scholarly journals A Rational Model of the Constitutional Regulation

Lex Russica ◽  
2019 ◽  
pp. 70-82
Author(s):  
A. A. Liverovskiy
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Social Relations ◽  
The State ◽  
The Body ◽  
Constitutional Court ◽  
Natural Origin ◽  
Legal Principles ◽  
The Russian Federation ◽  
The Law

25 years of influence of the Constitution of the Russian Federation on public relations in our State has radically changed the idea of the Constitution and Constitutional Law. Admission of the Constitution of the Russian Federation by the society marked the formal recognition of social values spelled out in the Constitution and the nature of the legal principles implementing these values that are generally recognized by international law. The system of constitutional principles of natural origin became the basis for the constitutional regulation of social relations. The natural origin of legal principles means that they emerged in legal reality as a result of rational activity of a man, not only in terms of legitimizing the natural rights inherent in the man from birth, but also within the framework of their corrective impact on state regimes in light of promotion of civil rights and human freedoms. The natural origin of the constitutional principles gives an objective character to the constitutional regulation, and their predetermination and supremacy in relation to the influence of the legislative activity of the State power allows to create a constructive dichotomy of the constitutional and legislative regimes. In the theoretical and legal sense, constitutional principles as regulators of social relations constitute the “law of the Constitution”. Its fundamental part consists of the basic constitutional principles that determine the foundations of the constitutional system. The paper defines the mechanism of influence of constitutional principles on public relations that is different from the normative regulation: constitutional principles, in contrast to the norms acting in full compliance with their content, act in accordance with a a certain detectable extent of its content. Legal development of constitutional regulation arises from the interpretation of constitutional principles by the Constitutional Court of the Russian Federation. Resolving cases with regard to the constitutionality of normative legal acts, the body of constitutional justice creates legal stances — new constitutional regulators of social relations that not only correct the constitutional development of the State, but also are the law-making characteristics of the decisions. Using the construction of constitutional regulation, the author proposes an actual understanding of the problem of constitutional identity.

scholarly journals Individual and Authorities: Principle of Sustaining Citizens’ Trust to the Law and Actions of the State

2019 ◽  
pp. 143-158
Author(s):  
Alexey Semitko
Keyword(s):  
Russian Federation ◽  
The State ◽  
Constitutional Court ◽  
Social Conventions ◽  
Legal Principles ◽  
The Public ◽  
Russian Constitution ◽  
Legitimate Expectations ◽  
The Russian Federation ◽  
The Law

The paper analyzes the principle of sustaining citizen’s trust to the law and actions of the state in the system of individual / authorities relations. This principle is introduced into the Russian legal system by rulings of the Constitutional Court of the Russian Federation possessing the legal force of the Russian Constitution. However, the Supreme Law itself does not feature this property in the text. It is accordingly required – which is the purpose of this paper – to study this principle’s notion, content, nature, character, scope and place in the system of other legal principles, including those established in the Constitution of the Russian Federation, some of which are referenced by the Court in its rulings to justify the identification of the analyzed principle. To solve the above tasks, methods of interpreting official legal texts were applied (systemic, special legal and logical methods), as well as the anthropological approach. It is established that the researched principle is a general legal (universal) principle that stands on its own in the system of principles and is associated with the need for the whole state’s activity to comply with the established value, moral and ideological beliefs, generally accepted social conventions, etc., i.e. society’s legitimate expectations, which defines its scope and applicability. The recognition and respect of human dignity is central in society’s legitimate expectations from the state as it implements its activities. The latter requirement is fundamental for this principle and the public trust to state’s activities that is shaped during its realization; at the same time, such requirement is a criterion of how aligned state’s actions are with the society’s legitimate expectations. The novelty of this approach rests on identifying closely interconnected grounds, features, content and scope of the researched principle.

scholarly journals LAW-REGULATING POTENTIAL OF THE RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION NO. 44-П AS OF DECEMBER 6, 2018

2020 ◽  
pp. 212-216
Author(s):  
Ella Z. Dzhamil’
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Constitutional Court ◽  
Wide Range ◽  
The Russian Federation ◽  
The Law ◽  
The Republic ◽  
Discretionary Powers

