scholarly journals Basic values of the Russian civilization as the basis of the Russian Constitution

2015 ◽  
Vol 2 (4) ◽  
pp. 43-50
Author(s):  
N I Grachev
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Constitutional Development ◽  
Russian State ◽  
State And Society ◽  
Russian Constitution ◽  
Constitutional Evolution ◽  
The Russian Federation ◽  
Sociocultural Values

This article deals with a conflict between Occidental civilizational values and the Russian ones which serve as political and legal fundamentals of the active Russian Constitution. An attempt is made to subtotal Russia’s constitutional evolution over the years which have passed since the Constitution of the Russian Federation was adopted in 1993. The condition of the country’s political and legal system is analyzed in a critical manner. Main courses of constitutional development of the Russian State and society are defined on the basis of sociocultural values which are traditional for Russia and its citizens.

scholarly journals The 2020 Constitutional Reform in the Russian Federation as a Way to Strengthen the Nation

2021 ◽  
Vol 1 ◽  
pp. 3-6
Author(s):  
Sergey N. Baburin ◽  
Keyword(s):  
Russian Federation ◽  
Social Economic ◽  
Moral Values ◽  
Constitutional Reform ◽  
Russian Society ◽  
Ethnic Communities ◽  
Russian State ◽  
The Social ◽  
Russian Constitution ◽  
The Russian Federation

The article considers the positive changes of the Russian Constitution, implemented during the constitutional reform of 2020, justified the relevance and significance of the constitutional reform of 2020, which for the Russian Federation is an important step towards strengthening the nation as a multinational people of Russia, its unity. The return to the text of the constitution of traditional spiritual and moral values of Russian society, filling with real content of the social character of the modern Russian state is made with the understanding that the nation in Russia is a civilizational union of many peoples. The consolidation of the multi-ethnic people of Russia is considered in the spiritual, moral, social, economic, political and civilizational levels, when the consolidation of cultural unity of modern Russia is carried out at the same time protecting the identity of all peoples and ethnic communities of the Russian Federation. It is concluded that the constitutional reform of 2020 has not removed from the agenda the question of the need for a new Constitution of Russia.

scholarly journals On the hierarchy of normative legal acts in the legal system: experience of consular work abroad

2020 ◽  
pp. 95-105
Author(s):  
A. P. Lyubimov ◽  
A. M. Oreshenkov
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Degrees Of Freedom ◽  
Clear Understanding ◽  
International Treaties ◽  
Supreme Courts ◽  
Russian Constitution ◽  
The Russian Federation ◽  
Work Abroad

INTRODUCTION. The article analyzes the current problems of the consular service. In the practical work of officials of the consular service of the Russian Federation, periodically arise situations in which it is necessary to make decisions taking into account the hierarchy of national legal acts and norms of international law, which are an integral part of the legal system of Russia. The situation complicated by the lack of a normative document that clearly and unambiguously regulates the hierarchy of legal acts that make up this system. The present article, based on the experience of the authors' work abroad, is a comprehensive study for making possible decisions within the framework of the issue under consideration on those non-standard issues that periodically are faced by employees of consular offices.MATERIALS AND METHODS. This article is based on the analysis of the provisions of article 15 of the Russian Constitution (taking into account the recently introduced amendments to the Constitution), on the decisions of the Constitutional and Supreme courts of Russia, laws of the Russian Federation, in particular, of the Civil code of the Russian Federation and the Federal law «On international treaties of the Russian Federation», and also in comparison of the legal systems of Russia, USA and Norway in the question of the primacy of national or international law, as well on real situations that occurred during one of the author's work in the consular service of the Russian MFA. The research method is based on the General scientific method of cognition.RESEARCH RESULTS. The article leads to the conclusion that in the question of the primacy of national or international law in the domestic legal system of a state gives its legislation different degrees of freedom to the Supreme state bodies in a flexible approach to the implementation of international legal obligations within the framework of the generally recognized principle of international law «pacta sunt servanda» – «treaties must be observed». Besides, within the framework of Russian national law, there are legally established opportunities to implement the norms of subordinate normative acts in the presence of a law that regulates the same type of relations in a different way.DISCUSSIONS AND CONCLUSIONS. The article provides a regulatory framework that can be used by Russian foreign offices and the MFA in case of violation by the authorities of the host country of the norms of bilateral and multilateral treaties to which Russia and the country concerned are parties. As a conclusion, it is suggested that a clear understanding of the hierarchy of normative acts in the Russian legal system is necessary for its competent application by officials of Russian foreign offices in solving issues in the field of national legislation, as well as the use of international law by these persons in protecting the rights and interests of the Russian Federation, its legal entities and individuals.

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.

