scholarly journals Constitutional Reform 2020 in Russia (Selected Issues)

2020 ◽  
Vol 15 (8) ◽  
pp. 22-31 ◽  
Author(s):  
V. V. Komarova
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
The State ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Public Power ◽  
Constitutional Level ◽  
The Russian Federation

On the basis of the analysis of Law of the Russian Federation on Amendment to the Constitution of the Russian Federation as of March 14, 2020, No 1-FKZ “On improvement of regulation of certain issues of organization and functioning of public power,” legislation, acts and legal standings of the Constitutional Court of the Russian Federation, as well as the practice of transforming the Constitution of Russia, and Presidential directives, the author investigates some issues concerning the Constitutional Reform 2020 initiated by the Head of the State. The paper examines the issues of the new constitutional approach to the implementation of the principle of separation of powers, some additional powers of the President of Russia in the context of their expansion. The author argues her view concerning consideration of some legal phenomena rooted in the legal reality of Russia at the constitutional level on the example of the terms “public power” and “instructions of the President of the Russian Federation.” The author monitors the dynamics of formation and manifoldness of instructions of the President of the Russian Federation. The paper highlights some terms and definitions that are new for the constitutional level, some of which can be considered as goals in the development of public and state life. The paper formulates author’s assessments and conclusions, author’s opinion concerning the ongoing transformations of the Constitution of Russia and, at the same time, it is proposed to continue scientific discussions devoted to the implementation of the proposed constitutional novellas.

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.

scholarly journals Local Self-Government in the Context of the 2020 Constitutional Reform

2021 ◽  
Vol 16 (5) ◽  
pp. 35-41
Author(s):  
M. M. Stepanov
Keyword(s):  
Russian Federation ◽  
The State ◽  
Constitutional Reform ◽  
Main Trend ◽  
Federal Law ◽  
State Budget ◽  
Public Power ◽  
The Public ◽  
The Russian Federation

Local self-government in modern Russia was revived in the early 1990s. The legislation then in force was aimed at separating local self-government from the system of state authorities and ensuring its autonomy. The independence of local self-government was also established by the 1993 Constitution of Russia. As a follow-up to the provisions of the Constitution, the Federal Law dated 06 Oct 2003 No. 131-FZ “On General Principles of the Organization of Local Self-Government in the Russian Federation” was adopted. The Federal Law initiated the reform of local self-government aimed at improving the efficiency of local self-government bodies as an independent level of the public power most closely associated with the population. However, the municipal power is now radically different from that created in those years. This is primarily preconditioned by the lack of the necessary amount of its own revenue necessary to enable the municipal power to exercise its authority independently. The majority of municipalities need state assistance and interbudgetary transfers. The necessity to exercise control over the state budget spendings has led to the fact that the main trend in the development of local self-government in Russia was its integration into the vertical of public power. The legal crystallization of this process was carried out by amending the current legislation, especially the Federal Law No. 131-FZ dated 06 Oct 2003. The Constitutional Reform of 2020 has legitimized these changes.

scholarly journals The Public Power System in the Russian Federation: New Approaches to Legal Regulation under the Constitutional Reform

Lex Russica ◽  
2020 ◽  
pp. 42-53
Author(s):  
S. S. Zenin
Keyword(s):  
Power System ◽  
Russian Federation ◽  
Constitutional Law ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Reform ◽  
Public Power ◽  
Checks And Balances ◽  
The Public ◽  
The Russian Federation

