scholarly journals THE LEGAL NATURE AND ESSENCE OF LEGAL POSITIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

2018 ◽  
pp. 212-219
Author(s):  
Maksim L. Romanov ◽  
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Legal Nature ◽  
The Russian Federation

CONSTITUTIONAL RESPONSIBILITY DETERMINATION AS A LEGAL RESPONSIBILITY TYPE: ON THE ISSUE STATEMENT

2018 ◽  
pp. 133-140
Author(s):  
N.E. Sadokhina
Keyword(s):  
Russian Federation ◽  
Special Kind ◽  
The State ◽  
Legal Responsibility ◽  
Constitutional Court ◽  
Legal Method ◽  
Legal Nature ◽  
The Russian Federation ◽  
Legislative Changes ◽  
The Stability

The relevance of the research topic is due to the uncertainty of the provision of constitutional responsibility in the system of legal responsibility types. The study purpose is to the legal nature analysis of constitutional and legal responsibility, allowing it to be viewed as a form of legal responsibility. The conducted research is based on general scientific analysis methods, deduction, and also private law – the formal legal method. So, on the basis of the analysis of the current legislation and law-enforcement practice, we conclude that the political and legal nature of constitutional responsibility is special. On the one hand, it is a form of legal responsibility and is applied to subjects of constitutional responsibility in cases provided for by constitutional norms. On the other hand, it helps to regulate relations that arise in the sphere of public administration, ensure the stability of the functioning of the state apparatus. It is established that this feature explains also the fact that constitutional responsibility can occur not only in case of an offense, but also in case of lawful behavior. It is determined that for consideration of the constitutional responsibility as a special kind of legal responsibility it is necessary to introduce a special procedural order of calling to account, including in particular the procedure for appealing the dissolution of the State Duma, giving the Constitutional Court of the Russian Federation the powers to consider such cases. And it is also necessary to fix a list of circumstances that may form the basis for a decision on mistrust in the Constitution of the Russian Federation. The conclusion is made that these legislative changes will underline the specificity of constitutional and legal responsibility and leave no doubt about its status as a kind of legal responsibility.

scholarly journals Topical Problems of Criminal Prosecution for Illegal Banking Transactions

2019 ◽  
Vol 13 (6) ◽  
pp. 962-970
Author(s):  
Diana Alekseeva ◽  
Irina Mikheeva ◽  
Tatyana Suspitsyna
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Legal Nature ◽  
The Subject ◽  
The Russian Federation ◽  
Bank Employees ◽  
Uniform Assessment ◽  
Unambiguous Interpretation

In recent years there has been an increase in the number of crimes under Art. 172 of the Criminal Code of the Russian Federation («Illegal banking»), whose subjects, among other things, act as intermediaries for their clients and are not one of the sides in a contract with the bank. Such practice is not indisputable, because innocent people could be prosecuted if there is a mistake in the qualification of actions. The authors of the article assess the actions of physical persons providing the services of intermediaries for the bank clients who open accounts, make payments, conduct encashment and different cash operations. Specifically, the authors note that different actions of the bank and the client connected with banking transactions are designated in law in the same way, which leads to controversial situations, including the qualification of such actions as crimes. The authors determine the legal nature of banking as an aggregate of systemic banking operations and conclude that the actions of physical persons — intermediaries who are not bank employees or managers or other persons authorized by the clients of the bank — do not correspond to the characteristics of a crime under Art. 172 of Criminal Code of the Russian Federation. They stress that the current edition of Art. 172 of the CC of the RF does not allow for an unambiguous interpretation of the subject of the analyzed corpus delicti; the authors also present data from court practice that testify that it does not have a uniform assessment. The position of the Constitutional Court of the Russian Federation on this issue raises questions. The authors support the legal approach according to which Art. 172 of the CC of the RF refers to a special subject (head or other employee of a credit organization). They also point out that the disposition of the norm, in the part that includes subjective characteristics, makes it possible to prosecute a person for both intentional and negligent actions, which is not very well-grounded; the authors support the position that a person can only be prosecuted for illegal entrepreneurship if the intention is determined.

scholarly journals Constitutional justice in the Russian Federation

2021 ◽  
Vol 7 (1) ◽  
pp. 396-400
Author(s):  
Elena Yevgenievna Grishnova ◽  
Tatiana Viktorovn Larina ◽  
Andrey A. Soloviev ◽  
Yuri Viktorovich Stepanenko ◽  
Yuriy Nikolaevich Tuganov
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
Research Problem ◽  
Inductive Method ◽  
Constitutional Court ◽  
Main Research ◽  
Systemic Analysis ◽  
Legal Nature ◽  
Constitutional Justice ◽  
The Russian Federation

