scholarly journals Constitutional Court’s of the Russian Federation Impact on Public Property (Part 1)

2021 ◽  
pp. 128-144
Author(s):  
S. I. Shulzhenko
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Housing Stock ◽  
Constitutional Court ◽  
Legal Regime ◽  
Public Property ◽  
Public Rights ◽  
Commercial Housing ◽  
The Russian Federation ◽  
Enforcement Activity

The article focuses on the main principles of public property as Constitutional Court of the Russian Federation formulates them. The author reveals actual problems of public property as a complex institution, including mainly constitutional, administrative, financial, and in a less degree civil law. There is a direct relation between public property, public finance, budget, legal regime of the territory concerned and citizens’ public rights. Establishment of a legal regime of the territory helps to preserve current public land and property usage and provides public rights. The ability of public property unilateral transfer to another level of public ownership is justified. Meantime in the context of specialized public housing stock problem the author suggests sensitive decision for the legal status of quarters as a specialized commercial housing stock. Legal positions of the Constitutional Court promote effective solution to the conflict within the community and provide guidance for the legislative and law-enforcement activity.

scholarly journals Constitutional Court’s of the Russian Federation Impact on Public Property (Part 2)

2021 ◽  
pp. 102-116
Author(s):  
S. I. Shulzhenko
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Housing Stock ◽  
Constitutional Court ◽  
Legal Regime ◽  
Public Property ◽  
Public Rights ◽  
Commercial Housing ◽  
The Russian Federation ◽  
Enforcement Activity

The article focuses on the main principles of public property as Constitutional Court of the Russian Federation formulates them. The author reveals actual problems of public property as a complex institution, including mainly constitutional, administrative, financial, and in a less degree civil law. There is a direct relation between public property, public finance, budget, legal regime of the territory concerned and citizens’ public rights. Establishment of a legal regime of the territory helps to preserve current public land and property usage and provides public rights. The ability of public property unilateral transfer to another level of public ownership is justified. Meantime in the context of specialized public housing stock problem the author suggests sensitive decision for the legal status of quarters as a specialized commercial housing stock. Legal positions of the Constitutional Court promote effective solution to the conflict within the community and provide guidance for the legislative and law-enforcement activity.

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”.

Special legal regime of natural resources - the basis of Natural Resource Law

2021 ◽  
pp. 66
Author(s):  
Mikhail M. Brinchuk
Keyword(s):  
General Theory ◽  
Natural Resources ◽  
Russian Federation ◽  
Natural Resource ◽  
Constitutional Court ◽  
Legal Regime ◽  
Exceptional Value ◽  
The Russian Federation ◽  
Theory Of Law

The article explores the special legal regime of natural resources. The position is evaluated of the Constitutional Court of the Russian Federation also and the provisions of the General theory of law on a special legal regime are considered. Analyzed the special legal regime of natural resources. Nature is investigated as an exceptional value for society and, accordingly, the object of a special legal regime.

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 National Anti-Corruption Plan for 2021-2024: anti-corruption elements of the legal status of civil officers

2021 ◽  
pp. 166-175
Author(s):  
Ivan Vladimirovich Grigorev
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Civil Service ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Professional Activities ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right

The subject of this research is the normative sources that establish the rights, responsibilities and prohibitions in civil service, as well as the mechanisms for their implementation. The author dwells on the practical issues arising in the context of implementation of anti-corruption legislation associated with the right of the officers to exercise other paid activity, acquire and own securities, responsibility to notify about the possible colliding interests, limitation on the deed of gift due to their professional activities, providing data on income, expenses, property, and real obligations. Special attention is given to certain legal provisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and courts of general jurisdiction related to the peculiarities of the legal status of civil officers. The scientific novelty consists in comprehensive examination of the legal issues in regulation of anti-corruption elements of the legal status of civil officers. The main conclusions lies in determination of the gaps and conflicts of legal regulation of such relations. Critical assessment is given to the case law on the appeal of the prosecutors to transfer the property with no evidence that it has been acquired with legitimate income to the income of the Russian Federation. The author formulates recommendations for the improvement of the existing federal legislation on countering corruption in civil service.

scholarly journals Problems of jurisdiction in disputes involving a self-employed individual as a special subject of economic activity with an undefined legal status

2021 ◽  
pp. 9-23
Author(s):  
Marietta Damirovna Shapsugova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Aspects ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Professional Activities ◽  
Self Employment ◽  
The Russian Federation ◽  
Definition Of ◽  
Substantive Law