The paper is devoted to the examination of the Russian system of public power in the context of the constitutional reform. The aim of the study is to carry out a comprehensive theoretical and legal analysis of the current state of consolidation of the public power system in Russia under constitutional law. The author has examined the regulatory legal acts that mediate the implementation of the constitutional reform in Russia; doctrinal sources and significant foreign experience relevant to the subject matter of the study. Methodologically, the study is based on general philosophical, general scientific, private scientific, special scientific methods. The paper defines the fundamental properties of the system of public power enshrined in the Constitution of the Russian Federation with due regard to such parameters as the peculiarities of the construction of federal relations as the fundamental functions and powers of public authorities allocated vertically, the state of the system of separation of powers in the context of checks and balances, the level of legal protection and autonomy of local authorities. The author has determined that the constitutional reform regarding the consolidation of the system of public power has encouraged development and strengthening of the principle of subsidiarity when differentiating jurisdictions and powers in relations between the state authorities of the Russian Federation and its constituent entities; clarification of the spatial limit of the governmental rule of the Federation by means of constitutional legitimation of Federal Territories; creation of the basis for overcoming the “conflict of competences (jurisdictions)” between state and municipal levels of power in order to ensure the constitutional law balance between the branches of state power at the federal level to prevent the development of non-systemic conflicts in the system of checks and balances and the emergence of constitutional crises of power. A suggested system of public power retains the necessary discretionary mechanisms to adjust the mechanism of its individual elements in order to achieve a balance between public functions, powers and tasks to be solved.

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 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

scholarly journals State council in the light of the 2020 constitutional reforms

2021 ◽  
Vol 39 (3) ◽  
pp. 52-55
Author(s):  
P. R. Magomedova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
The State ◽  
State Council ◽  
Federal Law ◽  
Public Power ◽  
Advisory Body ◽  
Constitutional Reforms ◽  
Presidential Decree ◽  
The Russian Federation

The article analyzes the prerequisites for changing the legal status of the State Council of the Russian Federation, analyzes the Federal Law "On the State Council of the Russian Federation" dated December 8, 2020 No. 394-FZ and studies the changes that came into force in the light of the constitutional reforms of 2020. According to this Law, the State Council of the Russian Federation should become a real mechanism of public power in Russia, while remaining an advisory body and a platform for coordinating the interests of the regions and the center. The author conducted a comparative analysis of the State Council, which acted in accordance with the Presidential Decree of 2000, and the law adopted in 2020. Based on the conducted research, the author concludes that the amendments to the Constitution of the Russian Federation adopted in 2020 are timely and necessary in order to restore the existing government.

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 The constitution of the Russian Federation and constitutional identity in the context of global changes

2021 ◽  
Vol 108 ◽  
pp. 01003
Author(s):  
Evgeniy Vladimirovich Kirichek ◽  
Eduard Anatolievich Kononov ◽  
Golib Nurullo Kodirzoda
Keyword(s):  
Russian Federation ◽  
State Level ◽  
The State ◽  
Global Changes ◽  
Constitutional Court ◽  
Special Role ◽  
Legal Identity ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Constitutional Identity

Today we are witnesses and participants in a historic event that is very important for Russia – preparation and adoption of amendments to the Constitution of the Russian Federation, reflecting both a legal identity and a vast long-term experience of the constitutional development of the Russian state with due consideration to the opinion of various strata of the population and extensive public discussion. Goal of the research is to show a special role of the Constitution of the Russian Federation from the position of its supremacy in combination with the doctrine of constitutional identity, which is essentially a trend of modern globalization processes, based on the analysis of doctrinal and practical issues, laws and regulations, decisions of the Constitutional Court of the Russian Federation, the European Court of Human Rights, and statistical data. The methodological basis of the research consists in the application of both general scientific and special methods developed in jurisprudence. During the research, the following methods of scientific knowledge played a special role: dialectical, historical, comparative law, statistical, logical, etc. A number of conclusions were drawn concerning, on the one hand, the development of a legal potential of the Constitution of the Russian Federation being a determining vector in preventing socio-political destabilization, and on the other hand, constitutional identity, in the broadest sense shown in the desire to know and formulate the own national, religious and other identities, to follow traditional family values, etc., and at the state level – prevention of violation of territorial integrity, state sovereignty, acknowledgement of constitutional and legal identity of the state.

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.

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