scholarly journals Indication of Nationality in the Passport of a Citizen of the Russian Federation as a Form of Implementation of the Right to Nationality

2020 ◽  
Vol 15 (1) ◽  
pp. 46-53
Author(s):  
N. A. Zaynitdinov
Keyword(s):  
Russian Federation ◽  
Native Speakers ◽  
Constitutional Court ◽  
Foreign Countries ◽  
Russian State ◽  
Different Types ◽  
The Russian Federation ◽  
State Of Affairs ◽  
The Right

Constitutionalists in Russia have disagreed on the possibility of specifying nationality of a citizen in the passport. It is believed that at present the indication of nationality in the passport is not made, but it turns out that this is not the case. Implicit declaration of nationality with the help of a special insert is possible for citizens living in the republics and for native speakers of non-Russian state languages of republics. This state of affairs creates inequality for residents of different types of constituent entities of the Russian Federation and for citizens of different nationalities. Nationality of Russians as a national majority is not expressed in the Russian Federation through the statehood itself and through the institution of citizenship as it is done in foreign countries where nationality is not indicated in the passport. The author substantiates an erroneous stance of the Constitutional Court of the Russian Federation on inadmissibility of specifying nationality of a citizen in his or her passport. It is concluded that it is desirable to restore indication of nationality in the passport for all citizens with the aim of the fullest implementation of the right to nationality in the context of the Russian Federation.

Dual Citizenship in Russia

2019 ◽  
Vol 76 (1-2) ◽  
pp. 57-68
Author(s):  
Alexander Salenko
Keyword(s):  
Russian Federation ◽  
State Policy ◽  
Constitutional Court ◽  
International Treaties ◽  
Dual Citizenship ◽  
Judicial Practice ◽  
Russian State ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
The Right

In the USSR, the dual citizenship was expressly prohibited by the Soviet law. After Perestroika, a new stage of Russian statehood began: on 12 December 1993, the Constitution of the modern Russian Federation was adopted, which granted Russian citizens the right to have dual citizenship. Over the past twenty-five years, a new legislation has been adopted on the Russian citizenship, migration, and the state policy regarding compatriots living abroad. During these years, millions of Russian citizens have obtained second (multiple) citizenship, and with it came to questions, disputes and problems that required mediation of the Russian judiciary. In this regard, the main purpose of this article is to analyze the existing domestic legislation and international treaties of Russia on dual citizenship, to determine the dual citizenship regime in Russia - to examine the existing restrictions on the rights and freedom of persons with dual citizenship, and also to study the disputes on dual citizenship in the Russian Federation, in particular to scrutinize the judicial practice (leading cases) of the Constitutional Court of the Russian Federation. Based on an analysis performed in the article, the author draws conclusions regarding the further development of dual citizenship within the framework of the Union State of Belarus and Russia, and also investigates prospects of the Eurasian citizenship in the framework of the Eurasian Union. In addition, the author makes a proposal to Russian authorities to make information on registered Russian citizens with dual (multiple) citizenship more accessible and transparent, and also to adopt at the federal level a document on the Russian state policy regarding dual citizenship.

scholarly journals Sovereignty in a Federal State: Theoretical and Legal Bases and Practice of Implementation in Russia

2020 ◽  
pp. 13-26
Author(s):  
Andrei V. Bezrukov ◽  
Andrey A. Kondrashev
Keyword(s):  
Russian Federation ◽  
Armed Forces ◽  
Fundamental Principle ◽  
The State ◽  
State Sovereignty ◽  
Federal State ◽  
Constitutional Court ◽  
Potential Threat ◽  
The Russian Federation ◽  
The Right

