scholarly journals USSR CONSTITUTIONAL OVERSIGHT COMMITTEE: HISTORY, LEGAL STATUS, ACTIVITY

2018 ◽  
Vol 22 (1) ◽  
pp. 211-216
Author(s):  
O. V. Brezhnev
Keyword(s):  
Legal Status ◽  
Separation Of Powers ◽  
Legal Protection ◽  
State Administration ◽  
Domestic Legislation ◽  
History Of ◽  
Constitutional Justice ◽  
Oversight Committee ◽  
Further Development ◽  
Method Of Abstraction

This article considers the history of the creation and legal status of USSR Constitutional Oversight Committee, a specialized body established to ensure legal protection of the Constitution of the USSR. It is noted that the formation of this institution should be viewed with respect to the tasks set in the Soviet state in the late 1980s and early 1990s: democratization of state administration, overcoming separatist tendencies, implementation of radical economic reform, and formation of a socialist legal state. In the study, the author used analytical, formal-legal methods, the method of abstraction, which allowed formulating main conclusions. Analyzing the legal status of the USSR Constitutional Oversight Committee, the author comes to the conclusion that its powers were of a limited nature: in the conditions of denying the principle of separation of powers, they did not dispute the supremacy of USSR Congress of People’s Deputies in the system of state power bodies. In those years, the activities of the Committee were considered not so much as jurisdictional, but as political and legal. The article categorizes the powers of the USSR Constitutional Oversight Committee, some of which were of control nature, but most of them were of supervisory or expert-consultative nature. Investigating the practice of the the USSR Constitutional Oversight Committee, the author concludes that the legal positions contained in its decisions significantly influenced the further development of domestic legislation and constitutional justice in Russia.

scholarly journals Regional Constitutional Justice in the Context of Russia’s Aspiration to be a Rule of Law State

2018 ◽  
Vol 43 (4) ◽  
pp. 351-382
Author(s):  
Jane Henderson ◽  
Marina L. Belykh
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal Status ◽  
Separation Of Powers ◽  
State Power ◽  
The Other ◽  
Constitutional Courts ◽  
Constitutional Justice

This paper examines regional constitutional justice in Russia as a microcosm of the struggle for the judicial branch of state power to assert its importance, in particular in relation to separation of powers. We consider the situation of republican constitutional courts and regional charter courts which have been established in some places to oversee compliance with the republican constitution or regional charter. We note that the limited number of these courts contrasts strongly with the widespread institution of the regional ombudsman (plenipotentiary for human rights). We also see that in recent years courts in some regions have encountered a pushback from the other branches of state power. The strength of the resulting defence of the courts’ legal status gives us some cause for optimism that the principles of separation of powers and rule of law are being strongly supported in some regions.

On certain aspects of the protection of the rights of children

2020 ◽  
Vol 2020 (1) ◽  
pp. 66-70
Author(s):  
Lyudmila Tihaya
Keyword(s):  
Legal Status ◽  
Legal Protection ◽  
Educational Institutions ◽  
Child Prostitution ◽  
Rights Of The Child ◽  
The Family ◽  
Domestic Legislation ◽  
Normative Basis ◽  
Internal Affairs ◽  
A Minor

The article analyses the issue of the rights of minors. Issues of interaction between internal affairs bodies, commissioners for the rights of the child and other actors are under consideration. A number of normative acts and programmes on the rights of minors are being analysed. The normative basis for the protection of the rights of the child in modern Russia is analysed, in particular, the conventions ratified by Russia in this sphere and federal legislation. Selected law enforcement issues in the area of children ‘s rights are also addressed. Recommendations are made to improve the realization of the rights of minors in the activities of internal affairs bodies in cooperation with local self-government bodies. It is noted that in Russia the legal status of a minor is characterized by instability, insufficient social and legal protection, lack of reliable guaranteeing state mechanisms. The plight of minors in modern Russia today is further exacerbated by the fact that domestic legislation has not yet adequately guaranteed them reliable legal protection against adult abuse: in the family, in educational institutions, in society. There are also insufficient legal measures to combat child prostitution, drug addiction and alcoholism. It was to be hoped that addressing the problem in the article would more effectively address those problems. The author hopes that a number of proposals made will be useful in improving the mechanism for the protection of the rights of minors in Russia.

