary part contains only general language and does not reveal the objective side of this administrative offence. At the same time, prosecutor’s offices have long developed a certain practice concerning the application of Art. 5.59 of the Administrative Code of the Russian Federation as a means of public and legal protection of the violated right of citizens to petition. However, what should be done if the right of citizens to petition is violated by the prosecutors themselves with their special status as subjects of the offense, whereas it is the exclusive competence of prosecutors by operation of law to initiate cases under Art. 5.59 of the Administrative Code of the Russian Federation? The paper is devoted to the search for the answer to this question.

COLLODIZING LINKS IN PRIVATE INTERNATIONAL LAW

2021 ◽  
pp. 19-21
Author(s):  
Н.Д. Эриашвили ◽  
Г.М. Сарбаев ◽  
В.И. Федулов
Keyword(s):  
International Law ◽  
Present Article ◽  
Russian Federation ◽  
Legal Regulation ◽  
Private International Law ◽  
International Treaties ◽  
Public Interests ◽  
National Legislation ◽  
The Public ◽  
The Russian Federation

В представленной статье рассмотрены проблемы коллодирующих привязок в международном частном праве и особенности их правовой регламентации в законодательстве Российской Федерации. Автором проанализированы особенности нормативного закрепления данного типа привязок в системе международных договоров, а также механизм имплементации этих норм в национальном законодательстве различных государств. На основе сложившейся практики применения коллодирующих привязок национальными органами государственной власти обоснована необходимость учета публичных интересов государства в данных правоотношениях. The present article examines the problems of collodizing links in private international law and the peculiarities of their legal regulation in the legislation of the Russian Federation. The author analyzed the peculiarities of this type of binding in the system of international treaties, as well as the mechanism for implementing these norms in the national legislation of various states. On the basis of the established practice of applying collodial links by national authorities, the need to take into account the public interests of the State in these legal relations is justified.

Program for the development of small and medium—sized enterprises, individual entrepreneurs and self—employed in the regions of the Russian Federation in modern realities

2021 ◽  
Vol 14 (1) ◽  
pp. 142-156
Author(s):  
T. A. Shpilkina
Keyword(s):  
Russian Federation ◽  
Income Tax ◽  
Support Programs ◽  
Development Projects ◽  
Enterprise Development ◽  
Integrated Development ◽  
Advantages And Disadvantages ◽  
Tax Regimes ◽  
Federal Districts ◽  
The Russian Federation

In this article, the author outlines the issues of enterprise development of small and medium–sized enterprises, individual entrepreneurs and self–employed in the regions of the Russian Federation in modern realities». The author presents the directions of development of this sector of the economy according to the national project on the development of small and medium–sized enterprises, the dependence of their development on many causes is shown, including from the development of territories, urban development projects, tax regimes, support programs, and other factors. Data on concessional loans issued to small and medium–sized businesses, including sole proprietors, are presented starting from 2019 to 2020, and the planned loan volumes for them from 2021 to 2024 by Federal Districts of the Russian Federation, law on integrated development of territories, as well as the advantages and disadvantages of the Professional income tax. The importance of the development of subjects is indicated of enterprise development of small and medium–sized enterprises, individual entrepreneurs and self–employed as a strategic task for the development of the country’s economy.

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