On the issue of the optimal procedural form of judicial control over the observance of the right to freedom and personal integrity

2019 ◽  
pp. 372-384
Author(s):  
Nataliya Anatolevna Buraschnickova
Keyword(s):  
Russian Federation ◽  
Personal Integrity ◽  
Distinctive Features ◽  
Judicial Control ◽  
Administrative Procedure ◽  
The Russian Federation ◽  
Judicial Procedure ◽  
The Individual ◽  
Administrative Proceedings ◽  
The Right

The study is devoted to the analysis of the procedural form of consideration by the courts of the Russian Federation of administrative cases related to the implementation of judicial control over the observance of the right to freedom and personal inviolability. We give the main characteristics of material public legal relations, within which the state may exercise the statutory restriction of the right of the individual to freedom and inviolability. As a result of a study we come to a conclusion that the essence of these legal relations predetermines the necessity of functioning in the Russian Federation of preliminary judicial control over observance of the right to freedom and personal inviolability as the most effective guarantee of prevention of arbitrary and illegal restriction of this right. The nature of material legal relations and the nature of the law protected by the court indicate the need to consider such cases in the order of special administrative proceedings, the distinctive features of which are formulated by the author. The suggestions we give on amendments to the legislation on administrative judicial procedure aimed at the selection of cases on judicial review in cases of “special administrative procedure” with the establishment of the Code of administrative procedure of the Russian Federation the unified rules and regulations governing the handling all types of cases involving the exercise of judicial control over observance of the rights of citizens and organizations.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

scholarly journals Jurisdictional Control in the Sphere of Public Health Protection in the Russian Federation

2020 ◽  
Vol 13 (2) ◽  
pp. 123-152
Author(s):  
Sergey Victorovich Potapenko ◽  
Evgeniy Borisovich Luparev
Keyword(s):  
Public Health ◽  
Russian Federation ◽  
Active Form ◽  
Health Protection ◽  
Judicial Control ◽  
Administrative Practice ◽  
The Russian Federation ◽  
Jurisdictional Control ◽  
Judicial Procedure ◽  
Public Health Protection

The article is devoted to the issues of mandatory judicial control over acts of subjects endowed with state powers in the field of medical activity. In particular, we consider the judicial and administrative practice of resolving administrative legal disputes in connection with instituting administrative action in the field of public health protection. The current Code of Administrative Judicial Procedure (CAJP) of the Russian Federation combines the legal procedures previously included in separate regulatory acts for judicial control in the mandatory treatment of people suffering from mental illness, the active form of tuberculosis, as well as other diseases, the list of which remains open.

PECULIAR DETAILS OF FOREIGN CITIZENS STAYING ON THE TERRITORY OF THE RUSSIAN FEDERATION

2019 ◽  
pp. 121
Author(s):  
Alexandra Borimecicova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Migration Policy ◽  
Legal Analysis ◽  
Distinctive Features ◽  
Work Permit ◽  
Right To Work ◽  
The Status ◽  
The Russian Federation ◽  
The Right

The article considers the peculiarities of foreign citizens stay on the Russian Federation territory. The rights and freedoms of foreigners guaranteed by the Constitution of the Russian Federation and other laws are reviewed and examined. The article provides a comparative legal analysis of the status and rights of both the Russian Federation citizen and a foreign citizen residing in the territory of this state. Common and distinctive features of these two categories are specified. The matters of employment of foreign citizens and restrictions on the rights to participate in labor relations, which is due to the fact that non-citizens have the right to work only if they have a work permit, are also considered. In its turn, the component of migration policy is revealed, that is, the problem of expulsion and deportation of a foreign citizen from the Russian Federation is touched upon. Administrative expulsion and deportation of foreign citizens from the Russian Federation is a form of state activity that regulates relations with foreign citizens and is aimed to protect the State border.

scholarly journals Simulated Legal Phenomena in the System of Principles of the Administrative Process

2021 ◽  
Vol 18 (2) ◽  
pp. 175-191
Author(s):  
D. A. Kirillov
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Presumption Of Innocence ◽  
Legal Analysis ◽  
Negative Consequences ◽  
Administrative Process ◽  
The Russian Federation ◽  
The Individual ◽  
The Right ◽  
Principle Of Legality

