scholarly journals An Expanding Meaning of Presidential Amendments to the Constitution of the Russian Federation

Lex Russica ◽  
2020 ◽  
pp. 43-52
Author(s):  
A. A. Uvarov
Keyword(s):  
Russian Federation ◽  
Local Population ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Public Authorities ◽  
Public Power ◽  
Constitutional Amendments ◽  
The Russian Federation ◽  
Fundamental Rights And Freedoms

The paper deals with the issues of interconnectedness and the role of constitutional amendments introduced by the President of the Russian Federation to the current Constitution of the Russian Federation on January 20, 2020. In assessing the meaning and content of a great deal of amendments to Chapter 3 of the Constitution of the Russian Federation, the author concludes that they have additional, however, sometimes more important value in the context of the hierarchy of constitutional norms, which is directly related to the chapters of the Constitution that are not subject to any revision. Despite the formal inalterability, the foundations of the constitutional order have in fact as a result of the amendments gained such new provisions as: “the stateconstituing people that is a part of the multinational union of equal peoples of the Russian Federation”; “ban on alienation of a part of the territory of the Russian Federation and calls for such actions”; “non-enforcement of decisions of interstate bodies adopted on the basis of the provisions of international agreements of the Russian Federation in their interpretation contrary to the Constitution of the Russian Federation”; “the state guarantee of minimum wage not less than the minimum living wage of the working population.” The rules governing certain fundamental rights and freedoms of man and citizen (art. 37–39, 44 of the Constitution of the Russian Federation) have been supplemented with new content without being formally altered. Ambivalence of local self-government leading to opposition between local and state authorities, partly resulting from the provision of Article 12 of the Constitution of the Russian Federation concerning the autonomy of local self-government bodies. Their failure to enter the system of public authorities is partially minimized by the provision on their unity in the system of public power. However, many, and at first glance minor, amendments to Chapter 8 of the Constitution of the Russian Federation significantly reduce the potential of power for the local population, turn the constituent rules concerning its powers to the reference rule. The conclusion draws attention to some issues in the activity of the Constitutional Court of the Russian Federation on the implementation of these constitutional amendments.

scholarly journals Legal Mechanisms for Protection of Migrants' Rights by the Public Authorities of the Russian Federation

2018 ◽  
Vol 9 (4) ◽  
Author(s):  
Ksenia Minakova
Keyword(s):  
Russian Federation ◽  
Migration Policy ◽  
Constitutional Court ◽  
Special Role ◽  
Public Authorities ◽  
Normative Documents ◽  
The Public ◽  
The Russian Federation ◽  
Migrants Rights

The article analyzes methods of ensuring the migrants rights by the public authorities of the Russian Federation, the individual elements of the migration policy of the Russian Federation relating to the activities of public authorities. It considers the activities in the field of protection of the migrants rights by such authorities as the Russian President's Office for Constitutional Rights of Citizens, the Presidential Council for Civil Society and Human Rights, the Council for Interethnic Relations, General Directorate for Migration, Chief Directorate for Migration Issues of Ministry of Internal Affairs of the Russian Federation, their normative documents, that regulate their activities. It examines separately the activities of the RF Government in the field of protection of the migrants rights, as well as judicial authorities; it identifies the special role of the RF Constitutional Court in the field of ensuring the rights of migrants, refugees, the internally displaced and stateless persons. It underlines the role of authority bodies of the RF entities in ensuring the migrants rights in terms of Irkursk Oblast. The article offers to differentiate strictly the role of each authority body in the field of migrants rights protection, as well as to pay specific attention to regulation of activities of the FR entities authority bodies in this direction.

scholarly journals The System of Public Authorities of the Russian Federation: Concept, Characteristics, Interaction

2021 ◽  
Vol 18 (2) ◽  
pp. 192-203
Author(s):  
М. N. Kobzar-Frolova
Keyword(s):  
Russian Federation ◽  
The State ◽  
Public Authority ◽  
Constitutional Court ◽  
State Council ◽  
Federal Law ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
The Russian Federation