scholarly journals SEPARATION OF POWERS AND THE INDEPENDENCE OF CONSTITUTIONAL COURTS

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Кристоф Грабенвартер ◽  
Kristof Grabenvarter
Keyword(s):  
Power System ◽  
Separation Of Powers ◽  
State Power ◽  
Division Of Labour ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Constitutional Courts ◽  
Constitutional Justice ◽  
Further Development

The presented article is devoted to one of the essentially and vitally important problems of an each country state power system maintaining, which is obviously influencing the sovereignity strengthening and making the legal constitutional basis of a state more durable and stable. The author considers the various aspects of the proportionality, which is to be provided in the state powers separation principle realization, dividing them into three traditional branches on one hand, and at the same time in the promoting constitutional courts real independence in every state on the other hand. The author tries to observe the appearance and further development of two methods which might be effected in reaching these goals. From his point of view the first method should be focused on further perfecting the division of labour in the state power system, which is to promote the actual independence of constitutional courts as the integral component of one of the state power system branches and which is provided with the separation of powers principle. The other method is to make the judicial constitutional justice administration more effective and qualified, which will help to implement the proper preconditions for firm incorporation the separation of powers principle into the every days life of society and state. The author also underlines and pays everyone’s attention to the mutual interdependency and intercommunication which are existing between the above mentioned state aims of priority and the results of fulfilling them. As for the author’s own scientific and practical elaborations of the facilities and instruments which might be used in the field of the legal statehood foundations strengthening is concerned, he suggests arranging the international cooperation of the constitutional courts of the states and setting up professional links between them, starting up the state system of “constitutional culture” educational courses for the population and implementing the unified international unanimous ethical standards for estimating the features of the persons intending to become constitutional judges.

scholarly journals Historical and Legal Analysis of the Institution of Disposal of Property After the Liquidation of Public Organizations

2020 ◽  
Vol 17 (3) ◽  
pp. 26-35
Author(s):  
Egor Bogolyubov
Keyword(s):  
Legal Status ◽  
Public Organizations ◽  
State Ownership ◽  
Roman Law ◽  
Legal Analysis ◽  
Domestic Legislation ◽  
History Of ◽  
Ancient Times ◽  
Improvement Of Legislation

Introduction. The history of public organizations is an actual topic of scientific research. Originated in ancient times, they have passed a long way of development. Comparative study of the legal status of public organizations is extremely rare, although such studies would be not only interesting, but also useful for further improvement of legislation. Purpose. The aim of the study is to identify models of property disposal after the liquidation of public organizations in Roman law and to trace the reception of these models at different stages of development of domestic legislation. Methodology. Formal legal, comparative historical and comparative legal research methods were used in writing the article. Results. It is revealed that in Roman law there were three variants of disposal of property after liquidation of public organizations. In the domestic legislation these models were applied in various configurations depending on concrete historical circumstances. The transfer of property to state ownership was most often used in Soviet law, the direction of property for the implementation of statutory purposes prevailed in pre-revolutionary legislation. Modern Russian law gives preference to the latter option, but in rare cases allows the possibility of turning property into state property. Conclusion. The issues covered in the article will allow to better understand the place and role of public organizations at different historical stages of the development of the national state. The predominance of one or another option of disposal of property after the liquidation of public organizations indicates the degree of freedom of the latter from the state. A comprehensive study of the legal regime of the property of public organizations at different stages of the development of civil society in Russia is seen as promising in this regard.

