scholarly journals The Constitutional Court of the Russian Federation in the light of the Constitutional reform of 2020: some issues of theory and practice

2021 ◽  
Vol 39 (3) ◽  
pp. 56-61
Author(s):  
S. A. Saibulaeva ◽  
Keyword(s):  
Russian Federation ◽  
Structural Changes ◽  
Legal Status ◽  
Theory And Practice ◽  
Constitutional Court ◽  
Democratic State ◽  
Russian State ◽  
The Russian Federation ◽  
Constitutional System ◽  
The Impact

Based on the study of historical and legal material, theoretical and practical generalizations, the article examines the issues of organizational and functional reform of the Constitutional Court of the Russian Federation in the light of the constitutional reforms of 2020 and the impact of this process on the establishment of the Russian constitutional system in its modern sense. Certain aspects of the functioning of the constitutional control bodies of foreign state-legal systems are analyzed. The purpose of the study is to determine the structural changes in the Russian legislation, their impact on the political and legal status of the federal body of constitutional control and trends in the development of the system of interaction of the highest state authorities. It is shown that constitutional changes have a systemic impact on both the Constitutional Court of the Russian Federation and the constitutional system of the Russian state as a whole. The author draws attention to the possibility of functioning of a democratic state only if there is an independent and independent federal body of constitutional control.

scholarly journals The Parliament of the Russian Federation: Evolution of the Establishment and Functioning

2020 ◽  
Vol 12 ◽  
pp. 65-68
Author(s):  
Saida A. Saybulaeva ◽  
Keyword(s):  
Social Development ◽  
Russian Federation ◽  
Legal Status ◽  
The State ◽  
State Structure ◽  
Legislative Body ◽  
Russian State ◽  
The Russian Federation ◽  
Constitutional Changes

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.

scholarly journals Assessment of the Impact of EU Sanctions on Budget Revenues of Russia in the Context of New Industrialization in Terms of National Dimension

2021 ◽  
Vol 93 ◽  
pp. 02003
Author(s):  
Andrey Anisimov ◽  
Oksana Kolotkina ◽  
Inara Yagofarova
Keyword(s):  
Russian Federation ◽  
Factor Model ◽  
Eu Countries ◽  
Tax Revenues ◽  
Russian State ◽  
The Russian Federation ◽  
Tax Payments ◽  
The Impact ◽  
New Industrialization ◽  
The Eu

The article examines topical issues that assess the impact of EU sanctions on the volume of tax revenues of the consolidated budget of Russia. The main purpose of this study is an attempt to develop a factor model that allows assessing the sanctions impact on the specified tax revenues, describing and analyzing the factors that directly or indirectly affect the formation of the consolidated budget revenues of the Russian Federation, identifying the corresponding relationships during the period of new industrialization. A separate stage of the presented study is associated with the development of the above model, which evaluates the sanctions effect on the composition of tax revenues of the consolidated budget of the Russian Federation and verification of the adequacy of this model. The authors' own research made it possible to develop a conceptual factor model that assesses the impact of the sanctions effect of the EU countries on the composition and volume of tax revenues of the consolidated budget of the Russian Federation, the use of which makes it possible to analyze the proceeds from the tax payments that have come under the influence of the sanctions. The model presented by the authors makes it possible to fundamentally assess the real impact of the applied sanctions on tax revenues of the consolidated budget of the Russian Federation, to develop appropriate directions in the development of the country during the period of the new industrialization of the Russian state.

scholarly journals On the Issue of a Public Corporation as a Form of a Non-Profit Organization

2021 ◽  
Vol 2 ◽  
pp. 3-5
Author(s):  
Natalia G. Kanunnikova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Civil Law ◽  
Federal Law ◽  
Legal Regime ◽  
Non Profit ◽  
Russian State ◽  
Public Corporation ◽  
State Corporation ◽  
The Russian Federation

The article offers the author’s vision of such a form of non-profit organization as a state corporation with a special legal status. As a result of the analysis, the author comes to the conclusion that it is permissible to recognize a state corporation as an independent subject of civil law relations, since state corporations combine the characteristics of both a legal entity, in particular, the autonomy of property, independent liability for obligations, etc., and the institution of the state, endowed with authority. The analysis of the federal legislation allowed the author to say that a special legal regime applies to modern Russian state-owned corporations, which provides for their exemption from certain duties and granting certain rights and powers. In this regard, the question is raised about the development of recommendations for improving legislation in the field under study by excluding Article 7.1 from the Federal Law, January, 12 № 7-FZ “On Non-Profit Organizations”, and introducing its content into the Civil Code of the Russian Federation, adding it to Article 124.1 “State Corporation”.

