scholarly journals Development of constitutional and legal regulation of the political system in Russia

2021 ◽  
Vol 7 (2) ◽  
pp. 655-661
Author(s):  
Marina Mikhailovna Kuryachaya ◽  
Kristina Yu. Polyakova ◽  
Larisa Kudryavtseva
Keyword(s):  
Russian Federation ◽  
Political System ◽  
Legal Regulation ◽  
Constitutional Reform ◽  
The Political ◽  
Public Power ◽  
The Russian Federation

This article is devoted to the study of the formation and modern constitutional consolidation of the system of public power in the Russian Federation as a reflection of the existing political system. According to the authors, the constitutional reform-2020 in Russia consolidated the existing position in the organization of power in the Russian Federation, however, the norms of the Constitution of the Russian Federation in this area need both further implementation in legislation and improvement in the next cycle of constitutional reform.

scholarly journals The Public Power System in the Russian Federation: New Approaches to Legal Regulation under the Constitutional Reform

Lex Russica ◽  
2020 ◽  
pp. 42-53
Author(s):  
S. S. Zenin
Keyword(s):  
Power System ◽  
Russian Federation ◽  
Constitutional Law ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Reform ◽  
Public Power ◽  
Checks And Balances ◽  
The Public ◽  
The Russian Federation

The paper is devoted to the examination of the Russian system of public power in the context of the constitutional reform. The aim of the study is to carry out a comprehensive theoretical and legal analysis of the current state of consolidation of the public power system in Russia under constitutional law. The author has examined the regulatory legal acts that mediate the implementation of the constitutional reform in Russia; doctrinal sources and significant foreign experience relevant to the subject matter of the study. Methodologically, the study is based on general philosophical, general scientific, private scientific, special scientific methods. The paper defines the fundamental properties of the system of public power enshrined in the Constitution of the Russian Federation with due regard to such parameters as the peculiarities of the construction of federal relations as the fundamental functions and powers of public authorities allocated vertically, the state of the system of separation of powers in the context of checks and balances, the level of legal protection and autonomy of local authorities. The author has determined that the constitutional reform regarding the consolidation of the system of public power has encouraged development and strengthening of the principle of subsidiarity when differentiating jurisdictions and powers in relations between the state authorities of the Russian Federation and its constituent entities; clarification of the spatial limit of the governmental rule of the Federation by means of constitutional legitimation of Federal Territories; creation of the basis for overcoming the “conflict of competences (jurisdictions)” between state and municipal levels of power in order to ensure the constitutional law balance between the branches of state power at the federal level to prevent the development of non-systemic conflicts in the system of checks and balances and the emergence of constitutional crises of power. A suggested system of public power retains the necessary discretionary mechanisms to adjust the mechanism of its individual elements in order to achieve a balance between public functions, powers and tasks to be solved.

Constitutional control in the subjects of the Russian Federation: how it can be after the abolition of constitutional (statutory) courts

2021 ◽  
pp. 65
Author(s):  
Vladimir A. Kryazhkov
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Reform ◽  
Legal Institution ◽  
The Status ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Creation ◽  
Statutory Control

The article is devoted to the problems of constitutional control in the subjects of the Russian Federation. The article examines its origins related to the formation and functioning of constitutional (statutory) courts at this level, reveals the reasons that did not allow the constitutional justice of the subjects of the Russian Federation to become a full-fledged state legal institution for 30 years. It is shown how, as a result of the constitutional reform, these courts were abolished, and a recommendation of the federal legislator appeared on the creation of constitutional (statutory) councils under the legislative (representative) state authorities of the subjects of the Russian Federation instead of them. The article analyzes the legal regulation of the organization and activities of such bodies in domestic and foreign practice. Taking this into account and based on the existing constitutional and legal possibilities, proposals are formulated on the status of these councils (their nature, the procedure for their formation and work, powers and decisions), which allows them to be an effective body of constitutional (statutory) control in the subjects of the Russian Federation.

