scholarly journals The Institution of Presidency in the Russian Federation: Issues of the Establishment and Reformation at the Present Stage

2021 ◽  
Vol 1 ◽  
pp. 45-48
Author(s):  
Saida A. Saybulaeva ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
The Political ◽  
Legal Institution ◽  
Present Stage ◽  
Legal Norms ◽  
Head Of State ◽  
Russian State ◽  
The Russian Federation ◽  
Constitutional Changes

The article deals with the establishment, formation and development of the Institute of the presidency in the Russian Federation. It is shown that this legal institution was established in complex political, legal and social conditions under the influence of international and national factors. Two main historical and legal stages of the establishment and formation of the Russian presidential Institute are considered. It is noted that the specifics of the Russian institution of the presidency were formed under the influence of, among other things, received and successive legal norms, which predetermined the formation and functioning of a new and unique legal institution for the Russian state. The article analyzes the consequences of modern constitutional changes in the political and legal status of the head of state and their subsequent impact on the state mechanism of the Russian Federation.

scholarly journals The Parliament of the Russian Federation: Evolution of the Establishment and Functioning

2020 ◽  
Vol 12 ◽  
pp. 65-68
Author(s):  
Saida A. Saybulaeva ◽  
Keyword(s):  
Social Development ◽  
Russian Federation ◽  
Legal Status ◽  
The State ◽  
State Structure ◽  
Legislative Body ◽  
Russian State ◽  
The Russian Federation ◽  
Constitutional Changes

The article deals with the establishment, formation and activity of the Supreme representative (legislative) body of the Russian Federation. It is shown that the bicameral Parliament of the Russian state was formed under the influence of international, national political, legal and social development. It is noted that the essence of the bicameral Parliament is a legal reflection of the specifics of the development and state structure of Russia. The influence of reception and succession on the formation of the Federal Assembly of the Russian Federation is considered. The article analyzes the consequences of modern constitutional changes in the sphere of political and legal status of the Russian Parliament and their subsequent impact on the state mechanism of the Russian Federation.

scholarly journals On the Issue of a Public Corporation as a Form of a Non-Profit Organization

2021 ◽  
Vol 2 ◽  
pp. 3-5
Author(s):  
Natalia G. Kanunnikova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Civil Law ◽  
Federal Law ◽  
Legal Regime ◽  
Non Profit ◽  
Russian State ◽  
Public Corporation ◽  
State Corporation ◽  
The Russian Federation

The article offers the author’s vision of such a form of non-profit organization as a state corporation with a special legal status. As a result of the analysis, the author comes to the conclusion that it is permissible to recognize a state corporation as an independent subject of civil law relations, since state corporations combine the characteristics of both a legal entity, in particular, the autonomy of property, independent liability for obligations, etc., and the institution of the state, endowed with authority. The analysis of the federal legislation allowed the author to say that a special legal regime applies to modern Russian state-owned corporations, which provides for their exemption from certain duties and granting certain rights and powers. In this regard, the question is raised about the development of recommendations for improving legislation in the field under study by excluding Article 7.1 from the Federal Law, January, 12 № 7-FZ “On Non-Profit Organizations”, and introducing its content into the Civil Code of the Russian Federation, adding it to Article 124.1 “State Corporation”.

scholarly journals Activity of the constituent entities of the Russian Federation in the area of traditional medicine: good or harm?

2020 ◽  
pp. 11-24
Author(s):  
Kseniya Igorevna Korobko
Keyword(s):  
Traditional Medicine ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Federal Legislation ◽  
Present Stage ◽  
Federal Level ◽  
The Russian Federation

