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 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 Constitutional justice: on some amendments to legislation

2021 ◽  
Vol 15 (1) ◽  
pp. 64
Author(s):  
Nadezhda N. Tarusina
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
Legal Norms ◽  
The Public ◽  
European Court ◽  
Federal Constitutional ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
Public Character

The article analyzes the 2020 constitutional amendments on constitutional justice. Among them are provisions on the formation of the composition of the Constitutional Court of the Russian Federation, expanding its powers in terms of checking the compliance of the Constitution of the Russian Federation with draft laws, clarifying the competence on the issue of the possibility of executing decisions of interstate bodies (primarily the European Court of Human Rights), adjusting the institution of dissent judges of the Constitutional Court of the Russian Federation. Positive and critical considerations regarding the above constitutional amendments and the corresponding amendments to the federal constitutional law “On the Constitutional Court of the Russian Federation. In particular, concerns are expressed about ensuring the proper degree of democracy in the formation of the Court, guaranteeing its independence in cases where the provisions of a particular draft law have been previously assessed by him as complying with the norms of the Constitution of the Russian Federation, and subsequently he will have to consider complaints about the constitutionality of the same legal norms, the validity of the refusal of the public character of the dissenting opinion of the judges of the Constitutional Court of the Russian Federation.

scholarly journals Regulatory and legal means of ensuring food security and its role in the implementation of national priorities of the Russian Federation

2020 ◽  
Vol 210 ◽  
pp. 03008
Author(s):  
Nikolay Sarayev ◽  
Svetlana Studenikina
Keyword(s):  
Food Security ◽  
Russian Federation ◽  
The State ◽  
Systematic Analysis ◽  
State Management ◽  
Effective Implementation ◽  
Current State ◽  
Quantitative Characteristics ◽  
The Russian Federation ◽  
Qualitative And Quantitative Characteristics

The purpose of this work is to establish and determine, on the basis of a systematic analysis, the factors influencing the state of food security of the Russian Federation, the problems of legal support of national priorities related to food independence. Qualitative and quantitative characteristics of the current state of food security in the Russian Federation are closely related to the criteria for the development of the socio-economic system of the state. An important condition for the effective implementation of national priorities is the normative regulation of the toolkit of state management impact on the threats and risks of food independence. To understand the essence of these problems and minimize their consequences, the authors substantiate the need to study the indicated problem within the framework of the concept of legal dementia. Legal dementia is a state of compliance by subjects of law with the provisions of the law, which is characterized by non-fulfillment to one degree or another by state bodies not only of their functions, but also by the inability to respond, due to a low level of competence and professionalism, to factors that weaken the effectiveness of legal guarantees.

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

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.

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.

scholarly journals Constitutional amendments and revision of the Constitution of the Russian Federation: features of the 2020 procedure

2021 ◽  
Vol 15 (2) ◽  
pp. 232
Author(s):  
Sergey P. Kazankov
Keyword(s):  
Russian Federation ◽  
Additional Condition ◽  
Constitutional Amendment ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
The Russian Federation ◽  
The Law ◽  
The Moment ◽  
Critical Notes

The article discusses the issue of the procedure for changing the Constitution of the Russian Federation. Examples of norms of foreign constitutions are given, which constitutionalists recognize as rigid constitutions in the order of their amendment. The ways of changing the Constitution of the Russian Federation are considered: revision, adoption of amendments, amendment of Art. 65Identified problems such as the form of the amendment to the Constitution, the moment of entry into force of the amendment, the introduction by the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of 2020 a nationwide vote as an additional condition for the entry into force of the amendment, as well as additional powers of the Constitutional Court of the Russian Federation to verify compliance with Chapters 1, 2 and 9 of the Constitution of the Russian Federation of the provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation that have not entered into force, as well as the procedure for the entry into force of Art. 1 of the Amendment Act. The critical notes are offered. In particular, the author comes to the conclusion that the approval of the constitutional amendment by the parliaments of the constituent entities of the Russian Federation is not a moment, but a condition for its entry into force, therefore, the law on the amendment cannot introduce additional conditions for the entry into force of constitutional amendments, since this leads to a violation requirements of Art. 136 of the Constitution, which cannot be amended by the federal parliament in the manner prescribed by chapter 9 of the Constitution.

scholarly journals Legal and Technical Defects of Constitutional Amendments of 2020

2021 ◽  
Vol 16 (12) ◽  
pp. 24-34
Author(s):  
V. S. Goleshchikhin
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Amendments ◽  
Legal Norms ◽  
Basic Law ◽  
Long Time ◽  
The Russian Federation ◽  
Natural Result ◽  
Legal Technology

The quality of legal and technical elaboration of amendments to the Constitution of the Russian Federation, approved by the all-Russian vote on July 1, 2020, does not correspond to the level of the Basic Law. Oddly enough, the constitutional legislator ignored a number of basic technical means, rules and methods of legal technique. Thus, the constitutional amendments were drafted without taking into account the requirements of the structural organization of the legal act, namely: many new norms were included in inappropriate articles, the transitional provision on "resetting the deadlines" was duplicated in the main text of the Constitution. The authors of the amendments abandoned criteria of efficiency and compactness of legislative norms, having included an identical set of restrictions in nine articles of the Constitution in relation to various categories of officials. The text does not meet the requirement for uniformity of legal regulation, legal structures, the unity, simplicity and brevity of terminology: the scope of constitutional restrictions for various categories of officials differs somewhat without any objective reasons; there is no uniformity in the issue of the possibility of establishing additional requirements for officials by laws, “bifurcation” of the titles for senators (who in Chapter 9 of the Constitution are still referred to as members of the Federation Council). Insufficient attention to the requirement of consistency of legal norms has led to the creation of a new contradiction between Art. 71 and 72 of the Constitution of the Russian Federation. Amendments also have a number of other legal and technical defects. Such serious and numerous defects in the legal technique of amendments to the Constitution of the Russian Federation became a natural result of a steady decline in the quality of federal legislation that has lasted for a long time. Constitutional amendments clearly demonstrate an insufficient level of legal culture in our country, which sharply raises the question of a radical improvement in the quality of legal technology, and legislative technology in particular.

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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