scholarly journals Special Knowledge Application in the Prosecutor’s Office Activities

2021 ◽  
Vol 16 (7) ◽  
pp. 145-158
Author(s):  
O. Yu. Antonov ◽  
S. V. Shepelev
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Knowledge Application ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Competent Person ◽  
History Of ◽  
Response Measures ◽  
Special Knowledge ◽  
The Russian Federation

In the paper, given the recent history of prosecutorial supervision, the opinions of prosecutors and scientists, and the position of the Constitutional Court of the Russian Federation, the authors analyze the legislation and court practice on cases when prosecutors engage experts. The forms of special knowledge application in the course of the prosecutor’s supervision are highlighted and specified. The authors formulate recommendations for their design and use both during the prosecutor’s investigation and for further possible legal proceedings. In case the prosecutor’s decision is taken within the framework of the powers granted by the Law on the Prosecutor’s Office, it must be made based on the results of an audit conducted with the participation of a competent person. In cases when the prosecutor’s investigation findings are subsequently result in response measures made up of legal norms in the framework of legal proceedings, the examination must be carried out in court in order to establish the circumstances requiring the use of special knowledge. Special knowledge application in the course of the prosecutor’s investigation becomes the basis for further measures of the prosecutor’s response. The authors substantiate the opinion that the integration of the institution of forensic examination into the implementation of prosecutorial supervision in its pure form is impossible. At the end of the paper, a conclusion is formulated about the forensic significance of this activity, including for an investigator, an inquiry officer at the stage of initiating a criminal case.

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.

On the issue of understanding administrative proceedings

2020 ◽  
pp. 135-140
Author(s):  
Valentin Nazarov ◽  
Tat’yana Akimova
Keyword(s):  
Russian Federation ◽  
Practical Implementation ◽  
Public Interests ◽  
Legal Norms ◽  
Legal Proceedings ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Judicial Procedure ◽  
Administrative Proceedings

We point out some trends observed in the development of Russian justice. We note the features of the historical development of the state that have influenced the legislative consolidation of administrative legal proceedings. Exploring the main approaches to the definition of administrative legal proceedings, we conditionally combine them into three large groups and characterize each of them. The various positions of legal scholars on the legal nature of administrative legal proceedings are illustrated. It is indicated that with the adoption of the Code of Administrative Judicial Procedure, there was a separation of administrative proceedings from other types, the result of which is the creation of administrative and legal means to ensure and protect public interests as well as the practical implementation of constitutional legal norms on administrative legal proceedings. We specify that the independent nature of administrative legal proceedings is determined by the specifics of this process. The features characteristic for this type of legal proceedings are analyzed. We express an opinion on the need for a more clear and unambiguous formulation of the subject of regulation of the Code of Administrative Judicial Procedure of the Russian Federation and its normative consolidation. Despite the fact that more than four years have passed since the adoption of the Code, the controversy surrounding the subject of regulation of the Code of Administrative Judicial Procedure of the Russian Federation continues to this day. In addition, we reveal the most important results of the adoption of the Code of Administrative Judicial Procedure.

scholarly journals Reasons Why Inflicting Harm is not a Sufficient Indicator of Abuse of the Right

Lex Russica ◽  
2021 ◽  
pp. 22-31
Author(s):  
S. V. Musarskiy
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Point Of View ◽  
Constitutional Court ◽  
Negative Consequences ◽  
Legal Norms ◽  
Key Factor ◽  
The Russian Federation ◽  
The Right ◽  
Subjective Rights

One of the most difficult issues of civil law is the determination of the criteria for abuse of rights prohibited by Article 10 of the Civil Code of the Russian Federation. Among numerous points of view on this issue, the following has become very widespread in judicial practice: an abuse of the right can be established based on the negative consequences that have occurred for third parties as a result of the exercise of the right. Since these consequences are evident, then the exercise of the right constituted an abuse. Substantial support for this approach is provided by the Constitutional Court of the Russian Federation opining that the rule of Art. 10 of the Civil Code of the Russian Federation is aimed at implementing the principle enshrined in Part 3 of Art. 17 of the Constitution of the Russian Federation. Having studied the origins of this point of view and its legal foundations, the author noted a number of inherent shortcomings. In particular, this point of view does not distinguish between inflicting unacceptable harm and admissible actions causing harm to another person; it does not take into account the competition of legal norms; it does not take into account that causing harm prohibited by law is an offense and, therefore, it is not an act of exercising subjective rights. These and other shortcomings of the concept of causing harm, noted by the author of the paper, lead to the conclusion that the feature of “causing harm” in itself is insufficient to qualify the act as an act of abuse of the right and the application of Art. 10 of the Civil Code of the Russian Federation. In addition to the indicated feature, which is a prerequisite for the application of Art. 10 of the Civil Code of the Russian Federation, the court must establish another (key) factor, namely: the fact that, in its opinion, allows to distinguish between legal abuse and other lawful and unlawful phenomena.