RESTRICTIONS ON RIGHTS AND FREEDOMS OF A MAN AND A CITIZEN IN THE RUSSIAN FEDERATION AS A MEANS OF DEFENSE OF CONSTITUTIONAL ORDER

2015 ◽  
Vol 10 (6) ◽  
pp. 169-174
Author(s):  
Болотин ◽  
Vladimir Bolotin ◽  
Паньков ◽  
Sergey Pankov
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Russian Federation ◽  
Constitutional Court ◽  
Constitutional Order ◽  
Legal Instrument ◽  
European Court ◽  
The Russian Federation ◽  
Constitutional System

In the article the need of reasonable restriction of human rights and freedoms in modern conditions of increase of various threats for the constitutional system of Russia is shown; the results of modern research in this area, as well as the position of the European Court of Human Rights, the Constitutional Court of Russia, Supreme Court of the Russian Federation are revealed. Defined The system of restrictions, acting legal instrument for the protection of the constitutional order, the conditions and criteria for the limitation of rights and freedoms .

scholarly journals TECHNOLOGIES IN THE CRIMINAL LEGISLATION OF RUSSIA: PROBLEMS AND PROSPECTS

2020 ◽  
pp. 85-92
Author(s):  
Vasily N. Nekrasov ◽  
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Status ◽  
Criminal Code ◽  
Innovative Activity ◽  
Innovation Activity ◽  
Technical Innovations ◽  
The Russian Federation ◽  
The Impact

In this paper, the author tried to consider the impact of such innovation results as technology on domestic criminal law and to understand whether the legislator is ready for them. In the current Criminal Code of the Russian Federation, the legislator does not once use a single general concept in relation to technical innovations, which allows to characterize its various elements. At the same time, the legislator traditionally uses such private terms as tools, means, equipment, system, etc. When considering this issue, the first thought that comes to mind is that technical innova-tions in the Criminal Code are regarded as instruments or means of committing a crime. In criminal law theory, there are many points of view on the question of distinguishing between "instrument" and "means" of crime. The Criminal Code of the Russian Federation does not clearly understand the concepts under analysis. Technical innovations, such as equipment by domestic lawmakers, are regarded as instruments and means of committing a crime. The above concepts were traditionally used by the legislator to construct the norms of the Russian criminal law. At the same time, due to the active development of innovation activity, new technical innovations are appearing today, which, firstly, did not exist before, and secondly, they have a number of specific features. At the same time, definitions that were not previously used in the Russian criminal law, which allow judging about new possibilities of technology, which only stimulate the discus-sion about the legal status of technology, both in criminal law and in legislation as a whole, are already in place today. Social relations are undergoing certain changes as a result of innovative activities. In this regard, the object of crime is also being transformed. As a result, a new type of property is emerging, namely intellectual property, which is also subject to criminal law protection. It seems that today there is a need to combine the norms in the field of crimes that infringe on innovative activity into a separate group of norms. These social relations have a number of features that make it possible to consider forming them into a separate type of crime object. Separating groups of crimes in the area of innovative activity will be of great importance. In particular, it will make it possible to establish public danger in relation to a group of crimes and to analyse changes in the degree of public danger of crime depending on the type of quali-fying and attracting circumstances.

scholarly journals Export Potential of the National Economy: Opportunities and Limitations

2020 ◽  
pp. 103-116
Author(s):  
Evgeniy A. Gorin ◽  
Aleksandr A. Zolotarev
Keyword(s):  
Russian Federation ◽  
National Economy ◽  
Structural Changes ◽  
North West ◽  
Industrial Enterprises ◽  
Structure And Dynamics ◽  
Production Factors ◽  
The Russian Federation ◽  
The Impact ◽  
Innovation Processes

Authors consider export opportunities and the structure and dynamics of industrial export and import in the Russian Federation, Northwest Russia and St. Petersburg. The article studies structural changes in sectors of St. Petersburg economy resulting from ongoing innovation processes and their impact on export potential. It provides the results of assessing the impact of organizational, economic and production factors on export opportunities of various economic entities. Export opportunities, structure and dynamics of export and import of industrial products in the Russian Federation, the North-West region and St. Petersburg are considered. Volume of exports, imports and trade turnover in Russia in 2019, as well as the dynamics of changes in recent years are discussed. In the structure of Russia's exports in recent years, the bulk of supplies (60%) were mineral products, imports the main share of exports (over 40%) occurred in the machinery, equipment and vehicles. The high needs of the national market and the significant export potential of Russian enterprises engaged in the production of medicines and modern medical equipment are noted, which makes it possible to make a real contribution to solving important social problems and developing the national economy. The structure of exports and imports of North-West Federal district and St. Petersburg by major commodity groups, there is a saving in purchases of imported equipment combined with constant growth of exports of fuel and energy products are discussed. Structural changes in the economic sectors of St. Petersburg as a result of ongoing innovation processes and their impact on export potential are studied. The results of the assessment of the impact of organizational, economic and production factors on the export opportunities of various economic entities are presented. It is revealed that for industrial enterprises, the quality and cost of components becomes a problematic factor that hinders their development both in improving the product range and in their own technological modernization. For small and medium-sized businesses in industrial production, problems related to timely receipt of high-quality materials and products of the element base from suppliers and related companies, in most cases located abroad, are added. The role of the “Russian export center” as a state institute for supporting non-commodity exports and facilitating export operations was noted.

scholarly journals Unrestricted (absolute) rights and freedoms of man and citizen in the Constitution of the Russian Federation of 1993 and international acts

