The concept of the ideal form of the Russian state: problems and prospects

Author(s):  
Angelina V. Lapaeva

We present the search for an optimal model of the Russian state through the prism of idealism. We doctrinally justify that the ideal form of the state is a construction that can be created theoretically and that can be approached, as it is gradually developed. In the modern sense, the ideal of state is already expressed in the Constitution of the Russian Federation – it is a democratic, legal, social state. We establish that the political and legal reform carried out in Russia has shown that the effectiveness of the country’s development depends on the importance of constitutional norms, the renewed role of the state, and the assertion and protection of human and civil rights and freedoms. We propose arguments indicating that modern Russia can be con-sidered a mixed (parliamentary-presidential) republic, an asymmetric and constitutional federation with a national-territorial character and democratic political regime. We investigate two main approaches to the definition of the ideal form of the state in modern Russia: firstly, a limited monarchy, a fed-eration with democracy elements (based on the historical and cultural fea-tures of the development of the state), and secondly, the existing and pro-claimed form of the state in the Constitution of the Russian Federation is considered, with an amendment to the challenges of the time. We conclude that the modern development of Russia, taking into account international standards, should move in the direction of the ideals already proclaimed in the Constitution of the Russian Federation with a mandatory focus on cul-tural, traditional and historical features of development.

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


2020 ◽  
Vol 12 ◽  
pp. 65-68
Author(s):  
Saida A. Saybulaeva ◽  

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.


Author(s):  
T. I. Otcheskaya

The article is devoted to topical issues of protection of human and civil rights and freedoms by an important state body — the prosecutor’s offi ce in two states — the Russian Federation and the People’s Republic of China. The author investigated the issue of the formation of prosecutorial supervision in the European space in the mechanism of statehood on the example of the Russian Federation and in the Asian space on the example of the People’s Republic of China.At the same time, the approaches of the two states to the protection of human rights at the constitutional level, which are regulated by the Constitution of the PRC and the Constitution of the Russian Federation, have been studied. The achievements of the Russian prosecutor’s offi ce in protecting human and civil rights and freedoms, which are the responsibility of the state, including on issues of observance of the labor rights of citizens, the right of citizens to protect life and health, are consecrated.The state program of action in the fi eld of human rights adopted by the State Council of the People’s Republic of China has also been studied in detail. Achievements in the social sphere are shown, which are provided not only by the state, but also by the prosecutor’s offi ce. The approaches of legal science in the two states are consecrated not only in the regulation of human and civil rights and freedoms, but also in their provision.Based on the material studied, the author concluded that it is possible to use the positive experience of Russia and China, mutually in both states, in order to ensure the protection of human and civil rights and freedoms in each of them.


Author(s):  
Irina A. Trushina

The Annual Meeting of the Heads of Federal and Central Regional Libraries of Russia was held on November 11—12, 2020 in the online format. The event was organized by the Ministry of Culture of the Russian Federation, the Russian National Library and the Russian State Library. The main goal of the meeting is to ensure participation of the heads of federal and central regional libraries in the formation and implementation of the state library policy. The topic of the 2020 Meeting is “The Library Profession and Scientific and Educational Work of Libraries”. The scientific content of the meeting was basically determined by the “Strategy for the development of librarianship in the Russian Federation for the period up to 2030”, the draft development of which has been already completed as a whole, but requires the deployment of large-scale research work to form the unified system for monitoring the activities of libraries in the country.The meeting focused on the following issues: organization of scientific research work in libraries; training of professional staff; modernization of librarianship and the role of information technologies in the modern development of libraries and digitalization. The relevance of these topics was proved in the discourse on the development of higher and further professional education in the library sector, improvement of availability of information in the modern conditions. During the sessions, there were summed up the results of the 7th All-Russian competition “Library Analytics” among the central libraries of the subjects of the Russian Federation, the 8th All-Russian competition “The Best Professional Book of the Year” and the 7th All-Russian library review competition for the best electronic publication on culture and art.


Author(s):  
Aleksandr Podmarev

The 1993 Constitution of the Russian Federation as one of the principles of the legal status of an individual establishes the possibility of restricting human and civil rights and freedoms, while also providing for the necessary conditions for imposing such restrictions (the existence of a constitutional goal of restriction; setting restrictions only by federal law; proportionality; compliance with international standards of restrictions; prohibition restrictions on rights based on social, racial, national, linguistic or religious affiliation). The need for the existence of restrictions on the rights and freedoms of the individual is due to various reasons: the protection of the foundations of the constitutional order, the rights and freedoms of other persons, and the interests of the state. However, certain human rights and freedoms cannot be restricted under any circumstances; this so-called absolute rights and freedoms. But neither national legislation nor international law contain a precisely defined list of absolute rights and freedoms. The aim of the article is to identify in the Constitution of the Russian Federation of 1993 and in international acts unrestricted (absolute) rights and freedoms of a person and citizen. The relevance of the research topic for the Russian constitutional legal science is due to the fact that certainty in the understanding of the list of unrestricted rights and freedoms is necessary for the improvement of lawmaking and law enforcement activities. The article examines the provisions of the Constitution of Russia, the main international legal acts on human rights, the legal positions of the Constitutional Court of the Russian Federation.