THE NORMATIVELY FIXED “CRITERIA” OF QUALIFIED LEGAL ASSISTANCE IN CIVIL PROCEEDINGS AND ARBITRATION PROCEDURE ARE ON THE AGENDA (IN THE LIGHT OF THE RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION OF 16 JULY 2020 NO. 37-P)

2021 ◽  
Vol 10 (6) ◽  
pp. 101-113
Author(s):  
D.I. BEKYASHEVA
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Legal Assistance ◽  
Federal Law ◽  
Close Attention ◽  
Legal Proceedings ◽  
Correct Conclusion ◽  
Civil Proceedings ◽  
Arbitration Procedure ◽  
The Russian Federation

The experience of creating professionally oriented legal proceedings is not new (besides, it is far from positive) for arbitration procedure, which, once again addressing this issue, required the legislator to thoroughly study, at least, that had already happened in this regard – the practice of the Constitutional Court of the Russian Federation. While recognizing the existence of two mutually exclusive provisions that appeared in one Resolution of the Constitutional Court of the Russian Federation (from 16 July 2004 No. 15-P), we still cannot but come to the sad conclusion that when establishing restrictions on judicial representatives, none of the conclusions of the Constitutional Court of the Russian Federation is so was not accounted for. At the same time, the Constitutional Court of the Russian Federation itself, in its own Resolution of 16 July 2020 No. 37-P, where the qualified legal assistance provided was checked (Federal Law of 28 November 2018 No. 451-FZ), states the presence of a minimum standard, which externally appears as a forecast of an alleged additional (possibly more close) attention to the set of criteria for a professional representative, but from the inside – this argument of the Constitutional Court of the Russian Federation is just an aporia, a logically correct conclusion, which is still unable to exist in reality.

Legal features of the exercise of the powers of the Constitutional Court of the Russian Federation

2022 ◽  
pp. 109-114
Author(s):  
A. V. Kuznetsov
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Legal Analysis ◽  
Federal Law ◽  
Legal Norms ◽  
The Russian Federation

The author studies the legal norms of the exercise of the powers of the Constitutional Court of the Russian Federation. The list of the main provisions of the Federal Law on the powers of judges and the court in connection with amendments to the Constitution of the Russian Federation is presented. The provisions of the new edition of the Federal Law on the Constitutional Court of the Russian Federation are considered. The legal analysis of the amendments made to the FKZ for legal evaluation from the theoretical and practical side is carried out.

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 Periodization of History of Judicial Transformations in Russia in the Second Half of the XIX to the XXI Century

2021 ◽  
Vol 5 ◽  
pp. 34-45
Author(s):  
Aleksey A. Demichev ◽  
◽  
Valentina M. Bolshakova ◽  
Vera A. Ilyukhina ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Judicial System ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
The Third ◽  
History Of ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
The Russian Empire ◽  
Second Period

The article proposes a periodization of judicial reforms in the Russian Empire, the RSFSR and the Russian Federation. The article proposes a distinction between the concepts of «judicial reform» and «judicial reform». There are distinguished and characterized six periods of judicial reforms in relation to the dynamics of the judicial system and legal proceedings in Russia in the second half of the XIX — XXI centuries: the first period (November 20, 1864 — July 1, 1899) — the judicial reform of 1864; the second period (July 1, 1899 — November 22 (December 5), 1917)) — the transformation of the judicial system and judicial proceedings created by the Judicial Statutes of 1864; the third period (November 22 (December 5), 1917 — May 25, 1922) — the judicial transformations of the first years of Soviet power; the fourth period (May 25, 1922 — July 10, 1923) — the judicial reform of 1922; the fifth period (July 10, 1923 — October 24, 1991) — transformation of the judicial system and judicial proceedings in the RSFSR, created during the judicial reform of 1922; the sixth period (October 24, 1991 — July 29, 2018) — judicial reform in the Russian Federation.

scholarly journals Legal Bases of the Involvement of Citizens in Solution of Local Issues

