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 Individual and Authorities: Principle of Sustaining Citizens’ Trust to the Law and Actions of the State

2019 ◽  
pp. 143-158
Author(s):  
Alexey Semitko
Keyword(s):  
Russian Federation ◽  
The State ◽  
Constitutional Court ◽  
Social Conventions ◽  
Legal Principles ◽  
The Public ◽  
Russian Constitution ◽  
Legitimate Expectations ◽  
The Russian Federation ◽  
The Law

The paper analyzes the principle of sustaining citizen’s trust to the law and actions of the state in the system of individual / authorities relations. This principle is introduced into the Russian legal system by rulings of the Constitutional Court of the Russian Federation possessing the legal force of the Russian Constitution. However, the Supreme Law itself does not feature this property in the text. It is accordingly required – which is the purpose of this paper – to study this principle’s notion, content, nature, character, scope and place in the system of other legal principles, including those established in the Constitution of the Russian Federation, some of which are referenced by the Court in its rulings to justify the identification of the analyzed principle. To solve the above tasks, methods of interpreting official legal texts were applied (systemic, special legal and logical methods), as well as the anthropological approach. It is established that the researched principle is a general legal (universal) principle that stands on its own in the system of principles and is associated with the need for the whole state’s activity to comply with the established value, moral and ideological beliefs, generally accepted social conventions, etc., i.e. society’s legitimate expectations, which defines its scope and applicability. The recognition and respect of human dignity is central in society’s legitimate expectations from the state as it implements its activities. The latter requirement is fundamental for this principle and the public trust to state’s activities that is shaped during its realization; at the same time, such requirement is a criterion of how aligned state’s actions are with the society’s legitimate expectations. The novelty of this approach rests on identifying closely interconnected grounds, features, content and scope of the researched principle.

scholarly journals House Arrest of the Accused (Suspect): Full Isolation and the Right to Walk

2020 ◽  
pp. 43-46
Author(s):  
Valentina N. Gaponova ◽  
◽  
Varsenik A. Vinogradova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Preventive Measures ◽  
Preventive Measure ◽  
Legal Regulation ◽  
Constitutional Court ◽  
House Arrest ◽  
The Russian Federation ◽  
The Law ◽  
The Right

The article analyzes the changes in the legal regulation of the house arrest and the practice of its imposition. Particular attention is given to the controversial issue of the right of the accused under house arrest to leave the premises for a walk. The authors note that the Normative Transformation of House Arrest, which brought it closer to detention, set the law enforcement task to overcome the established stereotypes in the interpretation of specific provisions related to the essence of this preventive measure. First, it concerns the “regime” of isolation, specifically, the possibility of the accused to take walks. Today, when the house arrest implies ultimate isolation of the accused with the right to live in their home, the court’s permission for the accused to leave the place of residence is not based on the law. The authors conclude that the positive decision of the court is permissible only because of applying the law by analogy. At the same time, it is necessary to take into account the legal positions of the Constitutional Court of the Russian Federation on the responsibility of the state to take care of the health of persons whose possibilities in this part are limited due to the election of preventive measures with isolation from society.

scholarly journals The Law of the Russian Federation on Amendment to the Constitution of the Russian Federation: Evolution of Legal Properties

2020 ◽  
Vol 15 (8) ◽  
pp. 43-54
Author(s):  
N. E. Taeva
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Federal Legislation ◽  
Constitutional Court ◽  
Public Power ◽  
The Subject ◽  
The Russian Federation ◽  
The Law ◽  
Law Making ◽  
Legal Force

The paper, on the basis of the analysis of legislation, the RF Constitutional Court jurisprudence, as well as practice of law-making on amendments to the Constitution of the Russian Federation, describes the process of evolution of legal properties of the law under consideration. The paper investigates such legal properties of the Law of the Russian Federation on the Amendment to the Constitution of the Russian Federation as legal force, the subject of the legal regulation, the procedure for adoption and entry into force. The author believes that any change of these legal properties has an impact on the legal properties of the Constitution of the Russian Federation, and primarily on its stability. The paper draws special attention to the 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.” According to the author, there was another transformation of the legal properties of the Law on Amendment. This transformation concerns the order of its entry into force. Provisions of the Law of the Russian Federation on Amendment to the Constitution adopted in 2020 contain both norms that amend the constitutional text and norms not intended for inclusion in the text of the Constitution of the Russian Federation that are technical and transitional in nature. In this regard, the author deals with the question whether the Law on Amendement itself may establish additional conditions for its entry into force other than those provided for by the federal legislation.

scholarly journals LAWMAKING ACTIVITY OF TERRITORIAL ENTITIES OF THE RUSSIAN FEDERATION: PROBLEMS AND SOLUTIONS

2017 ◽  
Vol 2017 (2) ◽  
pp. 95-99
Author(s):  
О. Рыбаков ◽  
O. Rybakov ◽  
О. Рыбакова ◽  
O. Rybakova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Constitutional Court ◽  
Legal Doctrine ◽  
Problems And Solutions ◽  
The Russian Federation ◽  
The Law ◽  
Legal Expertise ◽  
Law Making

<p>The article features an analysis of lawmaking activity of territorial entities of the Russian Federation, while focusing on some problems of regional normative legal acts. The authors define the role of legal expertise as one of the key elements of the regional law-making activity providing unity and integrity of the law over the whole territory of the Russian Federation. The analysis of the concept of “legal expertise” due to the regional regulations is given in the article, as well as its types and its essence. The authors examine different trends and approaches to the nature of the normative legal act due to the Constitutional Court of the Russian Federation practice, as well as in legal doctrine and legal law enforcement practice.</p>

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.