scholarly journals Totalitaryzm i wolność w świetle paradygmatów kultury. Współczesna Rosja

2021 ◽  
Vol 8 ◽  
pp. 69-83
Author(s):  
Małgorzata Abassy
Keyword(s):  
Russian Federation ◽  
Political System ◽  
State Power ◽  
The Political ◽  
Russian Culture ◽  
Cultural Paradigms ◽  
The Russian Federation ◽  
Vladimir Putin ◽  
Research Period

The presented paper is of a theoretical character. It includes a reflection on the mechanisms behind the rebirth of totalitarianism, using contemporary Russia as a case study. The research period taken as exemplification for the theoretical part comprises years 2000–2020 and was chosen for three reasons, mutually interconnected. The first among them is the election of Vladimir Putin, regarded as a strong symbolical representation of centralized state power, as the president of Russian Federation. Secondly, the consolidation of power in the hands of one man who had the tools to control and affect the political system. Thirdly, the modification of the Russian Federation Constitution to favor the durability of Putin’s government. The presented results point to the mechanisms behind the activation of totalitarian tendencies in Russian culture in the light of long-lasting cultural paradigms: collectivism and con-centrism.

scholarly journals PUBLIC CONTROL IN THE SYSTEM OF LOCAL SELF-GOVERNMENT: BASES AND FEATURES

2019 ◽  
Vol 23 (3) ◽  
pp. 311-332
Author(s):  
Nikolay L. Peshin
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Municipal Government ◽  
State Power ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Public Power ◽  
Public Control ◽  
The Russian Federation

Legal regulation of issues of public control and supervision is one of the problems of legal theory and practice. Underestimating of the place and features of municipal control in the system of public control and supervision is the cause of the poor quality of legal decisions taken, as well as legislation adopted at the level of both the Russian Federation and individual constituent entities of the Russian Federation. Municipal control in the system of public control and supervision, developing recommendations aimed at overcoming the shortcomings of legal regulation and practice of implementing municipal control. Methods: general and private scientific methods of cognition of objective reality (analysis, synthesis, abstraction, analogy, comparative legal, formal legal, and other methods of scientific cognition). The article deals with issues of relationship between state and municipal (public) control carried out by local self-government bodies - as a rule, due to the need to solve tasks that fall within the competence of state power. The problems of its independent implementation are studied based on the principles of local self-government - self-organization and self-control. A detailed analysis of the current legislation, allowing local governments to act as “controlling agents” of state power, is conducted, and based on this analysis, conclusions are made about the existing of municipal public control in the system of local self-government as a specific public phenomenon combining elements of public law and private law regulation. As a state, the Russian Federation is faced with the task of drastically improving the system of control (supervision) as a function of public power, and therefore the already initiated legal reform in this area will undoubtedly continue. In the context of the development of civil society and an open state, the development of forms of public control is also necessary, the lack of which creates a sense of “permissiveness” among the subjects of public power and inevitably leads to a decrease in the efficiency of public authority. Municipal public control within the framework of this system of public-state control should be oriented, including intra-system, at identifying deficiencies in the work of the bodies and officials of local self-government that impede the improvement of the quality of management and organizations. As a result, municipal public control should contribute to a safer for citizens to work and provide services to individuals and legal entities. Sphere of constitutional, administrative and municipal law; questions of the organization of state power and local self-government in the subjects of the Russian Federation; questions of control and supervisory activities. Separate existence of municipal authority does not mean the lack of interaction of local selfgovernment with state administration, non-coincidence of municipal formations under the influence of state-governmental structures, denial of influence of state on local self-government. State power has a significant impact on development of basic social processes predetermining the peculiarities of the implementation of public control by the municipal government. The implementation of supervisory activities, including at the local government level, is an important part of the stable, uninterrupted functioning of the state.

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.