2019 ◽  
Vol 2019 (4) ◽  
pp. 69-75
Author(s):  
Aleksandr Podmarev
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Religious Affiliation ◽  
International Standards ◽  
Constitutional Court ◽  
Federal Law ◽  
The Russian Federation ◽  
The Individual

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.

scholarly journals Indication of Nationality in the Passport of a Citizen of the Russian Federation as a Form of Implementation of the Right to Nationality

2020 ◽  
Vol 15 (1) ◽  
pp. 46-53
Author(s):  
N. A. Zaynitdinov
Keyword(s):  
Russian Federation ◽  
Native Speakers ◽  
Constitutional Court ◽  
Foreign Countries ◽  
Russian State ◽  
Different Types ◽  
The Russian Federation ◽  
State Of Affairs ◽  
The Right

Constitutionalists in Russia have disagreed on the possibility of specifying nationality of a citizen in the passport. It is believed that at present the indication of nationality in the passport is not made, but it turns out that this is not the case. Implicit declaration of nationality with the help of a special insert is possible for citizens living in the republics and for native speakers of non-Russian state languages of republics. This state of affairs creates inequality for residents of different types of constituent entities of the Russian Federation and for citizens of different nationalities. Nationality of Russians as a national majority is not expressed in the Russian Federation through the statehood itself and through the institution of citizenship as it is done in foreign countries where nationality is not indicated in the passport. The author substantiates an erroneous stance of the Constitutional Court of the Russian Federation on inadmissibility of specifying nationality of a citizen in his or her passport. It is concluded that it is desirable to restore indication of nationality in the passport for all citizens with the aim of the fullest implementation of the right to nationality in the context of the Russian Federation.

scholarly journals “Constitutionalization”: To the question of the concept

2021 ◽  
Vol 21 (2) ◽  
pp. 188-197
Author(s):  
Inna N. Plotnikova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Order ◽  
Practical Significance ◽  
Constitutional Court ◽  
Target Feature ◽  
European Court ◽  
Legal Term ◽  
Russian State ◽  
The Russian Federation ◽  
Definition Of

Introduction. The legal term of “constitutionalization” is relevant and in demand at the present stage of the constitutional development of the Russian state, as evidenced by the increasing frequency of its use in scientific works. The modern use of the term of “constitutionalization” has many meanings that are not always specified by the authors. In this connection, the definition of the essence and content of this concept has theoretical and practical significance. Theoretical analysis. The author made an attempt to theoretically comprehend the concept of “constitutionalization”, including the lexemes of “constitutionalization of the legal order” and “constitutionalization of the legal system”, based on the analysis of works by foreign and domestic authors, formalized some common essential and substantive attributive features of the phenomenon of “constitutionalization”. Empirical analysis. It is noted that in the Constitution of the Russian Federation, the current Russian legislation, the judicial practice of the Constitutional Court of the Russian Federation, the term of “constitutionalization” has not found its reflection. As for the decisions of the European Court of Human Rights, in some of its decisions this concept is mentioned in connection with the substantiation of the role of the Strasbourg and Luxembourg courts, the influence of their legal positions on the constitutionalization of the European legal order. Results. The author defines constitutionalization as a complex construct, with the acquisition of constitutional meaning by all phenomena and processes of legal reality occurring in society and the state being its attributive-relational, essential, target feature. Based on the etymological, semantic, systemic and structural analysis of this phenomenon, the author presented it as a multi-level, multi-aspect system, identified qualifying features and design features, levels, phases, stages.

Dual Citizenship in Russia

2019 ◽  
Vol 76 (1-2) ◽  
pp. 57-68
Author(s):  
Alexander Salenko
Keyword(s):  
Russian Federation ◽  
State Policy ◽  
Constitutional Court ◽  
International Treaties ◽  
Dual Citizenship ◽  
Judicial Practice ◽  
Russian State ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
The Right

In the USSR, the dual citizenship was expressly prohibited by the Soviet law. After Perestroika, a new stage of Russian statehood began: on 12 December 1993, the Constitution of the modern Russian Federation was adopted, which granted Russian citizens the right to have dual citizenship. Over the past twenty-five years, a new legislation has been adopted on the Russian citizenship, migration, and the state policy regarding compatriots living abroad. During these years, millions of Russian citizens have obtained second (multiple) citizenship, and with it came to questions, disputes and problems that required mediation of the Russian judiciary. In this regard, the main purpose of this article is to analyze the existing domestic legislation and international treaties of Russia on dual citizenship, to determine the dual citizenship regime in Russia - to examine the existing restrictions on the rights and freedom of persons with dual citizenship, and also to study the disputes on dual citizenship in the Russian Federation, in particular to scrutinize the judicial practice (leading cases) of the Constitutional Court of the Russian Federation. Based on an analysis performed in the article, the author draws conclusions regarding the further development of dual citizenship within the framework of the Union State of Belarus and Russia, and also investigates prospects of the Eurasian citizenship in the framework of the Eurasian Union. In addition, the author makes a proposal to Russian authorities to make information on registered Russian citizens with dual (multiple) citizenship more accessible and transparent, and also to adopt at the federal level a document on the Russian state policy regarding dual citizenship.

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