Towards the digital land reclamation

2020 ◽  
pp. 5-9
Author(s):  
Sergey Vasil'ev ◽  
Vyacheslav Schedrin ◽  
Aleksandra Slabunova ◽  
Vladimir Slabunov
Keyword(s):  
Retrospective Analysis ◽  
Land Reclamation ◽  
Practical Experience ◽  
Maximum Effect ◽  
Optimal Management ◽  
Scientific Potential ◽  
History Of ◽  
Definition Of ◽  
Further Development ◽  
Full Cooperation

The aim of the research is a retrospective analysis of the history and stages of development of digital land reclamation in Russia, the definition of «Digital land reclamation» and trends in its further development. In the framework of the retrospective analysis the main stages of melioration formation are determined. To achieve the maximum effect of the «digital reclamation» requires full cooperation of practical experience and scientific potential accumulated throughout the history of the reclamation complex, and the latest achievements of science and technology, which is currently possible only through the full digitalization of reclamation activities. The introduction of «digital reclamation» will achieve greater potential and effect in the modernization of the reclamation industry in the «hightech industry», through the use of innovative developments and optimal management decisions.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

The Challenges in Dealing with Organized Crime and its Consequences in Modern Societies in Albania, Kosovo and Macedonia – the Balkan Peninsula

2015 ◽  
Vol 5 (1) ◽  
pp. 161
Author(s):  
Bashkim Selmani ◽  
Bekim Maksuti
Keyword(s):  
Organized Crime ◽  
Balkan Peninsula ◽  
Human Mind ◽  
Negative Consequences ◽  
The Public ◽  
Before And After ◽  
History Of ◽  
European Standards ◽  
Organized Crime Groups ◽  
Further Development

The profound changes within the Albanian society, including Albania, Kosovo and Macedonia, before and after they proclaimed independence (in exception of Albania), with the establishment of the parliamentary system resulted in mass spread social negative consequences such as crime, drugs, prostitution, child beggars on the street etc. As a result of these occurred circumstances emerged a substantial need for changes within the legal system in order to meet and achieve the European standards or behaviors and the need for adoption of many laws imported from abroad, but without actually reading the factual situation of the psycho-economic position of the citizens and the consequences of the peoples’ occupations without proper compensation, as a remedy for the victims of war or peace in these countries. The sad truth is that the perpetrators not only weren’t sanctioned, but these regions remained an untouched haven for further development of criminal activities, be it from the public state officials through property privatization or in the private field. The organized crime groups, almost in all cases, are perceived by the human mind as “Mafia” and it is a fact that this cannot be denied easily. The widely spread term “Mafia” is mostly known around the world to define criminal organizations.The Balkan Peninsula is highly involved in these illegal groups of organized crime whose practice of criminal activities is largely extended through the Balkan countries such as Kosovo, Albania, Macedonia, Serbia, Bosnia, Croatia, Montenegro, etc. Many factors contributed to these strategic countries to be part of these types of activities. In general, some of the countries have been affected more specifically, but in all of the abovementioned countries organized crime has affected all areas of life, leaving a black mark in the history of these states.

THE ISSUE OF MINORS’S GUARDIANSHIP SENTENCED TO IMPRISONMENT

2020 ◽  
pp. 33-37
Author(s):  
Ирина Викторовна Евстафьева
Keyword(s):  
Juvenile Offenders ◽  
Legal Status ◽  
Careful Consideration ◽  
Point Of View ◽  
Sufficient Detail ◽  
Domestic Legislation ◽  
The Status ◽  
Correct Understanding ◽  
The Given

