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

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.

2019 ◽  
Vol 23 (2) ◽  
pp. 163-183
Author(s):  
Nikolay A. Vlasenko

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.


Author(s):  
Elena A. Abaeva ◽  

Introduction. The reform of the Basic Law throughout the modern history of Russia has been determined by the political expediency of transforming the presidential power. Until the mid-2000s the constitutional inviolability supported by the authorities was aimed at preserving its political stability. Theoretical analysis. The Russian Federation has entered a new stage of constitutional development, due to the need for constitutionalization – giving a legitimate character to the prevailing presidential power. Any constitutional reform requires a theoretical understanding of its legitimacy, expediency, legality. Empirical analysis. The main factor in modern constitutional reform is the need for constitutionalization of presidential power. Results. The introduction of additional procedures for the adoption of an amendment to the Constitution testifies to the political will of the President of the Russian Federation to enlist the support of active participants in constitutional processes, thereby putting the ongoing constitutional reform in a legitimate and legal form.


2020 ◽  
Vol 17 (5) ◽  
pp. 496-509
Author(s):  
Grigory A. Moiseev

Pyotr Ilyich Tchaikovsky and Grand Duke Konstantin Konstantinovich (the august poet K. R.) were linked by many years of friendship and creative cooperation. After the composer’s death (October 25, 1893), K. R. became involved in the process of perpetuating his memory. The posthumous dialogue was manifested in various forms: Grand Duke Konstantin Konstantinovich’s participation in church and secular memorial ceremonies, private commemorations, and his close communication with M.I. Tchaikovsky and V.L. Davydov — the composer’s brother and nephew. In addition, K. R. reexamined his creative and epistolary communication with the composer, whose memory he would pass on to his children. These and other aspects are considered in three sections of the proposed article: 1) “Under the Sign of the Liturgy Op. 41” (this spiritual and musical work runs through the whole life of the Grand Duke); 2) “The Grand Duke and M.I. Tchaikovsky” (a key figure in the “human” aspect); 3) “K. R. Reads ‘The Life of Pyotr Ilyich Tchaikovsky’” (one of the most important findings was a copy of the book ‘The Life of Pyotr Ilyich Tchaikovsky’, which belonged to Grand Duke and bears his notes; they retrospectively reflect the process of in-depth family reading). The article is based on documentary materials from Russian and foreign collections (including the State Archive of the Russian Federation and the Library of Congress, USA), many of which are introduced into scientific use for the first time. The article uses methods of comparative source studies. The materials of the article can be used in a course of the history of Russian music, as well as in a modern commented edition of the epistolary heritage and diaries of P.I. Tchaikovsky, M.I. Tchaikovsky and Grand Duke Konstantin Konstantinovich.


Author(s):  
Andrey V. Arkhipov ◽  
◽  

The article examines the history of the emergence and development of Russian legislation on criminal liability for fraud. It is noted that for the first time fraud is mentioned in the legal acts of the second half of the 16th century - the Codes of Justice of Tsars Ivan IV and Fyodor Ioannovich. Initially, fraud was most often understood as a deft but petty theft, in which de-ception was used to facilitate its commission. The understanding of fraud as the theft of other people's property, committed by deception, began to be formed only in the second half of the 18th century with the publication on April 3, 1781 by Empress Catherine II of the Decree "On the court and punishments for theft of different kinds and the establishment of working houses in all the gubernias." In the 19th century, the clarifying process of the content of the term "fraud" continued. It was reflected in the first codified criminal laws of the Russian Empire - Code of crimi-nal and corrective penalties of Russia of 1845 and the Charter on Punishments imposed by the justices of the peace of 1864. A significant contribution to the development of the Russian criminal law on liability for fraud was made by a group of legal scholars involved in the de-velopment of the Criminal Code of the Russian Empire, in which the whole Chapter 33 (Arti-cles 591-598) contained the rules on liability for fraud. Although the 1903 Criminal Code was not fully enacted, it had a significant impact on the formation of criminal law on liability for fraud in subsequent regulations. During the Soviet period, the legislation on the responsibility for fraud continued to develop. For the first time, abuse of trust was mentioned as a method of crime, along with deception. After the collapse of the Soviet Union and the adoption in 1993 of the Constitution of the Russian Federation, the Federal Law 10 of 01.07.1994 made signifi-cant changes to the Criminal Code of the Russian Federation of 1960 that served as the basis for the system of crimes against property in modern Russia.


Author(s):  
Andrei N. Artizov ◽  
Petr V. Stegniy

The article describes the history of appearance of the Baron Ginzburg Collection in the holdings of the Russian State Library. This Collection of Jewish and Arabic books and manuscripts of Baron Ginzburg is considered to be one of the treasures of the Russian State Library. The manuscript part of the Collection consists of 1913 units of the 14th - 19th centuries. In 2010 the Prime Minister of Israel Benjamin Netanyahu during the official visit to the Russian Federation raised the issue of transfer of the Ginzburg Collection to Israel “as a reciprocal gesture of good will” (the building of St. Sergius Metochion in Jerusalem was returned to the Russian Federation at the end of 2008). The search of documents relating to the fate of the Baron Ginzburg Collection in Russia held in the Russian archives produced unexpected results. After the First World War the Society of Friends of the Jewish National and University Library in Jerusalem (JNUL), created in London, got interested in the Ginzburg Collection. At the beginning of the 1920s representatives of JNUL claimed that Baronesse M. Ginzburg has been paid in advance and there has been drawn the act of purchase and sale of the Collection. However they did not submit any documents which could confirm the version of sale of the Collection. By that time books and manuscripts were nationalized as scientific treasures and got held at the Rumyantsev Museum. The Museum leadership and Soviet Jewish community objected the idea of transfer of the Collection. Director of JNUL G. Leve appealed to V. Lenin, to A. Lunacharsky, the People’s Commissar of Education, and to other leaders of the Soviet Russia to solve the matter concerning the transfer of the Collection to Jerusalem. The request was supported by the famous scientist Albert Einstein. His letters to A. Lunacharsky are published for the first time.