With the inclusion of the category “simulation” in the Code of the Russian Federation on Administrative Offences an interest arose in studying “simulation” in the system of principles of the administrative process. The purpose of the study is to formulate general recommendations for neutralizing the negative consequences of manifestations of feign in the system of principles of the administrative process. The methodological basis of the research is materialistic dialectics and elements of conceptual analysis. The methods of analogy and generalization allow us to justify the use of the construction of “simulated legal phenomenon” for the study of the principles of the administrative process. The survey revealed obstacles to the implementation of certain aspects of the presumption of innocence. The comparative legal analysis allows us to establish the comparability of the volumes of state repression in the measures of administrative and criminal responsibility, a clearly negative assessment of simulation in administrative law compared to its neutral assessment in civil law, to identify a number of obstacles to the functioning of the principles of the administrative process. Other standard research methods are also used. The expediency of analyzing the simulation of the system of principles of the administrative process is justified; a simplified model of the system of principles of the administrative process is used for the analysis; from the standpoint of assessing legal simulation, the analysis of the principle of legality, the principle of procedural equality, the principle of guilt, the principle of presumption of innocence, as well as the principle of respect for the honor and dignity of the individual was carried out. In order to reduce the level of obvious simulation in the system of principles of the administrative process, in particular, it is recommended: in the doctrine of the administrative process to consider the principle of legality not as a reality, but as a goal; in the laws, replace the term “legality” with the term “lawfulness”; in the laws, the wording “the principle of equality before the law” and the like should be replaced with “the principle of equality of rights”; part 1 of Article 1.5 of the Code of the Russian Federation on Administrative Offences should be amended as follows: “a person is subject to administrative responsibility only for those socially harmful actions (acts of inaction) in respect of which his guilt is established”; part 3 of Article 1.5 of the Code of the Russian Federation on Administrative Offences after the words: “...is not obliged to prove his innocence” should be supplemented with the words “but has the right to disagree with all or part of the arguments confirming his guilt, or to refute them”. It is also recommended to amend the legislation in order to unify the approach to the differentiation of administrative offenses and crimes.

scholarly journals The Code of Administrative Proceedings of the Russian Federation: Five Years in Force

2020 ◽  
Vol 12 ◽  
pp. 43-46
Author(s):  
Rim O. Opalev ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Negative Attitude ◽  
Judicial Practice ◽  
The Supreme Court ◽  
History Of ◽  
Code Changes ◽  
The Russian Federation ◽  
Judicial Procedure ◽  
Administrative Proceedings

The paper is dedicated to the history of the Code of administrative judicial procedure of the Russian Federation and to main characteristics of this Code. The author deals with reasons of negative attitude to enacting of the Code, changes in this field as well as the efforts of the Supreme Court of the Russian Federation towards development of the Code and relevant judicial practice. The author makes attempt to emphasize the most significant characteristics of modern administrative justice reflected in the Code of administrative judicial procedure of the Russian Federation and to describe them briefly. The author’s conclusion relies on author’s previous comparative research works and analytic of the Supreme Court of the Russian Federation. The author also draw attention to some perspectives of development of the Code.

On the issue of understanding administrative proceedings

2020 ◽  
pp. 135-140
Author(s):  
Valentin Nazarov ◽  
Tat’yana Akimova
Keyword(s):  
Russian Federation ◽  
Practical Implementation ◽  
Public Interests ◽  
Legal Norms ◽  
Legal Proceedings ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Judicial Procedure ◽  
Administrative Proceedings

We point out some trends observed in the development of Russian justice. We note the features of the historical development of the state that have influenced the legislative consolidation of administrative legal proceedings. Exploring the main approaches to the definition of administrative legal proceedings, we conditionally combine them into three large groups and characterize each of them. The various positions of legal scholars on the legal nature of administrative legal proceedings are illustrated. It is indicated that with the adoption of the Code of Administrative Judicial Procedure, there was a separation of administrative proceedings from other types, the result of which is the creation of administrative and legal means to ensure and protect public interests as well as the practical implementation of constitutional legal norms on administrative legal proceedings. We specify that the independent nature of administrative legal proceedings is determined by the specifics of this process. The features characteristic for this type of legal proceedings are analyzed. We express an opinion on the need for a more clear and unambiguous formulation of the subject of regulation of the Code of Administrative Judicial Procedure of the Russian Federation and its normative consolidation. Despite the fact that more than four years have passed since the adoption of the Code, the controversy surrounding the subject of regulation of the Code of Administrative Judicial Procedure of the Russian Federation continues to this day. In addition, we reveal the most important results of the adoption of the Code of Administrative Judicial Procedure.

scholarly journals Austrian and Russian constitutionalism: comprehensive analysis

2021 ◽  
Vol 10 (41) ◽  
pp. 121-130
Author(s):  
Alexander A. Gogin ◽  
Anna N. Fedorova ◽  
Ramil F. Vagapov ◽  
Alexey V. Sergeev
Keyword(s):  
Russian Federation ◽  
Comprehensive Analysis ◽  
Distinctive Features ◽  
Federal States ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
The Republic ◽  
The Individual ◽  
Comparison Technique

