scholarly journals On the Relevant Problems of the Constitutional Liability of Supreme Government Authorities and Officials in View of the Introduced Amendments to the Constitution of the Russian Federation

2021 ◽  
Vol 3 ◽  
pp. 36-39
Author(s):  
Anna V. Akchurina ◽  
Keyword(s):  
Russian Federation ◽  
State Power ◽  
Point Of View ◽  
Legal Responsibility ◽  
Checks And Balances ◽  
Building Relationships ◽  
Legal Sanctions ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation

The article is devoted to the analysis of the amendments made to the Constitution of the Russian Federation from the point of view of their influence on the development of the institution of constitutional legal responsibility, the issues of constitutional consolidation of certain measures of state coercion, the emergence of new forms of implementation of constitutional and legal responsibility and possible problems of their application are examined. The aspects of the preservation of incomplete regulation of the key provisions of the grounds for the application of constitutional and legal sanctions affecting the functioning of the system of checks and balances are touched upon. At the same time, theses were put forward on the importance of the constitutional consolidation of the responsibility of judges of higher courts, the expansion of the subject and institutional composition of participants in the implementation of measures of constitutional and legal responsibility of the highest bodies of state power of the Russian Federation, the inherent tendencies towards the expansion of this legal institution and the degree of enrichment of the substantive value of the introduced innovations. The selected vectors for building state power, building relationships between them and measures of mutual responsibility, laid down by the amendments to the Constitution of the Russian Federation, are proposed for understanding.

scholarly journals About some questions of dissolution of legislative bodies of subjects of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 106-113
Author(s):  
Людмила Тхабисимова ◽  
Ludmila Thabisimova ◽  
Эльман Ахъядов ◽  
Elman Akhyadov
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
State Power ◽  
The Body ◽  
Early Termination ◽  
Legal Responsibility ◽  
Legislative Body ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article examines the issues of dissolution of the legislative body of the subject of the Federation. Attention is drawn to the fact that the institution of dissolution is an institution of constitutional law, and when the legislative body is dissolved, it is not responsible to the body or official who decided to dissolve it, but to the population, its voters. On the basis of the study it is concluded that it is necessary to Supplement the list of grounds for early termination of the powers of the regional Parliament, as a measure of constitutional and legal responsibility, by including such grounds as the loss of voter confidence. The question of the need to empower the population of the subject of the Russian Federation with the right to decide in a referendum on the dissolution of the legislative (representative) body of state power of the subject of the Russian Federation.

scholarly journals Constitutional-Legal and Political Responsibility of Political Parties in the Russian Federation to Electors

2020 ◽  
Vol 37 (64) ◽  
pp. 62-72
Author(s):  
Alla N. Gutorova ◽  
Sergey D. Andreev ◽  
Tatyana I. Arutyunyan ◽  
Vladimir V. Korovin ◽  
Vlalimir A. Troyan
Keyword(s):  
Political Parties ◽  
Russian Federation ◽  
Practical Interest ◽  
Legal Responsibility ◽  
Elected Officials ◽  
Political Responsibility ◽  
Government Institutions ◽  
Legal Sanctions ◽  
The Subject ◽  
The Russian Federation

The processes of development of government institutions in the Russian Federation have required the introduction of new mechanisms of legal responsibility of subjects of power relations in legislation. In recent times, the most significant practical interest is the problem of the early termination of the exercise of power of elected officials in legislative positions. The objective of the article is therefore to analyze the legal and political responsibility of the officials of the democratically elected state before their voters. In the process on the subject of the study, the formal-legal and comparative-legal methods were used, which allowed to formulate the following conclusions. The subjects of the above responsibility may be elected officials of the legislative (representative) bodies of state power. The constitutional status of elected persons exercising public authority on behalf of individuals suggests the possibility of terminating their powers as sanctions only on the basis of the rules of law enshrined in the relevant acts and establishing clear reasons and procedures for liability. The current legislation of the Russian Federation provides for various types of constitutional and legal sanctions. They consist of depriving elected officials of their powers.