Every decision of the constitutional Court of the Russian Federation attracts the closest attention of the legal community, as it affects a wide range of public relations and the development of law in general. There is therefore no surprise about the interest in the Decision of the constitutional Court of the Russian Federation, on the 6th of December, 2018, No. 44-П adopted on business about check of constitutionality of the Law of the Republic of Ingushetia «On approval of the Agreement on the establishment of the border between the Republic of Ingushetia and the Chechen Republic» and the agreement on the establishment of the border between the Republic of Ingushetia and the Chechen Republic in connection with the request of the Head of Ingushetia, which marks another stage in the development of federalism in Russia. The conclusions formulated in this judgement clarify the competence of the Federation Council in terms of establishing the boundaries of constituent entities of the Russian Federation, which explains the issues related to the referendum and to identifi cation of the views of the population of the respective municipalities when such a demarcation takes place, and defi nition of the limits of the discretionary powers of the constitutional (Charter) courts of constituent entities of the Russian Federation, in terms of blocking laws of the subjects. At the same time, many of the legal positions expressed by the Court appear to be at least controversial and need adequate refl ection.

scholarly journals The Constitution of Russia: The present and the future. Modern version of the newest history of the state

2020 ◽  
Author(s):  
N.M. Dobrynin ◽  
Keyword(s):  
Doctoral Students ◽  
Russian Federation ◽  
Social Relations ◽  
The State ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
Academic Level ◽  
History Of ◽  
The Russian Federation ◽  
Use Of Knowledge

The purpose of the present educational manual and didactic guidelines is to provide the analysis and description of key characteristics of the amendments to the Constitution of the Russian Federation, adopted in 2020. Based on contemporary notions of the fundamental social relations, the manual systematically and consistently characterizes norms, institutions and branches of the life of society, influenced by the mentioned constitutional amendments. The structure of the manual includes not only author’s review comments and legal conclusions of the Constitutional Court of Russia concerning the relevant sets of the constitutional amendments, but also scientist’s views on the vast of the most difficult and disputable issues of today’s conditions and modernization trends of those elements of the Russian constitutionalism, which are affected by the constitutional amendments. Such an approach provides a high academic level of the presented information, coherence and profundity of its theoretical exploration, and the subsequent efficiency of the practical use of knowledge gained by the readers. The manual will be of interest for undergraduate and doctoral students, teachers, experts in the constitutional (state) law, and for employees of the state and municipal agencies, as well as for all those interested in issues related to the interpretation and practical application of the principles and regulations provided for by the Constitution of the Russian Federation.

scholarly journals Optimizing the Process of Countering the Corruption of Tax Regulations under the Conditions of the Coronavirus Infection Pandemic

2021 ◽  
pp. 86-90
Author(s):  
V.V. Firsov ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Economic Security ◽  
Legal Consciousness ◽  
Constitutional Court ◽  
Russian Society ◽  
Tax Legislation ◽  
Illegal Acts ◽  
The Russian Federation ◽  
The Law

The present article is devoted to the analysis of corruption in the optimization of the tax laws and regulations. An attempt is made to analyze the limits of the admissibility of anti-corruption regulation of tax legal relations by subordinate legal acts. With the development of public relations, there is an increase, alas, in illegal acts. Corruption is no exception. Thus, its variety is corruption in the field of tax legislation, where corruption poses a threat to the economic security of the country, distorting the system of fiscal state power and management, disrupting market reforms and, accordingly, distorting the law-abiding legal consciousness of Russian society. Individual representatives of the legislative branches of government sometimes use their powers and the rights entrusted to them for personal criminal gain. By its very nature, the verification of the law for compliance with the Constitution of the Russian Federation is addressed to the knowledge of the normative forming grounds of law, followed by a particular economic meaning. The inseparable link between all elements of the legal system and the Constitution of the Russian Federation, supported by the activities of the Constitutional Court of the Russian Federation, does not allow the main priority of the legal social state — constitutional legality, including the optimization of the process of combating corruption, tax rulemaking in the context of the coronavirus pandemic, to disappear.

Doctrine, lawmaking, judicial practice: issues of mutual influence.

2017 ◽  
Author(s):  
Шуберт ◽  
Tatyana Shubert
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Mutual Influence ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Court ◽  
Clear Understanding ◽  
Judicial Practice ◽  
Legal Provisions ◽  
The Russian Federation