The entry into force of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation and the qualitative changes that were made to the text of the latter led to legislative activity. Laws were adopted, reflecting the changes made to the text of the Constitution, and containing new and / or little-studied terms, concepts, phenomena. Special attention of scientists and researchers was attracted by the Federal Law “On the State Council of the Russian Federation”, which came into force in December 2020, which for the first time legalized such terms as “public power”, “unified system of public power”, etc. The position is also of interest, expressed in the conclusion of the Constitutional Court of the Russian Federation dated March 16, 2020 No. 1-З in connection with the request of the President of the Russian Federation. It became necessary to give explanations and Author’s comments on the positive law of the country caused by these novelties. The term “public authority” is not a novelty for Russian legal science, but it has not been widely studied, and in connection with legislative changes it acquires new qualities, characteristics that need explanation and justification. The legislator provides an extensive definition of these terms. This makes it necessary to comprehend their essence, highlight the main elements of the public power system and demonstrate their political and legal ties, as well as the forms of interaction that take place in the public law regulation of relations between the subjects (elements) of a unified system of public power. Purpose: to investigate the essence of the concepts of “public power”, “unified system of public power”, to identify the characteristic features of the concept of “unified system of public power”. Among the main tasks: to show the political and legal ties and forms of interaction that arise between the subjects (elements) of a single system of public authority. Methods: logical, analytical, comparative legal, dialectical methods, allowing to reveal the essence, internal connections and the ratio of concepts enshrined in the federal law “On the State Council of the Russian Federation”, to reveal the features of a unified system of public authority. Results: state authorities are listed that correspond to the characteristics specified by the legislator, political and legal ties and forms of interaction that arise between the subjects (elements) of a unified system of public authority are identified, conclusions corresponding to the study are drawn.

Constitutional justice and civil society in search of dialogue

2021 ◽  
Vol 30 (4) ◽  
pp. 17-40
Author(s):  
Armen Dzhagaryan
Keyword(s):  
Civil Society ◽  
Russian Federation ◽  
Constitutional Court ◽  
Public Power ◽  
Judicial Control ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Government ◽  
Unique Potential

The Russian constitutional justice is going through a stage of deep reforming. Both the nature of the participation of the Constitutional Court of the Russian Federation in the constitutional reform of 2020, as well as the content itself and regulatory consequences have exposed a serious value and institutional crisis of the identity of the Constitutional Court of the Russian Federation in the State-legal system. The main vector of the reform declared in order to “strengthen the role of the Constitutional Court of the Russian Federation” is essentially resulted from the authoritarian, not humanistic paradigm, and leads to the development of the integration of constitutional justice into a unified system of public power remaining without proper legal deterrence. The noted crisis of the identity of the constitutional justice, which reflects the general problems of Russian constitutionalism, is to a large extent a product and expression of a fundamental communicative constitutional crisis, failures in establishing a constitutional dialogue between the government and civil society. At the same time, constitutional justice is not only the object of this communication with its defects and dysfunctions but should act as one of its main subjects, it has a unique extremely important potential for implementing the values and practices of constitutional dialogue with civil society, especially in the conditions of post-socialism. The constitutional dialogue also characterizes the content side of the constitutional justice itself in its modern understanding. In this context, the article discusses both general issues related to the understanding of constitutional dialogue itself and its importance for constitutional justice, as well as some more specific problems of implementing the dialogic model of constitutional-judicial control in Russian realities. Determining the direction of the further evolution of the constitutional justice, which has a unique potential for self-transformation, in any case, is an important area of responsibility of civil society, which itself must remain resolute in organizing the constitutional dialogue, not avoid attempts to initiate it and insist on it.

scholarly journals REFORM OF LEGISLATIVE REGULATION OF PROTECTION OF THE ADULT PERSONS’ RIGHTS IN SWITZERLAND

2017 ◽  
Vol 3 (3) ◽  
pp. 61-68
Author(s):  
Наталья Петурова ◽  
Natal'ya Peturova
Keyword(s):  
Russian Federation ◽  
State Intervention ◽  
Civil Code ◽  
Private Life ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Protection Measures ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Fundamental Rights And Freedoms