2021 ◽  
Vol 3 ◽  
pp. 22-26
Author(s):  
Oksana B. Novruzova ◽  
◽  
Polina E. Snegireva ◽  
Keyword(s):  
Russian Federation ◽  
Active Participation ◽  
The State ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
Legal Norms ◽  
Effective Implementation ◽  
The Russian Federation

In this study, the author examines such an urgent topic as the participation of citizens in resolving issues of local importance. The existing scope and content of powers in the sphere of local self-government are analyzed. The place and significance of this right in the system of legal norms is determined. The article considers a list of sources that influence the formation and functioning of these powers, including the legal positions of the Constitutional Court of the Russian Federation on the issue under study. In addition, the author summarizes the meaning of the main constitutional amendments in this area of legal relations. The author comes to the conclusion that it is necessary for the state to take appropriate measures in order to ensure the active participation of the population in resolving issues of local importance, as well as the effective implementation of the citizens' right to exercise local self-government.

scholarly journals Review of Some Amendments to the Constitution of the Russian Federation

2021 ◽  
Vol 3 ◽  
pp. 40-44
Author(s):  
Andrey M. Konovalov ◽  
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
State Council ◽  
Lively Discussion ◽  
Basic Law ◽  
Single Person ◽  
Special Knowledge ◽  
The Russian Federation ◽  
The Law ◽  
Entire Text

On March 14, 2020 , the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation from 14.03.2020 N 1-FKZ (hereinafter — the law on the amendment), or rather its article 3, which provides for the entry into force of the amendments themselves to the Basic Law of the country, as well as several related issues, was officially published and entered into force. After only two days — March 16, 2020 was the Conclusion of the constitutional Court of the Russian Federation (hereinafter — CC RF), "On compliance with the provisions of chapters 1, 2 and 9 of the Constitution of the Russian Federation pending its entry into force the provisions of the Law of the Russian Federation on the amendment of the Constitution" (hereinafter — the Conclusion). The proposed amendments affect a number of issues that are socially significant and therefore require detailed study, such as: fixing additional social guarantees for the population in the Constitution of the Russian Federation, setting the maximum number of presidential terms that a single person can hold, fixing requirements for persons applying for a number of positions, introducing a rule on the State Council, the possibility of checking the compliance of laws with the Constitution of the Russian Federation before they are signed by the President, etc. Even when the text of the original Bill was published, it caused quite a lively discussion not only in the society of professional lawyers, but also among those who do not have special knowledge in the field of law. Without trying to analyze in detail the entire text of the amendment Law (this would require writing a whole book) and without claiming absolute truth of the statements made, we will still try to consider its most interesting and controversial points, including relying on the Conclusion given by the constitutional court of the Russian Federation.

scholarly journals PROCEDURAL ORDER FOR COURT CONSIDERATION OF INVESTIGATOR’S APPLICATIONS ON THE PRODUCTION OF INVESTIGATIVE ACTIONS, RESTRICTING CONSTITUTIONAL HUMAN RIGHTS AND FREEDOMS

2020 ◽  
Vol 30 (1) ◽  
pp. 159-164
Author(s):  
L.G. Tatyanina
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Legal Proceedings ◽  
Judicial Control ◽  
Administration Of Justice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
New Form

The criminal procedure legislation of the Russian Federation, providing for the court to give permission to conduct a number of investigative and procedural actions, did not unambiguously regulate the procedure for examining applications from an investigator and making a decision. The different approach of scholars and practitioners to the activities of the court when issuing these permits - judicial authorization or judicial control, necessitated the establishment of the procedure for making appropriate decisions. The current provision of Part 2 of Art.165 of the Code of Criminal Procedure of the Russian Federation, which corresponded to the procedure for considering applications within the framework of judicial authorization, did not meet the requirements for a decision when resolving a conflict in the framework of the administration of justice. Considering the positions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation, the courts, when resolving the petition of the investigator and the inquiry officer for conducting investigative and other procedural actions, began to hold a judicial session to consider these petitions with the preparation of the protocol of a court session, in fact creating a new form of legal proceedings requiring consideration of the issue with the participation of the parties, that should be unconditionally when using audio recording of a court session. The use of this procedure casts doubt on the possibility and expediency of carrying out investigative actions restricting the constitutional rights of citizens, since the disclosure of the plans of the investigator and the inquirer, aimed at obtaining evidence, actually leads to the pointlessness of the implementation of these investigative actions. The article substantiates the need to regulate judicial authorization in order to ensure the proper process of evidence while respecting the rights and freedoms of citizens.

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