scholarly journals REFORM OF CHAPTER 7 OF THE RUSSIAN CONSTITUTION IN 2014 AND 2020

2021 ◽  
Vol 38 (2) ◽  
pp. 30-33
Author(s):  
M. A. Vlasova ◽  
Keyword(s):  
Russian Federation ◽  
Attorney General ◽  
Judicial Power ◽  
Constitutional Reforms ◽  
Russian Constitution ◽  
The Russian Federation

Constitutional reforms of 2014 and 2020 into Chapter 7 of the Russian Constitution are analyzed was called "Judicial Power" until 2014. The merit of the professor, the Attorney General of the Russian Federation A.I. Kazannik is noted in preserving the institute of the prosecutor's office in Russia.

scholarly journals Russia’s Constitutional Reforms of 2020

2020 ◽  
Vol 5 (3) ◽  
pp. 301-328 ◽  
Author(s):  
Elizabeth Teague
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
International Institutions ◽  
Constitutional Reforms ◽  
Russian Constitution ◽  
Russian President ◽  
Lame Duck ◽  
The Russian Federation

Abstract In January 2020, Russian President Putin proposed a number of potentially very significant amendments to the constitution of the Russian Federation. In March 2020, these were formally approved by parliament and signed by the president. In a nationwide vote held on 25 June – 1 July, just under 78 percent of those who voted did so in favour of the amendments, 21 percent voted against, while turnout was just under 68 percent. The amendments, which entered into force on 4 July, strengthened the powers of the Russian president, increased the powers of the center over regional and local governments, and reduced the independence of the courts. They asserted that the Russian constitution should take precedence over decisions reached by international institutions. Not least, they opened the possibility for Putin to remain in office following the expiry of his current presidential term in 2024. To be more precise, they enabled Putin to avoid becoming a lame duck and to keep the elite in suspense over what he would eventually decide to do in 2024. They also provided him with security should he decide to leave office.

scholarly journals The Mystery of Chapter 7 of the Constitution of the Russian Federation or Who Saved the Russian Prosecutor’s Office from Liquidation in 1993

2020 ◽  
Vol 10 ◽  
pp. 61-64
Author(s):  
Maria A. Vlasova ◽  
Keyword(s):  
Russian Federation ◽  
Judicial Power ◽  
Educational Literature ◽  
Russian Constitution ◽  
The Russian Federation

Until 2014, Chapter 7 of the Russian Constitution was called “Judicial Power”, and it lacked the word “prosecutor’s office”, which caused a lot of bewilderment in the scientific and educational literature and turned the content of Chapter 7 into a kind of mystery, about which various hypotheses have been expressed. The article reveals the role of A.I. Kazannik in preserving the Russian prosecutor’s office.

scholarly journals The Constitutional Reform in Russia: Relevancy, Implementation, Prospects. Part 2. Amendments to the Constitution: Unsolved and New Issues and the Further Reformation Vector

2020 ◽  
Vol 12 ◽  
pp. 3-8
Author(s):  
Oleg Yu. Boldyrev ◽  
Keyword(s):  
Russian Federation ◽  
Constitutional Reform ◽  
Constitutional Reforms ◽  
The Russian Federation ◽  
The Law

The seriousness of the flaws in the 1993 Constitution of Russian Federation is a weighty argument in favor of its reform. However, it is important to answer the question whether the constitutional reform eliminated the main defects of the existing Constitution. The article shows that the Law on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ does not provide solutions to the most pressing problems, including those that justified its adoption, and, in addition, creates new problems and risks. Accordingly, the relevance of further constitutional reforms remains. A number of proposals have been formulated concerning their directions and forms.

scholarly journals State council in the light of the 2020 constitutional reforms

2021 ◽  
Vol 39 (3) ◽  
pp. 52-55
Author(s):  
P. R. Magomedova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
The State ◽  
State Council ◽  
Federal Law ◽  
Public Power ◽  
Advisory Body ◽  
Constitutional Reforms ◽  
Presidential Decree ◽  
The Russian Federation