The article shows the evolution of the Swiss civil legislation in the sphere of guardianship over an adults in Switzerland, presents the principles which are the basis of the system of measures for protection of these persons at present, analyzes the approaches to the reform 2012 of the Swiss Civil Code, embodied the concept of the protection of the fundamental rights and freedoms. The author paid attention on a specific reform measures of protection and the procedure of their adoption. Also the attention paid to new concepts, laid the basis for the reform, such as respect for human dignity, promoting self-determination of individuals, strengthening the solidarity of the family, reducing the degree of state intervention in private life of a person, differentiational approach to the application of safeguards, the non-evaluative terminology, and disclosure of information on application of protection measures. The article discusses the current legislative regulation of Switzerland (order in case of loss of ability to reason intelligently, accommodation in an institution for assistance, the representation of the spouse or registered partner and the four kinds of guardianship: guardianship by the guardianship cooperation, guardianship representation and custody of the common actions). The theme of the article is relevant considering the need for the further revision of the Russian legislation in the part of protection and promotion of the interests of persons with mental disabilities. Foreign experience is extremely useful, as important changes of the Civil code of the Russian Federation (2012) and the Civil Procedural Code of the Russian Federation (2013), prepared under pressure of the European Court of Human Rights and the Constitutional Court of the Russian Federation, are not sufficient and the reform in Russia should be continued.

Modern problems of the activities of public authorities in the light of their legiti-macy

2021 ◽  
pp. 36
Author(s):  
Dmitry A. Аvdeev
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
The Political ◽  
Public Authorities ◽  
Constitutional Amendments ◽  
Political Interests ◽  
Modern System ◽  
The Russian Federation ◽  
Existing Structure

The article examines the constitutional foundations of the legitimacy of public authorities, concludes that their activities correspond to the political interests of Russian citizens. The problem of the legitimacy of the activities of public authorities in the Russian Federation and the process of their legitimation, after the constitutional amendments, acquired particular relevance. Participation in the management of state affairs is determined by the peculiarities of the modern system of organization of power, as well as the ability of citizens to influence the functioning of the activities of its bodies, which makes it possible to determine the degree of legitimacy of public administration. The author, analyzing the existing structure of public authorities through the prism of the legitimacy of their activities, identifies some problems of an organizational nature and suggests ways of solving them in this regard.

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 Constitutional amendments and revision of the Constitution of the Russian Federation: features of the 2020 procedure

2021 ◽  
Vol 15 (2) ◽  
pp. 232
Author(s):  
Sergey P. Kazankov
Keyword(s):  
Russian Federation ◽  
Additional Condition ◽  
Constitutional Amendment ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
The Russian Federation ◽  
The Law ◽  
The Moment ◽  
Critical Notes

The article discusses the issue of the procedure for changing the Constitution of the Russian Federation. Examples of norms of foreign constitutions are given, which constitutionalists recognize as rigid constitutions in the order of their amendment. The ways of changing the Constitution of the Russian Federation are considered: revision, adoption of amendments, amendment of Art. 65Identified problems such as the form of the amendment to the Constitution, the moment of entry into force of the amendment, the introduction by the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of 2020 a nationwide vote as an additional condition for the entry into force of the amendment, as well as additional powers of the Constitutional Court of the Russian Federation to verify compliance with Chapters 1, 2 and 9 of the Constitution of the Russian Federation of the provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation that have not entered into force, as well as the procedure for the entry into force of Art. 1 of the Amendment Act. The critical notes are offered. In particular, the author comes to the conclusion that the approval of the constitutional amendment by the parliaments of the constituent entities of the Russian Federation is not a moment, but a condition for its entry into force, therefore, the law on the amendment cannot introduce additional conditions for the entry into force of constitutional amendments, since this leads to a violation requirements of Art. 136 of the Constitution, which cannot be amended by the federal parliament in the manner prescribed by chapter 9 of the Constitution.

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