This article analyzes the legal regulation of social relations in the area of traditional medicine on the level of constituent entities of the Russian Federation at the present stage. The author examines the normative legal acts with regards to traditional medicine on the federal and regional levels. A conclusion is made that federal legislation regulates a limited number of questions in the field of traditional medicine; thus legal regulation in this sphere is virtually delegated to the constituent entities of the Russian Federation. At the same time, legislation fundamentally differs from region to region, so is the legal status of the participants of legal relations. The scientific novelty consists in formulated conclusions on the need for amending the current legislation for the purpose of consolidation on the federal level of universal requirements to exercising activity by all subjects of traditional medicine. Such recommendations would allow ensuring unity of legal status of the subjects of legal relations in the area of traditional medicine throughout the Russian Federation.

scholarly journals Odpowiedzialność polityczno-prawna Prezydenta Ukrainy

2020 ◽  
Vol 6(161) ◽  
pp. 145-168
Author(s):  
Andrzej Stec
Keyword(s):  
Legal Status ◽  
Legal Responsibility ◽  
The Political ◽  
Political Responsibility ◽  
Legal Norms ◽  
Basic Law ◽  
Head Of State ◽  
The Social ◽  
State Governance ◽  
Social Harmfulness

One of the democratic mechanisms of state governance is to define the political and legal responsibilities of the supreme state bodies. The type and scope of responsibility also determines the legal and constitutional position of the head of state. In the article, the author analyzes legal norms regarding the political and legal responsibility of the President of Ukraine. The examination of problems related to these norms is based on Ukrainian and foreign constitutional and statutory solutions. Political (parliamentary) responsibility is related to the relevance, legitimacy and purposefulness of decisions made by the person holding the office of President. It is assessed by the appointing or controlling body. Although the current legal status in Ukraine does not provide for the institution of the President’s political responsibility, such solutions were present during the political changes after the collapse of the Union of Soviet Socialist Republics. Political responsibility of the Head of State in 1991–1993 was provided by the repeatedly amended Constitution of Soviet Ukraine (of 20 April 1978, as amended in Article 114-9(3)). The constitutional responsibility of the President in Ukraine is regulated in Article 111 of the Basic Law, which states that the Head of State is responsible for treason and other crimes, without however indicating the premises or grading the social harmfulness of these prohibited acts. The discussed problems related to the triple division of power, its exercise and legitimacy appear more and more often in Ukraine, Hungary, Poland and other countries of Central and Eastern Europe, affecting the security of the entire region.

Reordering the State (without Changing the Constitution): Russia under Putin's Rule, 2000-2008

2007 ◽  
Vol 32 (1) ◽  
pp. 41-64 ◽  
Author(s):  
Hans Oversloot
Keyword(s):  
Russian Federation ◽  
Prime Minister ◽  
Party Politics ◽  
Federal Law ◽  
Prolonged Stay ◽  
State Institutions ◽  
Russian State ◽  
The Russian Federation ◽  
Made In ◽  
Constitutional Changes

AbstractIn the present article, it is assumed that V.V. Putin will not have the 1993 Constitution of the Russian Federation changed in order to help him arrange for a prolonged stay as President of Russia after his second term expires in 2008. It is also assumed that there will be no constitutional changes as to the power and the position of the prime-minister which would allow for an immediate 'return' of V.V. Putin in another capacity, namely as prime-minister, with much the same powers as he presently holds as President. The author expects that Putin will be true to his word in that he will maintain the 1993 Constitution (with the exception of minor change), that he will show to be—to use the Russian constitutional terminology—the garant of this Constitution.Nevertheless, within the framework of the 1993 Constitution, substantial changes have been made in the ordering of the Russian state, by federal law, by other means. The subordination of the subjects of the Russian Federation to the federal center, the 'emancipation' of state-politics from party politics, the 'emancipation' of democracy itself from party-politics, the penetration of societal organizations by state institutions (upravliaemaia demokratiia or suverennaia demokratiia), and the accompanying (state-) ideological changes, which have come about especially during Putin's second term, all add up to what is expected to be a lasting legacy. Putin has not changed the 1993 Constitution; he has given it its definite reading (interpretation) as it were.

scholarly journals The legal status of the Federation Council in the light of amendments to the Constitution of the Russian Federation