The article analyzes the prerequisites for changing the legal status of the State Council of the Russian Federation, analyzes the Federal Law "On the State Council of the Russian Federation" dated December 8, 2020 No. 394-FZ and studies the changes that came into force in the light of the constitutional reforms of 2020. According to this Law, the State Council of the Russian Federation should become a real mechanism of public power in Russia, while remaining an advisory body and a platform for coordinating the interests of the regions and the center. The author conducted a comparative analysis of the State Council, which acted in accordance with the Presidential Decree of 2000, and the law adopted in 2020. Based on the conducted research, the author concludes that the amendments to the Constitution of the Russian Federation adopted in 2020 are timely and necessary in order to restore the existing government.

7 International Treaties in Russian Judicial and Arbitral Practice

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
European Convention ◽  
International Treaties ◽  
Judicial Practice ◽  
European Court ◽  
Fundamental Freedoms ◽  
Russian Constitution ◽  
The Russian Federation

This chapter explores the role of Soviet and post-Soviet Russian courts in interpreting and applying international treaties. It is clear that Soviet courts dealt more frequently with treaties than the scanty published judicial practice of that period suggests. This early body of treaties may also have contributed to the emergence in the early 1960s of priority being accorded to Soviet treaties insofar as they contained rules providing otherwise than Soviet legislation. Whatever the volume of cases involving treaties that were considered by Soviet courts prior to 1991, the inclusion of Article 15(4) in the 1993 Russian Constitution transformed the situation. A further transformation occurred when the Russian Federation acceded to the 1950 European Convention on Human Rights and Fundamental Freedoms and began to participate in the deliberations of the European Court for Human Rights in Strasbourg.

scholarly journals Normative acts in the system of national tax security provision

2022 ◽  
Vol 5 (4) ◽  
pp. 148-158
Author(s):  
K. V. Maslov
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Direct Action ◽  
Federal Law ◽  
Economic Management ◽  
Russian Government ◽  
Public Authorities ◽  
Legal Norms ◽  
Russian Constitution ◽  
The Russian Federation

The subject. The article characterizes the role of Russian Constitution, federal laws and bylaws in ensuring tax security.The purpose of the article is to identify legal norms that ensure the tax security of the state, and to confirm the hypothesis that such norms hat such norms are effective in systemic interaction.The methodology. The author uses methods of system analysis of scientific papers devoted to the provision of various types of security. Formal logical and legal interpretation of Russian regulatory legal acts is used also.The main results. Regulatory documents in the field of tax security can be classified into: the Constitution of the Russian Federation at the highest level; program documents (conventions, strategies, charters, concepts, programs, doctrines, standards, directives) as acts of the first level, the legislation of the Russian Federation and its constituent entities is at the second level; departmental regulatory legal acts are at the third level. The law on security should be an act of direct action that determines the content of the management activities of public authorities to ensure security by fixing its goals, principles, the most general forms and means of implementation. The basis of legal provision of tax security at the legislative level should be defined in the federal law on security as well as in the federal law "On Tax Authorities of the Russian Federation" (in intra-governmental relations context because tax authorities are the main subjects of tax administration) and in the Russian Tax Code (concerning relations between public administration bodies and private entities). Any draft legislative acts affecting issues of tax relations and economic management should be examined for compliance with national interests in the field of tax security and the effectiveness of minimizing threats. Each legislative act should take into account the implementation of the goals and principles of ensuring tax security (as well as other types of security) enshrined in the concept document. Such expertise is possible in the process of approving draft laws by the Russian Government as well as when registering relevant bylaws by the Russian Ministry of JusticeConclusions. The Russian Constitution should consolidate a unified approach to the essence of security as a whole. Legislative acts (first of all, the laws on security, on tax authorities, the Tax Code of the Russian Federation) should provide for the main directions of countering threats to tax security arising in the relevant areas of regulation. By-laws and regulations are designed to fix specific managerial ways of dealing with such threats.