SCENARIOS OF STABILITY AND VARIABILITY OF THE RUSSIAN INSTITUTE OF PRESIDENCY IN THE CONTEXT OF SOCIAL AND POLITICAL TRANSFORMATIONS

2019 ◽  
Author(s):  
О.N. GRISHAEVA ◽  
О.А. NESTERCHUK ◽  
V.P. BELYAEVA
Keyword(s):  
Russian Federation ◽  
Political System ◽  
The Political ◽  
Political Transformations ◽  
The Future ◽  
The Russian Federation ◽  
Expert Community

In the article, the authors reviewed some scenarios for the development of the institute of presidency in modern Russia. The attention is focused on the fact that in the future the institute of the presidency will strengthen. The expert community explores the prospects for the development of the political system in modern Russia during V.V. Putins fourth presidential term and the issue of prospects and possible change in the Constitution of the Russian Federation.

CONCEPTUAL AND METHODOLOGICAL FOUNDATIONS OF THE POLITICAL AND LEGAL ANALYSIS OF THE CONSTITUTIONAL REFORM IN THE RUSSIAN FEDERATION 2020 (EXPERIENCE OF EXPERT ASSESSMENTS)

2020 ◽  
Vol 15 (6) ◽  
pp. 88-102
Author(s):  
A.V. GLUKHOVA ◽  
◽  
D.V. SHCHEGLOVA ◽  
Keyword(s):  
Russian Federation ◽  
Political System ◽  
Political Regime ◽  
Professional Activity ◽  
The Political ◽  
Legal Analysis ◽  
Age Cohorts ◽  
Aged People ◽  
The Russian Federation ◽  
The Stability

The purpose of the article is to study the conditions and consequences of reforming the political system by adjusting the Constitution as its political and legal basis. The research methodology in solving the assigned tasks is the political, legal and legal approaches in the interpretation of the legality and legitimacy of the decisions made; systemic, communicative and conflictological approaches in assessing the transformation of the political and legal foundations of the political regime. An all-Russian expert survey was conducted (70 experts, 25 cities of the Russian Federation), which made it possible to assess the content of the amendments made to the Constitution of the Russian Federation in terms of the emergence of risks to the stability of the political system. As a result of the performed political science analysis, the attitude of experts to the content and procedure for amending the Constitution of the Russian Federation was revealed. According to experts, the most illegal are (in descending order): "zeroing" of presidential terms; popular vote; form of amending the Constitution of the Russian Federation. Among those who consider the amendments to be legal, there are more representatives of two age cohorts: up to 40 years old and over 64 years old, although negative assessments remain dominant in this case. Middle-aged people are more critical. The scientific degree (doctors / candidates of science), as well as the field of professional activity (lawyers / non-lawyers) practically do not differ in assessing the legal nature of the amendments made to the Constitution of the Russian Federation (with the exception of certain points).

scholarly journals MODERNIZATION OF THE POLITICAL SYSTEM OF RUSSIA:

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Diana R. Fatykhova ◽  
Alexandr I. Ostroumov ◽  
Olga F. Ostroumova
Keyword(s):  
Russian Federation ◽  
Political Institutions ◽  
Political System ◽  
Research Result ◽  
Political Life ◽  
The Political ◽  
Russian Society ◽  
Modern Development ◽  
The Russian Federation ◽  
Strategic Goal