2020 ◽  
pp. 195-200
Author(s):  
Tatiana Medvedeva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Logical Analysis ◽  
Political Life ◽  
The Political ◽  
Checks And Balances ◽  
Long Time ◽  
The Russian Federation

The purpose of the article is to consider the content of the main changes provided for by amendments to the Constitution of the Russian Federation proposed by the President of the Russian Federation in January 202, regarding regulation of the legal status of the Federation Council. Attention, in particular, is focused on expanding the personnel powers of the upper house of the Russian parliament, as well as changing the formation of the Fe­deration Council. It is substantiated that the amendments to the Constitution of the Russian Federation contribute to the improvement of the system of checks and balances, including by strengthening the role of parliament. This goal is also served by securing directly in the Constitution of the Russian Federation the control powers of the Federal Assembly of the Russian Federation, which for a long time was regulated solely in sectoral legislation. The article also proposes a solution to the issue of a different approach to the establishment of the term of office of senators from subjects and senators — representatives of the Russian Federation. The conclusion is made that the proposed amendments to the Constitution of the Russian Federation contribute to strengthening the role of the Federation Council in the political life of the country. Within the framework of this research, we used formal logical (analysis) and comparative legal methods.

scholarly journals Constitutional and legal status of a federal subject in the Republic of Iraq and in the Russian Federation: a comparative legal study

2021 ◽  
Vol 118 ◽  
pp. 02020
Author(s):  
Waleed Taha Akram Toghramchy ◽  
Nahro Khasro Hussein
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Federal State ◽  
Legal Research ◽  
Legal Norms ◽  
Division Of Powers ◽  
Study Results ◽  
The Russian Federation ◽  
The Republic ◽  
The Comparative Study

The constitutional and legal status of subjects of various federations is the issue considered by many scientists, but the area of comparative legal research remains poorly studied. The article considers the basics and features of the constitutional and legal status of the subjects of two federations that are at the stage of formation as democratic and legal states: the Russian Federation and the Federal Republic of Iraq. The purpose of the comparative study is to identify common and different elements of the constitutional and legal status of the subjects of two states and to identify on their basis a model of the constitutional and legal status of a subject of a modern, democratic, and rule-of-law state. The work is based on the comparative-legal research method. The study reveals differences in the ways of achieving the goal of building a federal state in the Russian Federation and in the Republic of Iraq. It also determines the foundations and features of the constitutional and legal status of the subjects of the two federations. The analysis of the main constitutional and legal norms establishing the procedure for the division of powers between federal and regional state authorities is carried out. The study results allow concluding that it is necessary to amend the constitutional legislation of the Republic of Iraq in order to expand the constitutional and legal status of the subjects and improve federal relations within the country.

scholarly journals Why do the Russians succumb to the “strong-hand” government? Historical-cultural legitimacy of the Russian state leadership in the context of Yuri Pivovarov’s theory

2017 ◽  
Vol 7 (1) ◽  
pp. 119-135
Author(s):  
Justyna Olędzka
Keyword(s):  
Russian Federation ◽  
Public Life ◽  
Political Elite ◽  
The Political ◽  
Political Scientist ◽  
Low Level ◽  
Cultural Legitimacy ◽  
Russian State ◽  
The Russian Federation ◽  
Proper Interpretation

Abstract State leadership in Russia is determined by historical and cultural as well as by legal and institutional premises. The analysis of ways of obtaining legitimacy by state leaders of the Russian Federation is a borderline issue of political science, sociology, and history. The conditions that favor the creation of the archetype on the Russian ground are undoubtedly: extremely centralized political power in Russia (one central decision-making center whose decisions were arbitrarily arbitrary), the problem of the enforcement of the rules of the trilateral division of power (the legislative sphere dominated the legislature), the low level of control Social rulers (lack of effective legal mechanisms to verify the effects of their activities), paternalism of the leadership system and low participation of representative institutions in public life. The aim of the article is to situate in the field of considerations about the archetype of Russian power the concept of Yuri Pivovarov, according to which not only civilization baggage and the immaturity of civil society have decided the legitimacy of the state leadership of the Russian Federation. According to him, the problem of the participation of the political elite in the redistribution of goods (and the low level of participation of citizens in the process of ownership separation) is of significant importance. According to the theory of the Russian political scientist, the basis for understanding the phenomenon of Russian state leadership is the combination of elements of archetypal leadership with a proper interpretation of the relation of freedom – property.