scholarly journals The 2020 Constitutional Reform in the Russian Federation as a Way to Strengthen the Nation

2021 ◽  
Vol 1 ◽  
pp. 3-6
Author(s):  
Sergey N. Baburin ◽  
Keyword(s):  
Russian Federation ◽  
Social Economic ◽  
Moral Values ◽  
Constitutional Reform ◽  
Russian Society ◽  
Ethnic Communities ◽  
Russian State ◽  
The Social ◽  
Russian Constitution ◽  
The Russian Federation

The article considers the positive changes of the Russian Constitution, implemented during the constitutional reform of 2020, justified the relevance and significance of the constitutional reform of 2020, which for the Russian Federation is an important step towards strengthening the nation as a multinational people of Russia, its unity. The return to the text of the constitution of traditional spiritual and moral values of Russian society, filling with real content of the social character of the modern Russian state is made with the understanding that the nation in Russia is a civilizational union of many peoples. The consolidation of the multi-ethnic people of Russia is considered in the spiritual, moral, social, economic, political and civilizational levels, when the consolidation of cultural unity of modern Russia is carried out at the same time protecting the identity of all peoples and ethnic communities of the Russian Federation. It is concluded that the constitutional reform of 2020 has not removed from the agenda the question of the need for a new Constitution of Russia.

scholarly journals On the hierarchy of normative legal acts in the legal system: experience of consular work abroad

2020 ◽  
pp. 95-105
Author(s):  
A. P. Lyubimov ◽  
A. M. Oreshenkov
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Degrees Of Freedom ◽  
Clear Understanding ◽  
International Treaties ◽  
Supreme Courts ◽  
Russian Constitution ◽  
The Russian Federation ◽  
Work Abroad

INTRODUCTION. The article analyzes the current problems of the consular service. In the practical work of officials of the consular service of the Russian Federation, periodically arise situations in which it is necessary to make decisions taking into account the hierarchy of national legal acts and norms of international law, which are an integral part of the legal system of Russia. The situation complicated by the lack of a normative document that clearly and unambiguously regulates the hierarchy of legal acts that make up this system. The present article, based on the experience of the authors' work abroad, is a comprehensive study for making possible decisions within the framework of the issue under consideration on those non-standard issues that periodically are faced by employees of consular offices.MATERIALS AND METHODS. This article is based on the analysis of the provisions of article 15 of the Russian Constitution (taking into account the recently introduced amendments to the Constitution), on the decisions of the Constitutional and Supreme courts of Russia, laws of the Russian Federation, in particular, of the Civil code of the Russian Federation and the Federal law «On international treaties of the Russian Federation», and also in comparison of the legal systems of Russia, USA and Norway in the question of the primacy of national or international law, as well on real situations that occurred during one of the author's work in the consular service of the Russian MFA. The research method is based on the General scientific method of cognition.RESEARCH RESULTS. The article leads to the conclusion that in the question of the primacy of national or international law in the domestic legal system of a state gives its legislation different degrees of freedom to the Supreme state bodies in a flexible approach to the implementation of international legal obligations within the framework of the generally recognized principle of international law «pacta sunt servanda» – «treaties must be observed». Besides, within the framework of Russian national law, there are legally established opportunities to implement the norms of subordinate normative acts in the presence of a law that regulates the same type of relations in a different way.DISCUSSIONS AND CONCLUSIONS. The article provides a regulatory framework that can be used by Russian foreign offices and the MFA in case of violation by the authorities of the host country of the norms of bilateral and multilateral treaties to which Russia and the country concerned are parties. As a conclusion, it is suggested that a clear understanding of the hierarchy of normative acts in the Russian legal system is necessary for its competent application by officials of Russian foreign offices in solving issues in the field of national legislation, as well as the use of international law by these persons in protecting the rights and interests of the Russian Federation, its legal entities and individuals.

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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