The article examines the issue of modernization of the political system of Russia. Formation of a democratic political system is an integral part of Russia's modernization strategy. The relevance and objective need to develop an innovative strategy for the modernization of the political sphere of life in Russian society is determined by the inefficiency of existing political institutions, outdated principles, methods, technologies of organization and management, their inconsistency with modern realities, effective resolution of internal problems and global external challenges. The objective meaning of modernization is determined by modern Russian conditions, the nature of issues and contradictions that require their urgent solution.The study purpose is to develop a strategy for the innovative development of the political system of the Russian Federation. Achievement of this goal requires consideration of the basic conditions and contradictions of the modern development of the political system of the Russian Federation, the most important areas and priorities that contribute to its modernization.As a methodological base for the study, the work includes the following approaches and methods: systemic, structural-functional approaches, sociological, logical, historical and comparative methods, as well as analysis of conditions and contradictions that need to be resolved and contribute to the modernization of the political life of modern Russia.As a research result, we came to the following conclusions: 1. Modernization of the political system of the Russian Federation is an objectively necessary process. However, it is not the result of consensus, but a competition between innovators, conservatives and observers. 2. The strategic goal of modernizing the political system of Russian society is to make Russia one of the leading sovereign powers, with a republican democratic form of government, in which a person lives freely and comfortably. 3. Modernization of the political system shall cover the institutional (state, parties), communicative, regulatory and spiritual and ideological subsystems of Russia. 4. The result of democratic modernization of the political system shall be the formation of political institutions that really reflect and express the interests of social groups and strata and contribute to the formation of solidary community. 5. Creation of a system of ideas and values understandable to the majority of the population, and capable of uniting various layers and groups to carry out modernization. 6. As a result of modernization of the political system as a system of determining goals and priorities, the innovative mechanism becomes an inherent attribute of the development of Russian society. This is the strategic goal of modernization in Russia

scholarly journals Discussing the Political and legal importance of the 2020 Russian Constitutional Reform

2021 ◽  
pp. 24-35
Author(s):  
Gyul'naz Eldarovna Adygezalova ◽  
Marina Mikhailovna Kuryachaya ◽  
Ruslan Mukharbekovich Dzidzoev ◽  
Irina Valerevna Shapiro
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
State University ◽  
Russian Scientific ◽  
Protection Of Human Rights ◽  
Municipal Law ◽  
The Russian Federation ◽  
Scientific Practical

This article provides an overview of the speeches given by the participants of the All-Russian Scientific Practical Conference including international members “2020 Russian Constitutional Reform: political and legal importance” held remotely on December 4, 2020 by the Department of Constitutional and Municipal Law of Kuban State University jointly with the Interregional Association of Constitutionalists of Russia in Krasnodar Krai. The author describes the key provisions of the reports of the Russian and foreign participants, as well as messages received by the organizational committee of the conference. The general conclusions on the conference results are formulated. In the course of discussions were outlined the primary theoretical problems and practical aspects of constitutional legal development, as well as the trends of further improvement of the legislation. Within the framework of the discussion of 2020 constitutional reform, the participants placed emphasis on the peculiarities of modern Russian constitutionalism, its historical and theoretical aspects; questions of social and civil activism, expansion of the constitutional principles of civil society; renewal and transformation of the entire system of legal regulation; enhancement of the social component in the Constitution; consolidation of the unity of public authority; changes in the judicial system, broadening of competence of the Constitutional Court of the Russian Federation; networking of public legal relations; protection of human rights and fundamental freedoms, guarantees of rights and support of particular categories of Russians (minors, compatriots residing outside of Russia, etc.); correlation between the norms of international and national law. A number of participants gave attention to voting on the amendments to the Constitution of the Russian Federation.

scholarly journals Farce of the authoritarian regime: on the issue of amendments to the Russian Federation Constitution — 2020

2020 ◽  
Vol 2 ◽  
pp. 41-49
Author(s):  
Yuriy Ershov
Keyword(s):  
Russian Federation ◽  
Political System ◽  
Authoritarian Regime ◽  
The State ◽  
Political Regime ◽  
The Political ◽  
The Russian Federation

The article is devoted to assessing the reasons and meaning of amendments to the Russian Federation Constitution made by the current political regime. The manner in which the amendments were adopted together with their content demonstrates inability of the state and the political system as a whole to govern and rule in accordance with the principles and norms of democracy and law. The concept of “unworthy governing” is used to characterize the existing mechanism of power and management of society in Russia.

Sign in / Sign up

Export Citation Format

Share Document