scholarly journals PLASMA OF BLOOD: LEGAL STATUS AND TURNOVER THEREOF IN RUSSIAN AND EUROPEAN CIVIL LAW SYSTEMS

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Виолетта Трубина ◽  
Violetta Trubina
Keyword(s):  
Blood Plasma ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Point Of View ◽  
Raw Material ◽  
Human Blood Plasma ◽  
Legal Norms ◽  
The Status ◽  
The Russian Federation

The shortage of blood plasma medicine in the Russian Federation has made the production of domestic medicine a top priority task of the state. Until recently the blood products were made mainly by state-owned enterprises, nowadays this has become very attractive for privately owned companies. In practice, they have to deal with the ambiguity of the status and transferability of blood plasma at different stages of the medicine production line. Therefore, the issue of legal regulation of plasma as the main raw material for the production of blood medicine has become to be a practical issue. This article attends to the problem of the nature and legal status of human blood plasma from the point of view of currently effective laws of the Russian Federation and European legislation. Special attention is paid to the basic principles applied to the use of human tissues and organs. The author reviews the legal regulation relating to the status of a human body and its organs from the point of view of international legal norms, civil legislation of the EU, Switzerland and the Russian Federation. Also, the author reasons the proprietary nature of the blood plasma as a source for biological medicine, and describes the factors limiting its transferability. The conclusion contains brief description of the legal status of the blood plasma.

scholarly journals Digital Currency and Novelties in the Criminal Code of the Russian Federation: Topical Issues

2021 ◽  
Vol 15 (2) ◽  
pp. 381-386
Author(s):  
IRINA S. MOCHALKINA
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Code ◽  
General Concept ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Digital Currency ◽  
The Russian Federation

Introduction: the article analyzes the concept and legal nature of digital currency and certainnoveltiesrelated to digital currency, which were put forward in the last few years so as to be introduced in the Criminal Code of the Russian Federation. Aims: to study and summarize legislative initiatives related to digital currency; to define the concept and essence of digital currency; to establish its place in the civil rights system; to analyze the possibility of recognizing digital currency as an object and (or) a means of committing crimes. Methods: historical, comparative-legal, empirical methods of description and interpretation; theoretical methods of formal and dialectical logic; legal-dogmatic method, and interpretation of legal norms. Results: having analyzed the development of Russian legislation regulating the legal status of new digital objects of economic relations we see that the features that make up the general concept of digital currency do not allow us to determine the range of objects that fit this legislative definition; moreover, these features do not allow us to define digital currency as an object of civil rights and identify which operations and transactions with it are legal. Due to the above, it is impossible to establish criminal liability for committing acts involving digital currency. Conclusions: we have revealed certain tendencies toward legalization of digital currency on the one hand, and prevention of its use for payment for goods and services, including the imposition of criminal-legal prohibitions, on the other hand. The concept of digital currency needs to be revised: its definition should not contain a reference to the operator and the nodes of the information system. The most correct solution seems to be the introduction of the concept of cryptocurrency to denote a decentralized means of expressing value; as for digital currency, it should be understood as centralized funds, for example the digital ruble. Digital currency must be recognized as an object of civil rights, being classified as other property. This will help to minimize the difficulties in recognizing it as a subject or means of crime and introduce socially determined prohibitions into the criminal law. Keywords: digital currency; digital rights; cryptocurrency; amendments to the Criminal Code of the Russian Federation; novelties in the Criminal Code of the Russian Federation; crimes against property; crimes in the field of economic activity; theft

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