scholarly journals MODERNIZATION OF THE CONSTITUTION OF RUSSIA (TO THE RESULTS OF THE DISCUSSION IN CONNECTION WITH THE 25TH ANNIVERSARY)

2019 ◽  
Vol 23 (2) ◽  
pp. 163-183
Author(s):  
Nikolay A. Vlasenko
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Public Authorities ◽  
25Th Anniversary ◽  
Basic Law ◽  
Initial Stage ◽  
History Of ◽  
The Russian Federation ◽  
The One ◽  
Constitutional Construction

A quarter of a century has passed since the adoption of the Constitution of the Russian Federation by a national referendum. The jubilee gives a reason to talk about the optimality of constitutional provisions, their effectiveness, and somewhere practical expediency. The article aims to analyze the points of view expressed in this regard in the scientific press, newspaper periodicals and other media. However, the author first refers to the history of the emergence of the Constitution of the Russian Federation in 1993. It is noted that the Basic Law, on the one hand, was a result of military-political compromise between supporters of the parliamentary vision of the future structure of the country and supporters of a strong presidential power, on the other hand, allowed ultimately abolish the Soviet system and traditions. The mentioned situation and the factor of haste and hurry could not but affect the content and technical and legal quality of the document. The author has reduced the opinions expressed on the issue of modernization of the Constitution of the Russian Federation to three main positions: 1) The Constitution has not exhausted its potential and there is no reason to change its text; 2) a full-fledged constitutional reform is required, the current Constitution has exhausted its potential; 3) there is a need for precise partial changes and additions that can improve the Constitution. The article argues that the last position of the so-called precise partial changes is the most productive and allows to make the constitutional document adequate and relevant. In this regard, it is proposed to hold several round tables at the initial stage on the development of concepts for improving the constitutional foundations. One of them, the author calls promising and offers to prepare a list of proposals for the removal of ideologically and actually not confirmed in practical life provisions. These are provisions about Legal State (excluding the principle of separation of state power), Welfare State, etc. Another concept that also needs to be developed is institutional (the concept of the legal status of public authorities, their powers, checks and balances, etc.). These ideas, the author believes, should be a compromise between scientists, then become public and be implemented in the practice of constitutional construction.

scholarly journals To the 25th anniversary of the Constitution of the Russian Federation

2018 ◽  
Vol 8 (4) ◽  
pp. 1-3
Author(s):  
V.A. Pimonov
Keyword(s):  
Russian Federation ◽  
Popular Vote ◽  
Economic Rights ◽  
25Th Anniversary ◽  
Basic Law ◽  
Russian Constitution ◽  
History Of ◽  
The Russian Federation ◽  
The Individual ◽  
First Time

In December 2018, the country celebrates the 25th anniversary of the Russian Constitution. The current (fifth) Constitution of Russia was adopted for the first time in the history of Russian constitutionalism by popular vote. Now there are many critics of the current Basic law of Russia, claiming its illegitimacy (citing as evidence the argument that the Constitution did not vote for almost half of the population) and even the anti-people character, citing the fact that eliminated the system of Councils, including the Congress of people's deputies. At the same time, opponents do not take into account that they can now freely criticize the current Basic law of the state without fear of repression. The Constitution of the Russian Federation fixed an important norm according to which the person, his rights and freedoms are the highest value (Art. 2). Chapter 2 of the Basic law is devoted entirely to the personal, political, socio-economic rights and freedoms of the individual. One of the main advantages of the Constitution of the Russian Federation is that both advanced ideas of liberal social and legal philosophy and communitarianism are woven into its text.

scholarly journals The Issue of the Legitimacy of Modern Constitutional Reform

2020 ◽  
Vol 20 (4) ◽  
pp. 449-458
Author(s):  
Elena A. Abaeva ◽  
Keyword(s):  
Russian Federation ◽  
Political Stability ◽  
Constitutional Reform ◽  
The Political ◽  
Presidential Power ◽  
Legal Form ◽  
Theoretical Understanding ◽  
Basic Law ◽  
History Of ◽  
The Russian Federation

Introduction. The reform of the Basic Law throughout the modern history of Russia has been determined by the political expediency of transforming the presidential power. Until the mid-2000s the constitutional inviolability supported by the authorities was aimed at preserving its political stability. Theoretical analysis. The Russian Federation has entered a new stage of constitutional development, due to the need for constitutionalization – giving a legitimate character to the prevailing presidential power. Any constitutional reform requires a theoretical understanding of its legitimacy, expediency, legality. Empirical analysis. The main factor in modern constitutional reform is the need for constitutionalization of presidential power. Results. The introduction of additional procedures for the adoption of an amendment to the Constitution testifies to the political will of the President of the Russian Federation to enlist the support of active participants in constitutional processes, thereby putting the ongoing constitutional reform in a legitimate and legal form.