2021 ◽  
Vol 9 (3) ◽  
pp. 81-85
Author(s):  
Aleksandr Kodincev

The article reveals the process of formation and functioning of structural divisions of project management bodies in the federal authorities of the Russian Federation. In the 2010s, experiments were carried out to introduce project management technologies in individual ministries and regions. Project management standards have been developed. Since 2014, a series of regulations has been adopted that introduced project management into the system of government bodies. The new system, borrowed from developed countries, takes root with great difficulty. Since 2016, the development of project management has moved into the campaign stage. The leadership of the Russian state attaches great importance to the introduction of modern management technologies in the state system, including Project management. Therefore, despite the periodic slowdown of the campaign, the implementation of project management methods in the state administration continues.


2021 ◽  
Vol 106 ◽  
pp. 02002
Author(s):  
Alexey Telnov

The subject of the study of this article is public relations associated with the dissemination of untrue, defamatory information (defamation) with respect to the Russian state, concerning various spheres of its activities, as well as the relevant norms of Russian civil law, the norms of international law governing non-material goods, personal non-property rights of the Russian Federation, as an independent participant of civil legal relations, the provisions of the legal doctrine and judicial practice concerning the relevant objects of civil rights (reputation, business reputation).


Author(s):  
Volodymyr Nikiforenko

The border issue has become particularly urgent for Ukraine since 2014 with the beginning of military aggression by the Russian Federation, the illegal annexation of the Autonomous Republic of Crimea and the city of Sebastopol, as well as the temporary occupation of the part of Ukraine's sovereign territory in the Donetsk and Luhansk regions. The problem of the legal formalization of the Ukrainian-Russian state border requires closer examination in the context of complex relations between two states. This article seeks to analyze the current situation of legal formalization of the Ukrainian state border with neigh bouring countries and highlights the main threats to Ukraine's national security arising from the incomplete process of formalizing the Ukrainian state border with the Russian Federation. It was revealed that the incomplete process of legal formalization of the state border threatened to lose the state part of sovereignty, territorial integrity in sovereign territory. It is concluded that there is a potential threat of escalation of border conflicts and military clashes in Ukraine's border regions, as well as at Ukraine's borders, and the spread of extremist, terrorist, and separatist demonstrations on Ukraine's state border.


Author(s):  
Olesya L. Kazantseva

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.


Author(s):  
Александр Михайлович Смирнов

В статье актуализируется вопрос отсутствия в российском уголовно-исполнительном законодательстве главной обязанности осужденных - исправиться. Включение в Уголовно-исполнительный кодекс Российской Федерации данной обязанности обусловлено гуманным отношением государства к лицу, причинившему существенный вред человеку, обществу и государству, цивилизованными условиями отбывания наказания, соответствующими международным стандартам, теми огромными затратами, которые тратит государство на содержание осужденных и в целом на функционирование уголовно-исполнительной системы. Отсутствие у осужденных обязанности исправиться лишает весь процесс отбывания наказания какого-либо смысла, превращая исправительный процесс в юридическую фикцию. Нормативная регламентация обязанности осужденных исправиться имеет важное значение для эффективного достижения целей уголовного наказания и уголовно-исполнительного законодательства, определяет фундаментальную основу развития уголовно-исполнительной политики. Только такая мера будет способствовать стимулированию осужденных к реальному исправлению и, как следствие, снижению повторной и рецидивной преступности в стране. В силу этого считаем необходимым включить обязанность исправиться в перечень обязанностей осужденных, предусмотренных ст. 11 Уголовно-исполнительного кодекса Российской Федерации, нормативно регламентировать перечень критериев исправления осужденных, а исправление осужденного предусмотреть в качестве основания для его освобождения не только в случае условно-досрочного освобождения. Срок наказания должен быть динамичной категорией. Если он может сокращаться в случае предоставления осужденному условно-досрочного освобождения, то исходя из здравого смысла он должен и продлеваться в силу того, что осужденный не исправился. Именно поэтому невыполнение осужденным рассматриваемой обязанности исправиться, то есть его не исправление, должно стать условием продления судом срока назначенного ему наказания, поскольку цель исправления еще не достигнута. The article actualizes the issue of the absence of the main duty of convicts in the Russian penal legislation to reform. The inclusion of this obligation in the Criminal Executive Code of the Russian Federation is due to the humane attitude of the state towards the person who caused significant harm to a person, society and the state, civilized conditions for serving sentences, consistent with international standards, the enormous costs that the state spends on the maintenance of convicts and on the whole functioning penal system. The absence of the duty of the convicts to reform deprives the whole process of serving a sentence of any meaning, turning the correctional process into a legal fiction. The normative regulation of the duty of convicts to reform is important for the effective achievement of the goals of criminal punishment and penal legislation; it defines the fundamental basis for the development of penal policy. Only such a measure will help stimulate convicts to real correction and, as a result, reduce repeated and recidivism in the country. By virtue of this, we consider it necessary to include the obligation to improve in the list of duties of convicted persons provided for in 11 of the Penal Code of the Russian Federation, to regulate normatively the list of criteria for the correction of convicted persons, and to provide for the correction of the convicted person as a basis for his release, not only in the case of conditional release. The sentence should be a dynamic category. If it can be reduced if the convicted person is given parole, then on the basis of common sense, he should be extended because the convicted person has not recovered. That is why the failure of the convicted person to fulfill the duty to reform, i.e. its not correction, should become a condition for the extension of the term of punishment assigned to it by the court, since the purpose of correction has not yet been achieved.


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