The article aims at studying the legal nature and essence of constitutional proceedings with due regard to historical experience and modern legislative approaches to the structure and system of constitutional justice in Russia. The main research method was the deductive method which allowed the authors to study the legal nature of the Constitutional Court and its role in the separation of powers in Russia. The article also used the inductive method, the method of systemic analysis, and comparative-legal and historical methods. To solve the research problem, it is necessary to consider the legal foundations and features of constitutional justice based on the amendments made to the Constitution of the Russian Federation on July 1, 2020. The article proves that the legal nature and the main goal of constitutional control remain unresolved issues. According to the authors, the most important condition for the creation of a strong judicial power is its high independence. Judicial errors can also cause distrust in the judiciary.

scholarly journals The Theory of Criminal Law Should Not Be Reduced to the Analysis and Criticism of Criminal Legislation

2019 ◽  
Vol 14 (1) ◽  
pp. 121-140
Author(s):  
Anatoly Naumov
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Constitutional Court ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Principle Of Legality

In both normative and sociological senses criminal law includes three components — criminal legislation, judicial practice, and criminal law doctrine, and the development of this branch of law is possible only in their unity. The criminal law doctrine is to a certain extent superior to the other components of the "triad" and involves the development of the branch’s principles, goals and objectives. At the same time, the improvement of criminal law is not the only goal of the theory of criminal law. It should not be limited only to criticism of the current legislation and proposals for its improvement. However, the vast majority of modern domestic criminal law publications, such as monographs, articles in legal periodicals, dissertations, are devoted to criticism of the current Criminal Code of the Russian Federation. Indeed, the current criminal law is not perfect, but the "imbalance" of research into the "law-making" side significantly reduces the scope of criminal law doctrine. And there will always be demand for theoretical studies on the analysis of the subject and method, system and objectives of criminal law, its sources.Debatable, for example, still is the issue of the legal nature of the decisions of the Plenum of the Supreme Court of the Russian Federation and, in particular, the judgments of the Constitutional Court of the Russian Federation. The explanations of the Plenum of the Supreme Court are a special kind of judicial interpretation and a fairly reliable tool for the courts to understand "the letter of the criminal law" and it’s applicability to the particular case. As for the assessment of the legal nature of the judgments of the Constitutional Court of the Russian Federation, the criminal law doctrine often fails to notice that they touch upon the methodological problems of the theory of criminal law. In relation to a number of criminal law prohibitions, judgments of the Constitutional Court of the Russian Federation are a source of criminal law, along with the Criminal Code. The Constitutional Court of the Russian Federation specified the most important principle of criminal law — the principle of legality and clarified the characteristics of criminality of socially dangerous acts prohibited by criminal law, which is directly related to the issue of criminal liability. In this sense, the Constitutional Court formulated a new and important addition to the content of the principle of legality — the certainty of criminal law rules, and, first of all, the criminal law prohibitions. Thus, the judicial authority overtook the criminal law doctrine in solving one of the most important issues for criminal proceedings.

scholarly journals Preliminary Constitutional Review and its Implementation in Russia: Problems of Theories and Applications

2020 ◽  
Vol 15 (10) ◽  
pp. 36-43
Author(s):  
O. V. Brezhnev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Time Frame ◽  
International Agreements ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
Constitutional Review ◽  
Legal Nature ◽  
Constitutional Justice ◽  
The Russian Federation

The paper is devoted to the problems concerning the legal nature, normative regulation and the procedure for the implementation of the institute of preliminary constitutional review in the Russian Federation. Although the exercise of this type of constitutional control ensurs the prevention of the detected violations, it also carries certain risks associated with the limited time frame of its implementation, impossibility of taking into account interpretation of the contested norm in law enforcement, etc. The author demonstartes permissible forms of the use of preliminary control in the activity of the bodies of constitutional justice in Russia (when checking the constitutionality of international agreements and treaties of the Russian Federation, evaluating constitutional amendments, etc.). The author also investigates the practice of implementing the relevant powers. Particular attention is paid to the analysis of the legal positions of the Constitutional Court of the Russian Federation that stipulate the limits of the implementation of preliminary judicial constitutional review. The paper examines the issue of the powers of constitutional (charter) courts of constituent entities of the Russian Federation in the area under consideration.

scholarly journals Constitutional and Legal Aspects of State Control and Supervision Activities (Legal Positions of the Constitutional Court of the Russian Federation)

2019 ◽  
Vol 12 (5) ◽  
pp. 161
Author(s):  
Aygul Faritovna Samigullina ◽  
Almas Azgarovich Imamov ◽  
Ksenia Vyacheslavovna Kostina ◽  
Alevtina Aleksandrovna Goncharova
Keyword(s):  
Russian Federation ◽  
Legal Aspects ◽  
Constitutional Court ◽  
State Control ◽  
Public And Private ◽  
Private Interests ◽  
Legal Nature ◽  
Key Issues ◽  
The Russian Federation ◽  
Control Body