On the Legal Problems of Assessment of Public Authorities

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Ольга Еремина ◽  
Olga Yeryemina
Keyword(s):  
Performance Management ◽  
Russian Federation ◽  
Estimation Procedure ◽  
Practical Application ◽  
Public Authorities ◽  
Criteria And Indicators ◽  
Legal Problems ◽  
The Russian Federation ◽  
Executive System ◽  
The One

The article deals with the one of the tools of performance management — assessment of public authorities, namely the analysis of the legal provision of this tool. For analyzing from all public bodies were chosen executive authorities of the Russian Federation. An approbation of estimation procedure of executive authorities started with lower levels of executive system of the Russian Federation — executive bodies of subjects of the Russian Federation and local self-government. A number of laws which introduced in legal system of the Russian Federation the criteria and indicators of the effectiveness of the above authorities was adopted. Practical application of the adopted documents proved inviability of adopted documents, the inability to objectively evaluate activity of executive authorities of the Russian Federation and local authorities. Major efforts to change the volume and content of the fixed performance were carried out. The article analyzes the newly adopted documents.

scholarly journals CONSTITUTIONAL CONSOLIDATION OF LOCAL SELF-GOVERNMENT: THEORETICAL AND LEGAL APPROACH

2021 ◽  
Vol 31 (3) ◽  
pp. 421-431
Author(s):  
A.A. Ivanova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Power Relations ◽  
Legal Regulation ◽  
Public Authorities ◽  
Constitutional Amendments ◽  
Municipal Administration ◽  
Basic Law ◽  
The Russian Federation ◽  
Historical Periods

In the article the topical questions of development of local self-government on the basis of requirements of the Constitution of the Russian Federation with the account of constitutional amendments are considered. The author generalizes some discussions of power relations, which are proved by constitutional fixation of local self-government in different historical periods. Theoretical and practical approaches in providing self-government tasks are considered. Attention is focused on revealing problems in legal regulation and law-enforcement practice for applying experience in modern realities. The author characterizes the innovations of the Basic Law, identifying polemical norms. Such as notion and assignment of public authorities, interaction of bodies of state power and bodies of local self-government, participation of federal and regional levels in municipal administration, formation of effective model of organization of activity of bodies of local self-government, offering some ways of solving the examined disputable moments.

scholarly journals Ensuring the Independence and Autonomy of the Judiciary in the Context of the 2020 Constitutional Reform

Lex Russica ◽  
2020 ◽  
pp. 41-52
Author(s):  
N. G. Stenichkin
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Separation Of Powers ◽  
Constitutional Reform ◽  
Early Termination ◽  
Basic Law ◽  
Legal Foundations ◽  
The Russian Federation

The paper analyzes the amendments to the Constitution proposed by the President of the Russian Federation in connection with certain elements of the constitutional and legal status of the judge, evaluates the possible limits of the change of the Basic Law without distorting the fundamental principles and legal foundations of the Constitution, including ensuring the independence and autonomy of the judiciary and the principle of separation of powers. According to the amendments, the powers of the President and the legislature regarding their influence on the judiciary were considerably expanded. It seems that the changes in the legislation detailing the powers of the President to initiate the early termination of the powers of judges and the procedure itself, should be formulated in such a way that the powers of the President and the Council of the Federation in this regard neither overlap with the powers of the qualification boards of judges nor diminish the independence and autonomy of the judiciary. The author argues that judicial self-government plays an extremely important role in maintaining the balance between the branches of government, creating conditions for effective justice through guarantees of independence of judges. In this connection, the decision concerning early termination of the judges’ powers on defamatory grounds without the participation of bodies of the judicial community, in the absence of elements of an adversarial process and without the possibility of appealing against such a decision, significantly diminishes the constitutional and legal status of the judge. As a result of the conducted research it is proved that amendments to the Constitution have redistributed powers between the branches of government, there are real risks of violation of the principle of independence and autonomy of the judiciary. The constitutional reform should result in making laws aimed at preserving the constitutional balance between the branches of government.

scholarly journals Review of a Case on Constitutional Changes of 2020 by the Constitutional Court of the Russian Federation: Substantive and Procedural Peculiarities

2021 ◽  
Vol 1 ◽  
pp. 34-38
Author(s):  
Oleg V. Brezhnev ◽  
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Public Authorities ◽  
Legal Provisions ◽  
History Of ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
Relationship Of ◽  
First Time ◽  
The Relationship

For the first time in the history of Russian constitutional justice the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public authorities” provided for as part of the mechanism for its entry into force a special authority of the Constitutional Court of the Russian Federation related to mandatory checking the new constitutional regulation for compliance provisions of chapters 1, 2 and 9 of the Constitution of the Russian Federation. The article reveals substantive and procedural features of this authority of the Constitutional Court of the Russian Federation, concerning the subject and criteria for checking the legal provisions under consideration, the organizational form of constitutional proceedings used in this case, the legal force of the decision of the Constitutional Court of the Russian Federation, etc. Disclosed the relationship of this regulation and already formulated legal positions of the Constitutional Court of the Russian Federation on certain aspects of the implementation of constitutional justice. In the prognostic plan, the need for more detailed legislative regulation of the procedure for exercising powers associated with mandatory constitutional control is shown.