Author(s):  
A. V. Tchuvilsky

On 3-10 August, 2014 in the framework of the All-Russian Youth Forum "Seliger-2014" at the support of the Ministry of Culture of the Russian Federation and under the auspices of the Section "Young in Librarianship" of the Russian Library Association there was for the first time organized the Session "Librarian of the future". The year 2014 became a landmark for young librarians, as the Session "Librarian of the future" for the ten-year history of "Seliger" Forum was held for the first time. The article describes the key objectives, events and acting persons of Session.


Using the example of the principle of adversarial proceedings and equality of the parties, the author discusses the Russian Constitutional Court’s activities on the non-textual development of provisions of the Constitution of the Russian Federation. The author analyzes the constitutional law-making tools of the Court and the mechanism of its influence on legal rules at the constitutional level, and finds that the norms of the Russian Constitution have a huge regulatory potential, but are not able to express the will of the constitutional legislator in relation to each specific situation. In turn, the legal positions of the Constitutional Court of the Russian Federation are an instrument of a more subtle (substantive, targeted, dynamic) constitutional and legal impact. They reveal the semantic values of the norms of the Basic Law, summing up the constitutional legal basis under the provisions checked for compliance with the Constitution of the Russian Federation. The author concludes that the norms of the Basic Law taken in unity with the legal positions of the Constitutional Court of the Russian Federation provide the necessary regulatory effect and form an integrative constitutional and legal regulator at the meta level.


2021 ◽  
pp. 193-204
Author(s):  
Natalya I. Gorlova ◽  

The article draws on extensive sources discovered by the author in the State Archive of the Russian Federation (GARF) to reconstruct the history of volunteering in preservation of material patrimony of Russia in the 1960–1980s under the auspices of the All-Russian Society for the Protection of Monuments of History and Culture and to investigate forms and methods of public conservation activities. The relevance of the problem is connected to the development of national volunteer movement in preservation of historical and cultural monuments, which coincided with a rise in the scholars’ interest to volunteering in general. The author has identified archival documents, many of which are being introduced into scientific use for the first time. The article reviews the composition of archival documents in the GARF fond, substantiates the possibility of integrated approach to studying of documentary materials on the history of volunteering in conservation and restoration. Documents differ in their content and quite adequately cover the multifaceted activities, forms and methods of work of voluntary activists. The first group is associated with organizational and administrative documents. The second group includes sources of reporting documentation. Office correspondence is the third group of sources. The information potential of various types of documents has been investigated. The value of these materials for studying organization and substantive aspects of voluntary public participation in the conservation activities (restoration and conservation work, identifying, photographing, assessing the condition and usage of historical and architectural monuments, patronage work, inspection, etc.) differs greatly. The author has revealed the names of participants in restoration volunteer groups and associations. The article takes on a special meaning in the context of development and replication of public activities in the field of preservation of material patrimony, while taking into account the historical experience.


2021 ◽  
Vol 1 ◽  
pp. 34-38
Author(s):  
Oleg V. Brezhnev ◽  

For the first time in the history of Russian constitutional justice 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 authorities” provided for as part of the mechanism for its entry into force a special authority of the Constitutional Court of the Russian Federation related to mandatory checking the new constitutional regulation for compliance provisions of chapters 1, 2 and 9 of the Constitution of the Russian Federation. The article reveals substantive and procedural features of this authority of the Constitutional Court of the Russian Federation, concerning the subject and criteria for checking the legal provisions under consideration, the organizational form of constitutional proceedings used in this case, the legal force of the decision of the Constitutional Court of the Russian Federation, etc. Disclosed the relationship of this regulation and already formulated legal positions of the Constitutional Court of the Russian Federation on certain aspects of the implementation of constitutional justice. In the prognostic plan, the need for more detailed legislative regulation of the procedure for exercising powers associated with mandatory constitutional control is shown.


Author(s):  
С.В. Девятов

Статья посвящена истории одного дня в Московском Кремле. Это был последний день существования СССР – 25 декабря 1991 года. На фоне показа исторических событий того времени рассказывается о смене Государственного флага СССР на Государственный флаг Российской Федерации. Впервые публикуется уникальный документ – акт о замене флага, написанный непосредственно после этого события и подписанный всеми участниками. The article is devoted to the history of one day in the Moscow Kremlin. It was the last day of the USSR's existence – December 25, 1991. The events of that time create a perfect background, the Soviet flag was lowered from Kremlin and then replaced by the three-color Russian Federation flag. For the first time published is a unique document — the Act of flag replacement written shortly after the events and signed by all participants.


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