The book presents the author's concept of the systemic relationship of doctrine, lawmaking and judicial practice. Taking into account modern tendencies of constitutional development, the role and importance of the doctrine in lawmaking and law enforcement, judicial practice, actual problems of normative control, issues of implementation of judicial decisions are revealed. The work is devoted to the issues of the correlation of doctrine and legislation; Role of judicial practice in law-making work; The use of the doctrine in the practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation; Problems of legislative initiative of higher courts of the Russian Federation and implementation of court decisions in the legislation of the Russian Federation. The study of the issues of using the doctrine in the drafting of bills allows us to see not only the content of legal norms, but also the dynamics of the development of social relations regulated by them. The doctrine describes legal phenomena, it is a kind of prediction of foresight of situations that can develop in the sphere of legal regulation. The Doctrine formulates and develops the principles of law, which are the basis for regulating social relations in cases of a gap in law, when it is impossible to apply the analogy of law. Legislators and law enforcers turn to legislative comments, where the doctrine fully meets legal gaps, develops law and formulates new legal provisions. In many respects the problems of legislation, the inefficiency of draft laws, leading to multiple amendments to laws; Unsystematic legislation; The numerous laws - are due in part to the insufficiency of the use of legal doctrine. The lack of a unified approach to the problems of improving the legal regulation, the overall concept and strategy for the development of legislation, a clear understanding of the stages and main directions of the state strategy for the development of legislation leads to a chaotic update of norms in various branches of legislation, uneven development of its individual institutions. Judicial norm-setting has a special impact on the legislator, since the forms of judicial rule-making in the form of precedent, judicial practice, legal positions of the highest judicial bodies are in effect a regulator of public relations, overcome legislative gaps. Analysis of the practice of the Constitutional Court shows that the failure to implement the decisions of the Constitutional Court of the Russian Federation is caused by a number of reasons, including: lack of proper legislative base, weak activity of state structures in the process of execution of decisions of the Constitutional Court of the Russian Federation, legal nihilism, low level of legal culture, lack of financial resources from the state.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Budgetary Regulation in the Context of Preventing the Consequences of the Spread of a New Coronavirus Infection in the Russian Federation

Lex Russica ◽  
2021 ◽  
Vol 74 (2) ◽  
pp. 64-79
Author(s):  
R. V. Tkachenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
The State ◽  
Russian Society ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Legal Forms ◽  
The Impact ◽  
Budget System

The paper is devoted to the examination of issues related to the increasing importance of budgetary regulation for the proper functioning of a modern innovative society. The key role of the budgetary regulation in the financial process of the State is particularly acute in the context of systemic crises that include socio-economic consequences caused by the spread of a new coronavirus infection (COVID-19) in Russia. In the course of the study, the features of changes in the state financial policy caused by the above-mentioned crisis phenomena are highlighted. The paper describes various approaches to the interpretation of the budgetary regulation as a category of financial law, explores various types and legal forms of methods of the budgetary regulation, analyses mechanisms and the impact of the State on the budget system through the existing legal structure of the budgetary regulation. It is determined that the rules of financial law governing the whole complex of public relations concerning the distribution and redistribution of the national product between the levels of the budget system of the Russian Federation constitute the institution of financial law, namely: the budgetary regulation. The author concludes that the approach based on the concentration of basic powers in the financial field at the federal level significantly slows down the dynamics of development of economic activity in the majority of regions of Russia, while the need for breakthrough innovative development of Russian society determinates the expansion of long-term tax sources of income for regional budgets. In this regard, it is proposed to consolidate additional regulation for revenues gained by regional and local budgets in the form of targeted deductions from federal taxes on a long-term basis.

Law enforcement practice of judicial authorities on tax disputes

2021 ◽  
pp. 550-563
Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
Effect Relationship ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law ◽  
Qualitative Characteristics ◽  
State Body

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.

scholarly journals CONSTITUTIONALIZATION OF THE PRINCIPLES OF LAW AND THEIR IMPORTANCE FOR LEGAL BEHAVIOR

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 21-27
Author(s):  
E.V. Titova ◽  
◽  
A.G. Kuzmin ◽  
Keyword(s):  
Public Relations ◽  
Human Dignity ◽  
Essential Feature ◽  
State Power ◽  
The State ◽  
Legal Principles ◽  
Constitutional Order ◽  
Normative Significance ◽  
Russian Law ◽  
The Law

The article analyzes the objective and natural character of the origin of legal principles; the process of constitutionalization of the principles of Russian law and their implementation into the legitimate behavior of the participants of public relations. The authors substantiate that the content of constitutional principles is represented by three main elements: requirement, ideal, and knowledge. The most essential feature of constitutional principles is their ability for the legal expression of the most socially and politically significant values and ideals (legality, justice, humanism, freedom, equality, respect, trust) for an individual, society, and state. Regulatory features and normative significance of the principles of law are obtained as a result of constitutional formalization, and their embodiment insignificant rules of conduct of the state and the citizen contribute to the establishment of constitutional order. Special attention is paid to the content of some constitutional principles: the principle of respect and protection of human dignity; the principle of maintaining citizens’ trust in the law and the state; the principle of respect for the state power

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