The doctrine of the financial and legal status of municipalities in the Russian Federation and its implementation

2021 ◽  
Author(s):  
Svetlana Mironova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Economic Status ◽  
Law Students ◽  
Budget Process ◽  
Rural Settlements ◽  
Public Authorities ◽  
The Social ◽  
The Russian Federation ◽  
Municipal Level

The monograph forms the doctrine of the financial and legal status of municipalities and identifies the features of its implementation in the Russian Federation at the present stage. The structure of the financial and legal status of the municipality as a whole is comprehensively presented, its elements are defined, their detailed characteristics are given; the features of the implementation of the financial and legal status of certain types of municipalities (urban and municipal districts, municipal districts, urban and rural settlements, etc.), those of them that have a special legal status (single-industry towns, BUT, science towns) or are located on the territory with a special economic status (territories of advanced socio-economic development, the free port of Vladivostok), as well as within the framework of inter-municipal cooperation and the development of urban agglomerations are indicated; a system of guarantees for the implementation by municipalities is established its financial and legal status. Particular attention is paid to the disclosure of the social block of the financial and legal status of municipalities, represented by the mechanism of citizens' participation in the financial activities of municipalities, including the involvement of citizens in the budget process at the municipal level and the implementation of public financial control over local finances. For researchers, teachers, postgraduates and law students, employees of public authorities and local self-government.

scholarly journals The place of local government bodies in a unified system of public government bodies of Russia: issues of theoretical implementation

2021 ◽  
Vol 25 (4) ◽  
pp. 750-767
Author(s):  
Levan T. Chikhladze ◽  
Olga Yu. Ganina
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
The State ◽  
Public Authorities ◽  
Theoretical Understanding ◽  
Scientific Methods ◽  
Legal Norms ◽  
The Public ◽  
Basic Law ◽  
The Russian Federation

The introduction of amendments to the Constitution of the Russian Federation necessitated a theoretical understanding of the established legal norms after their legislative update. Inclusion in the text of the state basic law of the public authorities concept, which requires its theoretical understanding, is of unconditional interest. To identify the specifics of the position of local self-government bodies in the state mechanism, depending on a particular model of state governance, it is necessary to study the experience of organization and functioning of the state apparatus at various historical stages. The aim of the study is to analyze the concepts of theoretical scientists on the legal nature and role of public authorities in the life of the state and to determine the position of local authorities in the public authority system in connection with consolidation of their unity with public authorities in the basic law of the state. In the process of research, the authors used general scientific methods of analysis and synthesis, as well as specific scientific methods - historical and comparative legal. It is concluded that, despite the novelty of the concept of public authorities in the text of the basic law of the state, conceptually it does not change the basis of the functional interaction of public authorities and local governments. Nevertheless, the normative consolidation of the unity of public authorities in the Constitution of the Russian Federation does not abolish the organizational separation of local self-government and its bodies from public authorities.

scholarly journals The proceeding of the amending the constitution of Russian federation: comparative analysis

2020 ◽  
Vol 6 (3) ◽  
pp. 123-129
Author(s):  
Mikhail V. Tregubov
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
The State ◽  
Public Authorities ◽  
Technical Problems ◽  
The Public ◽  
Basic Law ◽  
Unique Experience ◽  
The Russian Federation ◽  
Theoretical Considerations

The article is devoted to analysis of the provisions of the constitutions of the Russian Federation and the French Republic on the procedure for amending the text of the Constitution. On the premise of the legal and socio-political proximity of the constitutional systems of the Russian Federation and the Fifth French Republic, the author makes a comparative analysis of the provisions of the Constitution of Russia of 1993 year and the French Constitution of 1958 year, paying particular attention to the point of making changes and amendments into the text of the Main laws of Russia and France. According to the author, the Constitution, as the Supreme standard of the legal system of the State, its basis, should not become incapable of correction, static construct. For a truly democratic strengthening of the Constitution it is important to give the society the opportunity to modify it. Stiffness adjustment rules the Constitution can justify the theoretical considerations, international experience, technical problems that arise because of additions to the text, as well as the loss of credibility of the Constitution as the basic law. The article shows that the three-tier constitutional structure upgrade in Russia justifies itself in terms of the hierarchy of values. It is advisable to make or even exclude the procedure of changing the basic law and aspects relating to the State and national sovereignty; application of several simplified, lightweight procedures not only permissible but desirable in the case of the adoption of the amendments, which are associated with the device of the public authorities. However, according to the author, the mechanism must be employed for the review of the Constitution, not declarative, as the request for convening the constitutional Light in case of revision of the provisions of the Constitution of the Russian Federation. The French Constitution, establishing more concise mechanism changes, allows more flexibility to shift constitutional paradigms. In the end, the conclusion about the possibility of using the unique experience of French Constitutional reforms in Russia.

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