The presented article is devoted to the analysis of the legal positions of the Russian Federation Constitutional Court regarding the constitutionality of Russian legislation norms in the field of control and supervision activities. The generalization of the Constitutional Court practice of the Russian Federation allows you to group the decisions of the highest constitutional control body on several key issues: the limits of discretion by the legislator and law enforcer, the legal nature of state control and supervision measures, the balance of public and private interests in the sphere of relations under consideration and the guarantees of this balance. The team of authors concludes that the resolution of these problems is impossible without the Constitutional Court determining the content of a number of key concepts, developing the methodology for various constitutional principles and value balancing and, in general, focused efforts to constitutionalize Russian legislation.

scholarly journals The Legal Nature of Interrelations between a Deputy and Voters within the Framework of the Historical Development of Russia

2020 ◽  
Vol 10 ◽  
pp. 52-56
Author(s):  
Alla N. Gutorova ◽  
Keyword(s):  
Russian Federation ◽  
Soviet Period ◽  
Constitutional Court ◽  
Legal Nature ◽  
The Status ◽  
The Russian Federation ◽  
Democratic Principles ◽  
Main Components ◽  
Definition Of ◽  
The Relationship

There are actual problems connected with definition of the legal nature of the delegate’s mandate are considered in this article. Interaction of the delegate with voters largely determined determine by the legal nature of delegate’s mandate. The purpose of this study is to determine the relationship of the delegate and voters in the system of people’s representation in the Soviet period of development of our country. In most constitutions of foreign countries, a norm has been enshrined that characterizes the nature of the relationship between delegate and voters. In the Constitution of the Russian Federation, such a norm is absent, and it has not found its fixing either in federal or in regional legislation. The official interpretation of the nature of the delegate mandate by the Constitutional Court of the Russian Federation was not given. Therefore, to justify and understand the legal nature of the delegate mandate in the Russian Federation, it is necessary to analyze the state of this issue in the Soviet period. Despite the fact that the Soviet period gravitated to the imperative nature of the delegate mandate, nevertheless, only certain components of the imperative mandate were fixed in the legislation. In the “late Soviet” period, very democratic principles were enshrined in the legislation, but the question of the nature of the delegate mandate was not properly updated. Civil society during this period of time was more interested in the very right to participate in elections and the possibility of actually replacing a delegate mandate. In this connection, the status of deputies continued to “act by inertia”. Normative consolidation was found by all the main components of the imperative mandate, in connection with which, the idea of a “free” mandate is practically not traced.

scholarly journals Arbitration and compliance verification

2019 ◽  
pp. 70-79
Author(s):  
O. A. Benedskaya
Keyword(s):  
Russian Federation ◽  
Regulatory Compliance ◽  
Regulatory Control ◽  
State Court ◽  
Constitutional Court ◽  
Legal Nature ◽  
Regulatory Law ◽  
The Russian Federation ◽  
Compliance Verification ◽  
The Right

The article is devoted to the analysis of arbitration proceedings in the context of its participation in the implementation of judicial regulatory compliance verification. The fact that the arbitration court is bound by the requirement of legality and the need to implement casual regulatory control in accordance with the existing conflict of laws rules is substantiated based on the idea of the universal nature of the constitutional imperative of the rule of law and the Constitution of the Russian Federation and the understanding of the threefold nature of the arbitration court that combines social and jurisdictional, self-regulatory (law-forming) and mediation (conciliation) principles. At the same time, the legal nature of the arbitration proceedings should, in the author’s opinion, be disclosed not in a formal dogmatic manner or through commitment to the requirements of legal discipline as strict as in the state court, but on the basis of judicial activism and development of law in the context of social and business practice. The arbitration court may act contra legem to enhance the protection of the rights of the parties to the proceedings based on general, constitutional and sectoral principles of law. Faced with the applicable rule that violates the Constitution of the Russian Federation, the arbitration court must have the right to request the Constitutional Court of the Russian Federation (also in the form of a request obligation, if the decision of the arbitration court is final).

scholarly journals Obtaining Samples for a Comparative Study: Theoretical, Normative and Law Enforcement Problems

2021 ◽  
pp. 17-29
Author(s):  
Elena Zaitseva
Keyword(s):  
Law Enforcement ◽  
Comparative Study ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Procedure Code ◽  
Legal Nature ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article analyzes the debatable aspects of the normative regulation of obtaining samples for a comparative study according to the current Criminal Procedure Code of the Russian Federation. Attention is paid to the key problems in the regulation of this action, and to the difficulties that law enforcement employees face due to them. The author examines the questions of defining the legal nature of obtaining samples for a comparative study, and the possibility of using the operative search potential instead of the procedural method to obtain comparative samples. While analyzing the problems of setting the limits of compulsion for this action, the author stresses the incorrectness of some wording in the law (Art. 202 of the Criminal Procedure Code of the Russian Federation). In the light of ensuring the right of criminally prosecuted persons to defense, the author also presents a critical assessment of the legal positions of the Constitutional Court of the Russian Federation reflected in the Definition of July 23, 2020 № 1856-0, in the part where obtaining samples for a comparative study is recognized as an action of urgent nature.

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