The article raises the issue of state sovereignty in a federal state and reveals its legal nature. The authors draw attention to the diversity of approaches to the concept and essence of sovereignty, reveal its correlation with related categories, describe the concepts of unity and divisibility of state sovereignty. The paper proves that sovereignty is not a quantitative, but a qualitative characteristic of a state, which is either present or not. The authors substantiate the exclusive possession of state sovereignty by the Russian Federation. Based on the analysis of the doctrinal, regulatory sources and the practice of the Constitutional Court of the Russian Federation, the authors show that the Russian constitutional model explicitly outlines the principle of solid and indivisible state sovereignty spreading throughout the whole territory of the Russian Federation. Recognition of the principle of state sovereignty of Russia presupposes a clear definition of the scope of rights that the Federation should possess in order for its sovereignty to be ensured. The article examines the main features of the state sovereignty of Russia enshrined in the Constitution of the Russian Federation, among which are the supremacy of federal law over the law of the subjects of the Federation, the inviolability of borders and territorial integrity, the unity of the economic space, fiscal, banking and monetary systems, common army (Armed Forces), the right of the state to protect its sovereignty and rights of citizens. Despite the unequivocal decision on the integrity of state sovereignty of the Russian Federation expressed the Constitution of the Russian Federation and by the Constitutional Court of the Russian Federation, this fundamental principle is not completely ensured since the idea of the sovereignty of the republics as components of Russia continues to retain its potential threat to Russian federalism, taking into account the provisions of Art. 73 of the Constitution of the Russian Federation that provide for the full state power of the constituent entities of the Russian Federation

COMPARATIVE ANALYSIS OF LABOR ORGANIZATION AS A FACTOR OF CONVICTS` CORRECTION IN FOREIGN COUNTRIES

2021 ◽  
pp. 137-140
Author(s):  
Анна Владимировна Мусалева ◽  
Никита Алексеевич Кубасов
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Developed Countries ◽  
Forced Labor ◽  
Penal System ◽  
Labor Protection ◽  
Labor Discipline ◽  
Foreign Countries ◽  
The Russian Federation ◽  
The Right

В статье рассмотрен такой инструмент исправления осужденных, как общественно полезный труд, который в Российской Федерации на законодательном уровне признан одним из эффективных инструментов исправления наряду с другими основными средствами исправительного воздействия. В работе в том числе рассматриваются проблемы принудительного труда осужденных. Авторы раскрыли порядок и условия организации привлечения к трудовой деятельности лиц, содержащихся в пенитенциарных учреждениях зарубежных стран. В статье проводится сравнительный анализ особенностей содержания, условий привлечения к труду осужденных в зависимости от вида пенитенциарного учреждения различных государств, организации работы осужденных, а именно оплаты труда, продолжительности трудовой деятельности, норм охраны труда, реализации права на отдых и социального обеспечения. Авторы помимо этого обобщают опыт трудовой дисциплины осужденных в пенитенциарных системах ряда развитых в экономическом и социальном плане государств. Изучая опыт зарубежных стран по привлечению заключенных к труду, представляется возможным перенять некоторые важные особенности, которые могут быть частично внедрены в отечественную уголовно-исполнительную систему. The article considers such a tool for the correction of convicts as socially useful work, which in the Russian Federation at the legislative level is recognized as one of the effective tools of correction along with other basic means of correctional influence. The article also deals with the problems of forced labor of convicts. The authors revealed the procedure and conditions for organizing the employment of persons held in places of forced isolation from the society of penitentiary institutions of foreign countries. The paper provides a comparative analysis of the features of the content, conditions for the employment of prisoners, depending on the type of penitentiary institution in different states, the working methods of prisoners, namely, remuneration, duration of work, labor protection standards, the exercise of the right to rest and social security. The authors also summarize the experience of labor discipline of prisoners in the penitentiary systems of a number of economically and socially developed countries. Studying the experience of foreign countries in attracting prisoners to work, it is possible to adopt some important features that can be partially implemented in the domestic penal system.

Equal to the Constitution: the Sources of Law of Highest Legal Force in the Russian Federation

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Михаил Пресняков ◽  
Mikhail Pryesnyakov
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Constitutional Law ◽  
The Other ◽  
Constitutional Court ◽  
Legal Norms ◽  
Other Hand ◽  
The Russian Federation ◽  
Juridical Acts ◽  
The Right

In article the question of validity of the Constitution of the Russian Federation and some other sources of the right which can also possess the highest validity is considered. In particular the author comes to a conclusion that legal positions of the Constitutional Court of the Russian Federation possess the highest validity and in total with the constitutional provisions represent the actual Constitution. On the other hand, both laws on amendments to the Constitution, and the universally recognized norms of international law on the validity stand below constitutional precepts of law. Acts of the Constitutional Assembly of the Russian Federation may in future be qualified as having the highest judicial effect. Such acts may abolish or change any provision of the present Constitution. At the same time the universally recognized norms of international law and the laws of the Russian Federation regulating amendments to the Constitution of the Russian Federation as independent juridical acts and sources of constitutional law are inferior as compared with the constitutional legal norms.