THE PROBLEM OF DOMESTIC VIOLENCE IN THE CONTEXT OF ARTICLES 116 AND 116.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2021 ◽  
pp. 36-41
Author(s):  
K. K. Novikova ◽  
◽  
D. D. Khmelnitskaya ◽  
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
The Public ◽  
The World Bank ◽  
The Family ◽  
The Russian Federation ◽  
The Law ◽  
Definition Of

Currently, the problem of domestic violence is quite urgent due to the annually increasing number of victims. Besides the increased attention from the legislation to this issue, the public itself is anxious about the existing situation: victims of domestic violence are treated disrespectfully as they either excessively draw attention to the situation that has arisen, or they are blamed for a late appeal to the law enforcement authorities. The paper defines the concept of domestic violence, specifies character traits of a person committing domestic violence as well as of a potential victim. Based on the analysis of litigation practice, the authors conclude on the absence of a unified approach to the definition of crime and the existence of gaps when punishing the third episode of a committed socially dangerous act. The analysis of data of the World Bank annual research “Women, Business and the Law” and the RF Ministry of Internal Affairs on domestic violence in the Russian Federation confirmed the existence of an acute problem, which remains unsolved on the legislative level for the rather long period. Within the current research, the authors propose introducing a new domestic violence body of evidence to the RF Criminal Code, whereby domestic violence should be considered willful damage for the life and health of a person being in the family, personal, or household relations. Specified innovations will allow significantly facilitating the work of law enforcement authorities and courts when classifying the acts and imposing a just punishment through the introduction of classified types of domestic violence when implementing the protection of rights of victims.

THE ROLE OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN THE INTERPRETATION OF RULES ON ACQUISITION PRESCRIPTION OF LAND PLOTS

2021 ◽  
pp. 5-10
Author(s):  
A. V. Dulger ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Code ◽  
Constitutional Court ◽  
New Approaches ◽  
The Supreme Court ◽  
Scientific Papers ◽  
Unknown Reason ◽  
The Russian Federation ◽  
The Law

The paper considers the institution of acquisition prescription relating to real estate (land plots), the procedure for the implementation of which is established by Article 234 of the RF Civil Code. The paper presents the main problems of the law enforcement practice when considering cases in courts on the recognition of property rights under acquisition prescription. In particular, the study reveals the main reasons for mass refusals of courts in such claims, despite the existence of a norm in the law and a number of explanations of the highest judicial authorities. To identify the problems and the ways to their solution, the author analyzes various scientific works covering this topic; draws attention to the lack of scientific papers on the relevant issue and the insufficient investigation of problems and ways to solve them. Despite the explanation of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, most approaches contradict law enforcement practice and the principles of civil law. For some unknown reason, the publications after November 2020 do not take into account the Resolution of the Constitutional Court of the Russian Federation of 26.11.2020 No. 48-P on the issues of acquisition prescription, which has a generally binding nature and answers a lot of problematic issues in the law enforcement practice of Article 234 of the RF Civil Code. The paper describes new approaches proposed by the Constitutional Court of the Russian Federation, which should be used when considering cases on prescriptive possession claims and implementation of this institution. The author puts forward a thesis about filling in numerous gaps, but it is too early to speak of the end of the discussion. The content of Article 234 of the Civil Code of the Russian Federation requires bringing in accordance with new approaches of the Constitutional Court of the Russian Federation in the interpretation of this norm.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Legal restrictions on the right of association in political parties and their interpretation in court decisions: comparative legal analysis

2021 ◽  
Vol 30 (2) ◽  
pp. 149-179
Author(s):  
Andrey Vershinin
Keyword(s):  
Law Enforcement ◽  
Political Parties ◽  
Russian Federation ◽  
Party System ◽  
Large Scale ◽  
Political Competition ◽  
Constitutional Court ◽  
Freedom Of Association ◽  
The Russian Federation ◽  
The Creation

The article examines the issue of exercising the freedom of association in political parties in Russia in a comparative analysis with the leading democratic countries of the world. Modern democracies cannot be imagined without political parties, which are the representors of the interests of their voters in legislative bodies and local government bodies. The development of civil society and the entire political system in the country depends on how the freedom of association in political parties and the access of parties to participate in elections is realized. The development of legislation on political parties in the Russian Federation proceeded unevenly. In the first years after the adoption of the Constitution the legislative body did not introduce strict requirements for parties. The adoption of a special federal law on political parties in 2001 became a turning point in the development of the party system. The author identifies two large blocks of restrictions on the creation of parties. The first is legislative restrictions, the second is the restrictions that arise from the unfair activities of legislative and law enforcement agencies. In this work, legislative restrictions are compared with restrictions in other democracies, as well as based on legal positions developed by the European Court of Human Rights. The author comes to the opinion that some restrictions on the creation of parties are not necessary now, in the meantime they significantly narrow the possibilities of party creation and political competition. First, we are talking about a ban on the creation of regional parties. The Constitutional Court in its legal positions indicated that this restriction is temporary and will be lifted over time. Within the framework of this work, the author will give suggestions on changing the approach to the creation of political parties in Russia, which should affect the emergence of new strong parties at different levels of public authority. The author believes that a system of “controlled multiparty system” has developed in Russia, which is implemented both in changing the legislation on political parties based on the interests of the “party in power” and the practice of the registration body, which prevents the formation of new parties claiming to redistribute the existing distribution of forces. Based on the analysis of the legislation on political parties, law enforcement practice, decisions of the Constitutional Court of the Russian Federation, the ECHR and the legislation of foreign countries, the author proposes approaches to reforming the existing party system, which include small cosmetic changes and large-scale changes in approaches to the creation of parties.

Law enforcement practice of judicial authorities on tax disputes

2021 ◽  
pp. 550-563
Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
Effect Relationship ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law ◽  
Qualitative Characteristics ◽  
State Body

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.

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