The article deals with some issues that characterize the Basic Laws of the Republic of Austria and the Russian Federation. When choosing the leading research method, the authors of this article were guided by the fundamental dialectical means of cognition, which is the ascent from the individual to the general. The comparison technique used in this case is based on a consistent understanding and analysis of similar conditions, rules and requirements for the Republic of Austria and the Russian Federation. The applied historical and legal method made it possible to consider various historical events in motion, development, and in connection with modernity. The methods of analysis and synthesis are widely used in the work. As the main results of the study, we note the generalization of the most significant distinctive features that are the foundation of the Basic Laws of both federal states.

scholarly journals Appealing against Decisions on Reimbursement of Procedural Costs Made in accordance with Part 3 of Art. 131 of the Criminal Procedure Code of the Russian Federation

2021 ◽  
Vol 16 (11) ◽  
pp. 155-166
Author(s):  
S. R. Zelenin
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
The Body ◽  
Constitutional Court ◽  
Judicial Practice ◽  
Procedural Costs ◽  
The Russian Federation ◽  
The One ◽  
Judicial Procedure ◽  
The Right

The legality and validity of the decisions of the investigator, inquirer and the prosecutor on the payment  of the amounts related to procedural costs remain problematic due to the absence in the law of a mechanism  ensuring the judicial procedure for their appeal.  In order to fill this gap, the author studies the possibilities of introducing a procedure similar to the one enshrined  in Art. 125 of the Code of Criminal Procedure of the Russian Federation. The paper analyzes the positions of the  Resolution of the Constitutional Court of the Russian Federation No. 18-P dated May 13, 2021. It concerns the  victims’ appeal against the decisions of the investigator and the head of the investigative body regarding the  reimbursement of expenses for a representative. Some examples of judicial practice for resolving other disputes  related to the reimbursement of procedural costs are also analyzed.  It is concluded that the right of a person claiming to receive the amounts provided for in Part 2 of Art. 131 of the  Code of Criminal Procedure of the Russian Federation against a judicial appeal made at his request is universal  and does not depend either on his status in a criminal case, or on the type of the indicated amounts, or on the  body or official that made the contested decision.  Taking into account the practice of applying other norms on appealing against decisions of the investigating  bodies, it was proposed to introduce Art. 125.2. The author formulate its content given the characteristics of the  participants in the proceedings and the powers of the court to resolve the complaint.

On the issue of the right to provide legal assistance

2017 ◽  
Author(s):  
Лев Бардин ◽  
Lev Bardin
Keyword(s):  
Russian Federation ◽  
Limited Liability ◽  
Good Alternative ◽  
Constitutional Court ◽  
Legal Assistance ◽  
The Status ◽  
The Russian Federation ◽  
The Law ◽  
Administrative Proceedings ◽  
The Right

The law establishes that representatives in the courts can be both lawyers and other persons providing legal assistance, as well as legal representatives. The Constitutional Court in its Resolution No. 15-P of 16.07.2004 indicated that representatives of legal entities in arbitration proceedings can be any person. But in accordance with Item II (A) (a) of the List of Specific Obligations of the Russian Federation for Services Included in Annex I to the Protocol of 16 December 2011 "On the Accession of the Russian Federation to the Marrakesh Agreement on the establishing of the WTO", only those who received the status Lawyer in accordance with Russian law, has the right to represent in criminal courts and Russian arbitration courts, as well as act as a representative of organizations in civil and administrative proceedings and proceedings on cases of administrative violations. Appropriate legislative changes are needed. The law states that the use of the terms "advocacy", "lawyer", "lawyer's chamber", "lawyer’s entity" in the names of organizations is allowed only by lawyers. Every year, Russia's tax inspections register dozens of organizations set up by non-layers, illegally including the above terms in their names. The law should provide not only prohibitions, but also sanctions for violation of these prohibitions. Collegiums of advocates often include the phrase "partners" in their names. But lawyers - members of the board are not partners and do not sign partnership agreements. Partners can not be among the governing bodies of the collegium . The application by collegiums of lawyers of the rules provided for non-commercial partnerships by the Federal Law "On Non-Profit Organizations" in the part of partners is illegal. Only lawyers can establish a lawyer’s bureau and conclude a partnership agreement. But in practice in lawyer’s bureau, persons who do not have the status of a lawyer become partners. In other countries, in associating lawyers limited liability partnerships, along with partners, there are "associates". The introduction of such "associates" in our lawyer’s bureau will be a good alternative to attempts to include commercial organizations in the composition of lawyer entities.

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