8 Generally-Recognized Principles and Norms of International Law

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
International Treaties ◽  
State Practice ◽  
Russian Constitution ◽  
Recent Addition ◽  
The Russian Federation ◽  
Russian Law

This chapter studies the generally-recognized principles and norms of international law as an integral part of the Russian legal system. Most international lawyers would "rank" them higher than mere treaties because they are more fundamental, more universal, perhaps more venerable at least in origin. Indeed, in Article 15(4) of the 1993 Russian Constitution they are enumerated ahead of international treaties of the Russian Federation. However, they become important in Russian law and State practice precisely because they are provided for in Article 15(4) and thus are a comparatively recent addition to the repertoire of rules which Russian institutions, officials, and courts must apply, as a rule in priority over Russian normative legal acts. Chronologically, therefore, they appear in the Russian legal system long after treaties.

scholarly journals IMPLEMENTATION PROBLEMS OF THE CONVENTION ON HUMAN RIGHTS

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Валерий Зорькин ◽  
Valyeriy Zorkin
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
Legal System ◽  
National Level ◽  
European Convention ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
Russian Constitution ◽  
The Russian Federation

The article is devoted to the problems of implementation into the domestic law of the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and Convention-based decisions of the European Court of Human Rights (ECHR). The author notes that the complexity of the ECPHRFF provisions’ implementation process is caused by the lack of efficient legal remedies at the national level. Among the reasons for failure to execute or for the delay in execution of the ECPHRFF requirements and ECHR decisions, there are lack of coordination of actions between different government agencies and differences in approaches to ECPHRFF interpretation, political contradictions. The article justifies an important role of the Constitutional Court of the Russian Federation in improving the Russian legislation and lawenforcement by means of implementation of the ECPHRFF provisions and ECHR case law. The author underlines that the Constitutional Court of the Russian Federation activity is aimed at resolving two tasks: harmonization of the Russian legal system with the European legal framework and protection of own constitutional identity. The author considers the problem of “judicial activism” in the ECHR activity, that is aimed at extended interpretation of the ECPHRFF articles. The author pays special attention to the issue of application by the ECHR of the European consensus methodology which it used to determine the discretion of states in safeguarding conventional rights. At the same time the author points to the inconsistency of this concept in regard to the ECPHRFF basic principles. The author justifies the Constitutional Court of the Russian Federation position, in accordance with which ECPHRFF and the ECPHRFF-based decisions of ECHR do not override the priority of the Russian Constitution for national constitutional courts and the Russian legal system in those cases when the Russian Constitution is capable to ensure better protection of human and civil rights and freedoms. The author draws the conclusion that cooperation of the European and Russian legal orders is not possible in the context of subordination; it is necessary to establish a dialogue between the legal systems which is a guarantee of the all-European law development.

The Letter and the Spirit of the Russian Constitution: 20 Years' Experience of Harmonization in the Light of Constitutional Justice

10.12737/1141 ◽  
2013 ◽  
pp. 5-17
Author(s):  
Николай Бондарь ◽  
Nikolay Bondar
Keyword(s):  
Russian Federation ◽  
Legal Pluralism ◽  
Legal Positivism ◽  
Constitutional Court ◽  
Constitutional Development ◽  
World Outlook ◽  
Russian Constitution ◽  
Constitutional Justice ◽  
The Russian Federation

Based on 20-­year­-old experience of the constitutional development of Russia and the generalization of practice of the Constitutional Court of the Russian Federation in the article there revealed the interrelation between external, formal-­legal and internal, sacred principles of the Constitution of the Russian Federation of 1993 and its spirit. In accordance with the methodology of world outlook and legal pluralism, a combination of legal positivism and natural law in the Constitution, and with regard to the legal and doctrinal nature of decisions of the Constitutional Court of the Russian Federation, there revealed the role of constitutional justice as an institution of social and cultural harmonization of its letter and spirit, the formation of a «live» (court) constitutionalism.

scholarly journals GOVERNMENT OF THE RUSSIAN FEDERATION: ISSUES OF CONTINUITY, RECEPTION AND REFORM AT THE PRESENT STAGE

2020 ◽  
Vol 36 (4) ◽  
pp. 63-68
Author(s):  
S.A. Saibulaeva ◽  
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Separation Of Powers ◽  
Legal Norms ◽  
Subsequent Transformation ◽  
Constitutional Principle ◽  
Russian State ◽  
The Russian Federation ◽  
The Government ◽  
The Impact

The article discusses the controversial issues of formation and functioning of the Supreme Executive body of the Russian Federation. It is shown that the modern Russian state system continues to be reformed under the influence of continuity and/or reception of political and legal institutions, and their subsequent transformation. It is noted, that the essence of such a reform is to introduce progressive (rational) legal norms into the national legal system that harmonize issues of governance and state structure. The article systematizes the types and methods of state-legal control over the formation and activities of the Government of the Russian Federation within the framework of the functioning of the constitutional principle of separation of powers and the system of checks and balances. The article analyzes the impact of modern constitutional innovations on the Russian state legal system and the expected legal consequences.

Preservation of Book Cultural Heritage: Sub-program “Book Monuments of the Russian Federation”, 2000—2010

2010 ◽  
pp. 23-25
Author(s):  
Alexander Yu. Samarin
Keyword(s):  
Cultural Heritage ◽  
Russian Federation ◽  
Scientific Conference ◽  
Russian State ◽  
The Russian Federation ◽  
State Library

On the International scientific conference The Rumyantsev Readings, taken place in the Russian state library on April, 20-22th, 2010.

M. Seslavinsky’s Gift to the Russian State Library

2009 ◽  
pp. 130
Author(s):  
Article Editorial
Keyword(s):  
Mass Media ◽  
Russian Federation ◽  
Federal Agency ◽  
Russian State ◽  
Media Communications ◽  
The Russian Federation ◽  
State Library

Head of the Federal Agency for Press and Mass Media Communications of the Russian Federation M. Seslavinsky (Rospechat) presented albums and collection of books to the Russian State Library on February, 4, 2009. These interesting examples of bookbinding and series of ex-librises were created by known artists for his private library.

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