В статье исследуются вопросы попечительства в отношении несовершеннолетних, отбывающих наказание в виде лишения свободы. Проблема, поднимаемая автором настоящей статьи, многогранна, касается различных аспектов отбывания наказания несовершеннолетними в воспитательных колониях и требует комплексного исследования, способного ответить на определенно значимый вопрос: является ли колония законным представителем находящихся в ней несовершеннолетних со всеми вытекающими из статуса законных представителей последствиями. При этом необходимо обращать внимание на специфику правового статуса лиц, отбывающих наказание в воспитательных колониях, которые, во-первых, являются несовершеннолетними, то есть не обладают дееспособностью в полном объеме и нуждаются в особой заботе, защите и представительстве, а во-вторых, осуждены за совершение тяжкого или особо тяжкого преступления, влекущего изоляцию от общества и определенные ограничения и лишения. Отечественное законодательство достаточно детально регламентирует особенности режима отбывания наказания в виде лишения свободы несовершеннолетними, не определяя при этом статуса воспитательных колоний, кем они являются: воспитателями, попечителями или исключительно учреждениями исполнения наказаний. Между тем правильное понимание значения и роли воспитательной колонии в жизни находящихся в ней несовершеннолетних преступников, по мнению автора, поможет избежать ряда проблем, объективно складывающихся в учреждениях подобного рода. С этой точки зрения предлагаемая тема представляет интерес не только для ученых-теоретиков, но и для практиков - сотрудников соответствующих учреждений. Особо следует подчеркнуть, что исследований по данной тематике в специальной литературе нет. Отдельные исследования, встречающиеся в современной литературе, касаются исключительно общего гражданско-правового статуса несовершеннолетних осужденных. Однако это обстоятельство может свидетельствовать только о новизне данной темы, но никак не об отсутствии самой проблемы. The article analyzes the issues of the status of educational colonies as guardians of minors serving a sentence of imprisonment. In fact, the problem raised by the author of this article is multifaceted, concerns various aspects of the serving of punishment by minors in educational colonies and requires a comprehensive study that can answer, it seems, a definitely significant question: whether the colony is the legal representative of the minors in it with all the consequences arising from the status of legal representatives in the form of duties and responsibilities. At the same time, it seems, it is necessary to pay attention to the specifics of the legal status of citizens serving sentences in educational colonies, who, firstly, are minors, i.e. do not have full legal capacity and need special care, protection and representation, and, secondly, are convicted of committing a serious or particularly serious crime, entailing isolation from society and certain restrictions and deprivation. Domestic legislation regulates in sufficient detail the peculiarities of the regime of serving sentences in the form of deprivation of liberty by minors, without determining the status of educational colonies. Who are they: educators, Trustees or only institutions of execution of punishments. Meanwhile, the correct understanding of the importance and role of the educational colony in the life of juvenile offenders in it, according to the author, will help to avoid a number of problems that objectively develop in institutions of this kind. From this point of view, the proposed topic is of interest not only for theoretical scientists, but for practitioners-employees of relevant institutions. It should be emphasized that there are no studies on this subject in the special literature. However, this circumstance can testify only about novelty of the given subject, but in any way about absence of the problem. It seems that the relevance and importance of a problem is not always measured by the number of studies devoted to it. Sometimes these its traits are manifest only under particularly careful consideration.

Cartographic production in Russia: main stages and trends

2020 ◽  
Vol 963 (9) ◽  
pp. 30-43
Author(s):  
M.Yu. Orlov
Keyword(s):  
Chronological Order ◽  
Xviii Century ◽  
New Methods ◽  
Current State ◽  
Factors Influencing ◽  
The Future ◽  
History Of ◽  
State Enterprises ◽  
Further Development

Studying the current state of cartography and ways of further developing the industry, the role of the map in the future of the society, new methods of promoting cartographic products is impossible without a deep scientific analyzing all the paths, events and factors influencing its formation and development throughout all the historic steps of cartographic production in Russia. In the article, the history of cartographic production in Russia is considered together with the development of private, state and military cartography, since, despite some differences, they have a common technical, technological and production basis. The author describes the stages of originating, formation and growth of industrial cartographic production from the beginning of the XVIII century until now. The connection between the change of political formations and technological structures with the mentioned stages of maps and atlases production is considered. Each stage is studied in detail, a step-by-step analysis was carried out, and the characteristics of each stage are described. All the events and facts are given in chronological order, highlighting especially significant moments influencing the evolution of cartographic production. The data on the volumes of printing and sales of atlases and maps by commercial and state enterprises are presented. The main trends and lines of further development of cartographic production in Russia are studied.

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