Due to proliferation of the experiment on introduction of special self-employment tax regime across the Russian Federation, the number of self-employed individuals is expected to rise. Moreover, the lockdown brought on by the current pandemic led to a sharp increase in self-employment. This circumstance makes the subject of this research more relevant – the questions of legal status of self-employed individuals in connection to their financial-legal and procedural-legal aspects. The article analyzes the doctrinal approaches towards definition of jurisdiction, the use of which allows overcoming current legislative gap. Research is conducted on the normative act and case law of the Constitutional Court of the Russian Federation that forms the conceptual approach towards self-employment. For the first time, the activity of a self-employed individual is examined in relation to the concepts of economic, entrepreneurial, and professional activities. The problem of undefined procedural status of a self-employed individual is explored in conjunction with its undefined status in the substantive law. A conclusion is made that such activity should be classified as economic. The scientific novelty consists in posing the question of jurisdiction of disputes involving self-employed individuals. The author concludes on undefined nature of self-employed individual in the substantive law, which leads to legal uncertainty of their procedural status. The uncertainty is expressed in the absence of rules of jurisdiction over disputed involving self-employed individuals. The author makes proposal for changes to procedural legislation.

scholarly journals THE ROLE OF DECISIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN THE DEVELOPMENT OF LEGISLATION ON MASS MEDIA

2020 ◽  
Vol 36 (4) ◽  
pp. 59-62
Author(s):  
D. Sh. Pirbudagova ◽  
◽  
A.M. Omarova ◽  
Keyword(s):  
Mass Media ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Constitutional Court ◽  
The Status ◽  
The Russian Federation ◽  
Media Society ◽  
The Relationship

The article examines the legal positions of the constitutional control bodies regarding the legislative regulation of the status of mass media. The authors note that the Constitutional Court of the Russian Federation has made decisions on the issues of financing, ownership and legal regulation of mass media, the relationship between the mass media, society and the state, the content of the constitutional prohibition of censorship and its correlation with restrictions on freedom of mass media, etc. Conclusions are drawn about the conceptual nature of the decisions of the constitutional Court of the Russian Federation aimed at clarifying the constitutional and legal status of mass media and contributing to filling legal gaps in this area

Theoretical Issues of Sovereignty in Russia and Russian Law

2012 ◽  
Vol 37 (1) ◽  
pp. 95-113 ◽  
Author(s):  
Mikhail Antonov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Historical Analysis ◽  
Constitutional Court ◽  
Regional Powers ◽  
The Russian Federation ◽  
Russian Law ◽  
Legal Arguments ◽  
Soviet Russia ◽  
Theoretical Issues

AbstractThis article examines the background and the framework of discussions about the concept of sovereignty and its limits. It begins with a short historical analysis of the processes which took place in Soviet Russia leading to the 'parade of sovereignties' in the early 1990s. Afterwards, the author sketches the different approaches and doctrines upheld by the Russian Constitutional Court in several landmark decisions concerning sovereignty problems. The article focuses on the vertical dimension of sovereignty, i.e., on different conceptions adopted by federal and regional powers in post-Soviet Russia regarding the legal status of the member-republics (subjects) of the Russian Federation. The development of the doctrine of the Constitutional Court of Russia in this matter is quite illustrative as to the legal arguments used to protect the integrity of the Russian Federation against the diverse disintegrative strategies pursued by the regions.

LEGAL FICTION: METHODS OF APPLICATION IN THE CIVIL LAW OF THE RUSSIAN FEDERATION

2021 ◽  
pp. 121-130
Author(s):  
Anastasiia Artemova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Civil Law ◽  
Legal Regime ◽  
Legal Entity ◽  
Legal Fiction ◽  
The Russian Federation ◽  
Legal Uncertainty ◽  
Methods Of Application

The article examines the essence of legal fiction. Based on an analysis of the current legislation of the Russian Federation, the author has established ways of using legal fiction in civil law. It has been substantiated that legal fiction finds expression in the construction of a legal entity and the institution of fictitious transactions. Legal fiction is used to extend the legal regime of one object to another object, as well as the legal status of one subject to another subject. Legal fiction is used when it is necessary to overcome a situation of legal uncertainty, to recognize as real non-existent circumstances to restore the violated rights of persons who have suffered as a result of the actions of unscrupulous participants in civil-law transactions. Finally, the method of legal fiction is widely used by the legislator the legal economy. As a result of the study, a conclusion was made about the importance of legal fiction for the process of lawmaking.

scholarly journals Public Property Authorities

2021 ◽  
Vol 6 ◽  
pp. 16-25
Author(s):  
Andrey B. Agapov ◽  
Keyword(s):  
Intellectual Property ◽  
Federal Government ◽  
Russian Federation ◽  
Common Property ◽  
Legal Status ◽  
Public Property ◽  
The Russian Federation ◽  
The Common ◽  
The Republic ◽  
The City

The content of the powers of possession, use and disposal of public property of the federal government, the President of the Russian Federation, federal executive authorities is investigated. The article considers the prescriptions of the constitutions and charters of the constituent entities of the Russian Federation, which determine the content of the powers to manage public property, while the presence of public (state and municipal), as well as private and intellectual property is postulated directly in the Constitution of the Russian Federation. The constitutional legislation of the constituent entities of the Russian Federation determines the foundations of the legal status of another type of public property, namely the common property of the city of Moscow and the Russian Federation, along with it, the Constitution of the Republic of Sakha (Yakutia) provides for the existence of collective property.

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