scholarly journals FORMS OF ENVIRONMENTAL RIGHT PROTECTION

2020 ◽  
Vol 36 (4) ◽  
pp. 106-112
Author(s):  
N.Sh. Gadzhialieva ◽  
Keyword(s):  
Russian Federation ◽  
Broad Sense ◽  
Organic Unity ◽  
Healthy Environment ◽  
Judicial Practice ◽  
Favorable Environment ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation ◽  
The Right

The article analyzes various forms of protecting the right to a favorable environment, examines the concept of a form of protecting rights as a legal category. Based on the analysis of regulatory and scientific sources, the author has classified the forms of protection of the right to a favorable environment provided for in the law. Depending on the endowment of the subject carrying out the defense with the authority to use state coercion, the author identifies two large independent forms of protection: state and non-state. The author notes the legal uncertainty regarding the content of the right to a healthy environment, which complicates its protection. The positions of scientists who consider the right to a favorable environment in a narrow and broad sense are analyzed. Attention is drawn to the fact that the mechanism for protecting the right and the content of the right to a favorable environment are in organic unity and thus in the aggregate affect the formation of forms and methods of protecting the right to a favorable environment by a person. In conclusion, the author formulates the conclusions of the study, relying not only on the current legislation of the Russian Federation, but also on the established judicial practice, as well as on the scientific dogmas of Russian scientists in the field under study.

FUNDAMENTALS OF THE THEORY OF PRE-CONTRACTUAL LIABILITY

2021 ◽  
pp. 148-161
Author(s):  
Alesya V. Demkina ◽  
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Negotiation Process ◽  
Point Of View ◽  
Good Faith ◽  
The Other ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Special Rules

The article deals with the relatively new rules of Art. 434.1 the Civil Code of the Russian Federation on the conduct of negotiations. Taking into account the current wording of the said rule and the experience of foreign legislation on pre-contractual liability, the article argues for different theories justifying the nature of pre-contractual legal relations and liability and gives different positions of the authors on this issue. Proceeding from the doctrinal concept of obligation and characteristics of pre-contractual relations themselves the conclusion is made that these relations, firstly, are regulated by law and, secondly, they are not simply a legal relation but an obligation. It is based on certain actions of the negotiating partners that give rise to such an obliga-tion. As such, any action that is sufficiently certain (in some cases it may be required by law) and expresses the intention of the person to regard himself as negotiating with the addressee, who will in return perform the same sufficiently certain action, can be regarded as such. The specified characteristics of an action allow us to conclude that, from the point of view of classification of legal facts, this action is an act (because it is performed with a certain in-tention evident to other participants of civil turnover) and, moreover, it is also a transaction. Special rules of the Civil Code of the Russian Federation stipulate that the actions performed to enter into negotiations (for example, if the conclusion of a contract is binding on one party) or the actions of both partners entail legal consequences - the obligation to negotiate in good faith. The analysis of these legal relationships identifies three stages in their development, charac-terises them and attempts to answer more precisely the question of who can be a participant in the negotiation process depending on the stage of the negotiation process. The subject matter of an obligation arising during pre-contractual contacts will be actions aimed at negotiating and concluding a contract. The content of the obligation arising in the course of pre-contractual contacts, based on Art. 434.1 of the Civil Code will be the obligation to negotiate in good faith (paragraph 2 of the above rule). Assuming that the legislator provides an indicative list of actions that should fall within the scope of bad faith conduct, an indicative list of the "standard" of good faith conduct at the negotiation stage is given. This includes the obligation to provide full and truthful information to a party, including the reporting of circumstances that, due to the nature of the contract, must be brought to the attention of the other party (e.g. in a sale, all encumbrances on the subject of the contract must be reported). In addition, persons are obliged to negotiate only if they intend to conclude a contract, not to terminate negotiations suddenly and unjustifiably, and to take into account the rights and legitimate interests of the other party to the negotiation. The obligation under this obligation may also include a requirement not to disclose infor-mation obtained during the negotiation of the contract.