scholarly journals “Constitutionalization”: To the question of the concept

2021 ◽  
Vol 21 (2) ◽  
pp. 188-197
Author(s):  
Inna N. Plotnikova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Order ◽  
Practical Significance ◽  
Constitutional Court ◽  
Target Feature ◽  
European Court ◽  
Legal Term ◽  
Russian State ◽  
The Russian Federation ◽  
Definition Of

Introduction. The legal term of “constitutionalization” is relevant and in demand at the present stage of the constitutional development of the Russian state, as evidenced by the increasing frequency of its use in scientific works. The modern use of the term of “constitutionalization” has many meanings that are not always specified by the authors. In this connection, the definition of the essence and content of this concept has theoretical and practical significance. Theoretical analysis. The author made an attempt to theoretically comprehend the concept of “constitutionalization”, including the lexemes of “constitutionalization of the legal order” and “constitutionalization of the legal system”, based on the analysis of works by foreign and domestic authors, formalized some common essential and substantive attributive features of the phenomenon of “constitutionalization”. Empirical analysis. It is noted that in the Constitution of the Russian Federation, the current Russian legislation, the judicial practice of the Constitutional Court of the Russian Federation, the term of “constitutionalization” has not found its reflection. As for the decisions of the European Court of Human Rights, in some of its decisions this concept is mentioned in connection with the substantiation of the role of the Strasbourg and Luxembourg courts, the influence of their legal positions on the constitutionalization of the European legal order. Results. The author defines constitutionalization as a complex construct, with the acquisition of constitutional meaning by all phenomena and processes of legal reality occurring in society and the state being its attributive-relational, essential, target feature. Based on the etymological, semantic, systemic and structural analysis of this phenomenon, the author presented it as a multi-level, multi-aspect system, identified qualifying features and design features, levels, phases, stages.

scholarly journals PECULIARITIES OF SUPERVISION OVER THE RECEPTION, REGISTRATION AND AUTHORIZATION OF CRIMES UNDER ARTICLE 145.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION BY THE PRELIMINARY INVESTIGATION AUTHORITIES

2020 ◽  
Vol 30 (4) ◽  
pp. 535-540
Author(s):  
M.A. Gabdullina
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Code ◽  
Federal Law ◽  
Different Types ◽  
Complete Failure ◽  
Employer Liability ◽  
The Russian Federation ◽  
The Right

The Constitution of the Russian Federation protects the right to work for remuneration not below the statutory minimum wage. Non-payment of wages is one of the most serious violations of worker's rights. In this regard, the current legislation provides for different types of employer liability for violating these provisions: civil, administrative and criminal. The Federal law “On amendments to article 145.1 of the Criminal code of the Russian Federation” dated 23.12.2010 No. 382-FZ tightened criminal liability for non-payment of wages. Thus, in particular, this law introduced criminal liability for partial non-payment of wages, while the former wording of article 145.1 of the Criminal code established liability only for its complete failure. In practice, this norm has not previously been brought to criminal liability for partial non-payment of wages. The paper deals with the issues of powers of the Prosecutor at the stage of reception, registration and resolution of reports on crimes provided for by article 145.1 of the criminal code. The problematic issues arising from the investigative authorities in conducting procedural checks on the specified categories of messages are analyzed. Suggestions on the improvement of criminal-procedural legislation are made.

scholarly journals Establishment and development of legal regulation of the court's activity in transfer of foreign citizens sentenced by Russian courts to serve their sentence in the country of citizenship

2021 ◽  
pp. 85-93
Author(s):  
Alexander Fedyunin
Keyword(s):  
International Cooperation ◽  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Norms ◽  
Soviet Period ◽  
Special Role ◽  
Foreign Countries ◽  
The Russian Federation ◽  
The Right

This article analyzes the establishment of legal regulation of the court's activity in the consideration and resolution of the question of transferring foreign citizens sentenced by the court of the Russian Federation to serve their sentence in country of citizenship. The author offers periodization of the chronology of its evolution,  and draws attention to the gaps and inaccuracies in the current legislation and the need for amending normative legal framework, which is testified by the legal acts adopted by the state authorities of the Russian Federation, including those aimed at regulation of international legal relations in this sphere, as well as the works of the scholars-processualists. The conclusion is made that the corresponding court's activity acquires a special role. Compared to the Soviet period, national and international norms that regulate the court’s activity in this area have experiences significant changes, as the number of convicts transferred to their country of citizenship has increased considerably, the contractual practice of the Russian Federation has expanded, which is substantiated by the globalization processes and the need for the development and strengthening of international cooperation of the Russian Federation with foreign countries in the sphere of transferring foreign citizens. Examination of the chronology of changes experienced by the normative legal framework of the court’s activity in the course of its establishment and development, allows choosing the right direction for further improvements.