scholarly journals Grounds and Subjects of Temporary Performance of Duties of the President of the Russian Federation

2020 ◽  
Vol 12 ◽  
pp. 17-21
Author(s):  
Vadim S. Goleschikhin ◽  
Keyword(s):  
Russian Federation ◽  
State Power ◽  
Leading Role ◽  
Head Of State ◽  
The Subject ◽  
The Russian Federation ◽  
The Government

The Constitution of the Russian Federation assigns to the President a leading role in the system of higher federal bodies of state power, which requires clear grounds and precise procedure for temporary exercise of presidential powers. The Constitution assigns the Chairman of the Government of the Russian Federation as the subject authorized to temporarily replace the President in all cases when he is unable to fulfill his duties. At the same time, the constitutional norms do not regulate the situation when the duties of the President cannot be performed either by himself or the Chairman of the Government. The article discusses the issues of subjects that in the above case are authorized to legitimately assume the temporary exercise of powers of the head of state, and concludes that it is necessary to improve the norms of the Constitution of the Russian Federation in terms of expanding the list of subjects for temporary exercise of duties of the President and introducing constitutional control over the transfer of presidential powers, and to improve the legislation norms and their implementation practice in terms of regulating the procedure for the temporary fulfillment of duties of the Chairman of the Government of the Russian Federation.

scholarly journals Statutory Bases for the Regulation of Non-State Control in Constituent Entities of the Russian Federation (on the Example of Moscow and Saint Petersburg)

2020 ◽  
Vol 11 ◽  
pp. 7-10
Author(s):  
Artem Yu. Kiryanov ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
State Control ◽  
Saint Petersburg ◽  
The Subject ◽  
The Russian Federation

In this article, the author examines the provisions of the charters of Moscow and St. Petersburg from the point of view of securing in them bases for the development and regulation of non-state control. The provisions of the statutory acts of selected cities of federal significance are analyzed and compared, formulated the author’s vision of the problem aspects in relation to the subject of the research.

scholarly journals Separation of powers as a principle of organization and activities of executive authorities in the Russian Federation

2021 ◽  
Vol 7 (2) ◽  
pp. 510-518
Author(s):  
Vitaly Viktorovich Goncharov ◽  
Iurii S. Shpinev ◽  
Diana I. Stepanova ◽  
Oleg N. Malinovsky ◽  
Sergey A. Balashenko ◽  
...  
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
State Power ◽  
Executive Branch ◽  
Checks And Balances ◽  
Important Principle ◽  
The Russian Federation ◽  
Constitutional Analysis

This article is devoted to constitutional analysis of the most important principle of organization and activity of executive authorities in the Russian Federation - separation of powers.  The authors developed and justified the concept of an expanded understanding of the principle of separation of powers, with its reduction not only to the functional separation of state power between various levels of government (including within the executive branch), but with the development of a mechanism of checks and balances and the need to change the constitutional balance of priorities of the branches of government. 

scholarly journals TAX CONTROL: FOREIGN AND RUSSIAN EXPERIENCE IN COUNTERING TAX EVASION

2021 ◽  
Vol 2 (196) ◽  
pp. 9-16
Author(s):  
V.N. Konovalov ◽  
Keyword(s):  
Russian Federation ◽  
Tax Evasion ◽  
Shadow Economy ◽  
Full Range ◽  
Digital Technologies ◽  
Point Of View ◽  
Tax Administration ◽  
Tax Burden ◽  
The Subject ◽  
The Russian Federation