Local government in Russia: de jure and de facto

2019 ◽  
Vol 5 (4) ◽  
pp. 103-121
Author(s):  
Olesya L. Kazantseva
Keyword(s):  
Local Government ◽  
Russian Federation ◽  
Great Influence ◽  
The State ◽  
Constitutional Court ◽  
Federal Law ◽  
Russian State ◽  
Russian Constitution ◽  
Legal Competence ◽  
The Russian Federation

The analysis of the RF Federal Law of 6 October 2003 No 131-FZ, which enshrines the general principles of the organization of local self-government in the Russian Federation, demonstrates the consistent introduction of amendments aimed at restricting the autonomy of local self-government, which clearly contradicts the constitutional provisions on local self-government. In this regard, it seems necessary to determine the presence of the lower level of public authority (local self-government), for which it is necessary to reveal the conformity of the modern realities of local self-government with constitutional provisions and normative legal acts adopted for their development, that is, correlate de jure and de facto. The Constitutional Court of the Russian Federation, the highest constitutional justice body, has a great influence on the formation of local self-government in the Russian state. It forms the legal position on the organizational, legal, competence, territorial, financial and economic foundations of local self-government. In this regard, researchers are interested in the legal positions of the RF Constitutional Court regarding the autonomy of local self-government and its relations with state authorities, which have undergone significant changes throughout the entire period of reforming local self-government. Based on the analysis of changes in the legislation on local self-government and the legal positions of the RF Constitutional Court, this article shows the inconsistency of local self-government at the present stage of its development. Thus, the author proves that there are no working mechanisms for the implementation of local self-government by the population. This article concludes that the current situation requires special attention and attitude from the state, since without purposeful changes in the state policy in the sphere of local self-government it is impossible to preserve such postulates enshrined in the Russian Constitution, as democracy and local government.

Issues of Superion Courts of the Russian Federation when Implementing the Legislative Initiative

2020 ◽  
Vol 10 ◽  
pp. 32-41
Author(s):  
N. G. Stenichkin ◽  
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
Practical Implementation ◽  
Legislative Process ◽  
Constitutional Court ◽  
Legal Method ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Law ◽  
The Right

The problem. The concept of «issues of reference» is used in the Constitution of the Russian Federation when listing the subjects of the law of legislative initiative in relation to the judiciary. The legislation does not disclose or define this concept, which leads to discussion about its content and, as a result, raises questions about the practical implementation of the separation of powers principle in the legislative process. Aims and objectives of the study: we determined the limitations of the law of legislative initiative of the higher courts of Russia from the point of view the legal grounds for such restrictions, their subjects and legal consequences. Methods: we use both the common scientific methods (e. g. systemic, deductive) as the special-legal methods (formal, dogmatic, state-legal modeling method, comparative legal method etc.). Results: we conclude that «issues of reference» is a special constitutional legal term used in the Constitution of the Russian Federation to describe all functions of the certain branch of power or the public authority. This term in its content is broader than the concepts of «authority», «subjects of jurisdiction» and «jurisdiction». The use of the term «issues of reference» towards the higher courts, as subjects of the right of legislative initiative, does not allow us to assert the constitutional sense of existence various types of legislative initiative right, such as general right and limited (special) right. The practice of exercising the right of legislative initiative by the higher courts, as well as the applying the Procedure Rules of the State Duma of the Russian Federation does not provide for any restrictions on the right of courts to initiate bills. Russian legislation lacks mechanisms for applying the term «issues of reference» as an instrument restricting the constitutional right of the higher courts to participate in the legislative process. Also, such mechanisms are not reflected in the regulatory framework governing the activities of the higher courts. The term «issues of reference», applied to the legislative initiative right of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, does not imply any exemptions from the right to initiate bills given by the Constitution to other entities, but this term is used in the delimitation of legislative functions between the higher courts.

Sign in / Sign up

Export Citation Format

Share Document