In order for tax administration to be fully effective, the Federal Tax Service of Russia should pay attention to improving the methods and forms of tax control, which is currently one of the primary tasks. The subject of this study is the problem of tax evasion. The article studies the experience of Russia and other countries in the fighting against intentional tax evasion. Information is given about the currently observed scales of the shadow economy abroad. In addition, the factors that affect the volumes of this indicator are identified. Among them: the level of economic and social development of a particular country, the degree of the tax burden of payers, as well as the level of the tax culture formed in society. It is necessary that someone would take measures to combat tax evasion of taxpayers whose activities are characterized by high tax risks. The article studies the measures that the tax authorities of the Russian Federation use to identify cases of evasion and counteraction to such situations. The structure of tax audits is considered from the point of view of the key instruments of tax control in the Russian Federation. In order for all stages of tax administration to be implemented most effectively, it is necessary to organize a full range of actions to improve the level of tax culture of actual and potential payers, regulate the tax burden on the population, and coordinate the activities of all state structures related to tax control. Additional attention should be paid to the introduction of innovative digital technologies in the process of tax administration.

scholarly journals The Features of the Content and Subject Composition of Settlement Agreements in Cases of Invalidity of Transactions

2020 ◽  
Vol 17 (3) ◽  
pp. 310-319
Author(s):  
Valeriya Goncharova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Point Of View ◽  
Relevant Category ◽  
Settlement Agreements ◽  
The Subject ◽  
The Russian Federation

Settlement agreements in civil and arbitration proceedings are one of the most convenient and effective ways to resolve disputes arising between participants in civil legal relations. At the same time, within the framework of some civil disputes, the content of settlement agreements has significant specificity, and sometimes – due to the peculiarities of the subject composition and the merits of the case – they cannot be applied at all for the purpose of reconciling the parties. An example of such disputes are cases related to the recognition of the transaction as invalid and the application of the consequences of the invalidity of the transaction, the legal regulation of which is unique. The economic reasons for the invalidity of transactions predetermine the peculiarities of the content of settlement agreements in the relevant category of cases, limiting it exclusively to the procedure for fulfilling restorative obligations and obligations to compensate for losses. This circumstance is due to the fact that, from the point of view of the dynamics of civil legal relations, an invalid transaction introduces uncertainty in the ownership of property and the distribution of rights and obligations of the participants in legal relations, which can be eliminated only by restoring the situation that existed before the conclusion and execution of the transaction with a defect. The current civil law regulation in this part (Article 4311 of the Civil Code of the Russian Federation), which allows the conclusion of analogues of amicable agreements in cases of invalidity of transactions involving other, in addition to restitution, the consequences of the invalidity of transactions, in this regard, cannot be recognized as satisfactory. Contestation of the transaction by “another person specified in the law” (Article 166 of the Civil Code of the Russian Federation), as well as in the interests of third parties by specially authorized entities (procedural plaintiffs), the possibility of participation in a completed and executed transaction of public law entities determine the raising of questions about the possibility of concluding amicable agreements by these entities. It is noted that these subjects, as follows from the analysis of domestic civil, civil procedural, administrative and family legislation, being interested in resolving the case on recognizing the transaction as invalid and on the application of the consequences of its invalidity, do not participate in its execution, and therefore cannot determine the procedure for the fulfillment of obligations arising from it.

scholarly journals Suspension of executive acts in the constituent entities of the Russian Federation as a state coercion measure

2021 ◽  
pp. 197-206
Author(s):  
D. I. Zaycev
Keyword(s):  
Russian Federation ◽  
Legal Certainty ◽  
Public Enforcement ◽  
The Public ◽  
Head Of State ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation ◽  
Reported Data ◽  
Executive Body

The article contains analysis of one of the least studied public enforcement measures which is suspension of acts of the higher official (the head of the highest executive body of the state power), executive bodies of the Russian Federation constituent entities.The author focuses on the presidential decision to enact the public enforcement measure that is considered in the presented article, in particular, the form of the legal act of governance which implements that presidential decision, the wording of the name and the content of such a legal act is under review. It is shown that neither legislative regulation nor enforcement practice is perfect when it comes to the sphere of federal relations.Furthermore, the presented article addresses such issues as normativity and legal certainty of decrees and orders of the Head of State which implement the presidential decision to suspend the act of the executive body of the Russian Federation constituent entities.The historical and legal part of the subject of study is presented by statistical data that makes some corrections to the usually reported data considering the number of legal presidential acts that were mentioned.

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