scholarly journals V. S. Nersesyants’ Political and Legal Ideas about the Rule of Law State and Their Reflection in the Constitution of the Russian Federation and the Constitution of the Republic of Armenia

wisdom ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 192-198
Author(s):  
Vladislav PANCHENKO ◽  
Ivan MAKARCHUK ◽  
Valery VLASENKO ◽  
Nadezhda ALEKSEEVA ◽  
Natalya FROLOVA

Since the inception of the idea of the rule of law state, the problems of its formation and development have always been in the focus of attention of progressive countries, as well as humanities scholars. During the years of perestroika, for the purposes of prospective legal construction, V. S. Nersesyants formulated the distinctive features and components of the rule of law state, without which the existence of the rule of law state is impossible. Well-known historical events led to the beginning of the formation of a new legal space on the territory of the Russian Federation and the Republic of Armenia, which is primarily due to the adoption of basic laws - the Constitutions of these countries. This article examines the political and legal views of V. S. Nersesyants about the rule of law state. The analysis revealing the reflection of his ideas in the Constitution of the Russian Federation and the Constitution of the Republic of Armenia is carried out.

2021 ◽  
Author(s):  
Aleksandr Red'ko ◽  
Sergey Nistratov

For the first time, the monograph examines new phenomena of the political and legal life of the Russian Federation (legal monitoring and international control) as legal instruments that guarantee compliance with the rule of law. It is intended for cadets, students, adjuncts and teaching staff of educational organizations of the Ministry of Internal Affairs of Russia.


Author(s):  
Вячеслав Севальнев ◽  
Vyacheslav Sevalnev

The article deals with the strategy of anti-corruption on the example of Russian Federation and the People’s Republic of China. The author conducts a comparative analysis of the strategies developed in Russia and China, considering the appropriate anticorruption practices. The author concludes that the anti-corruption strategies in these countries have some common approaches, but there are significant differences in applying approaches, for example, there are great opportunities for incorporation of information and telecommunication technologies in the law enforcement practice of the Russian Federation, taking into account the positive experience of the People’s Republic of China. Also the experience of China is very interesting in the discourse of the rule of law, inevitability of punishment and the absence of selective justice against corrupt officials. In turn, for the Chinese experts can be interesting the experience of the institutionalization of anti-corruption efforts, which is reflected in anti-corruption plans, which are developing and adopting twice a year in a legal space of the Russian Federation.


1974 ◽  
Vol 64 ◽  
pp. 62-78 ◽  
Author(s):  
A. W. Lintott

The battle of Bovillae on 18th January, 52 B.C., which led to Clodius' death, was literally treated by Cicero in a letter to Atticus as the beginning of a new era—he dated the letter by it, although over a year had elapsed. It is difficult to exaggerate the relief it afforded him from fear and humiliation for a few precious years before civil war put him once more in jeopardy. At one stroke Cicero lost his chief inimicus and the Republic lost a hostis and pestis. Moreover, the turmoil led to a political realignment for which Cicero had been striving for the last ten years—a reconciliation between the boni and Pompey, as a result of which Pompey was commissioned to put the state to rights. Cicero's behaviour in this context, especially his return to the centre of the political scene, is, one would have thought, of capital importance to the biographer of Cicero. Yet two recent English biographies have but briefly touched on the topic. It is true that, in the background of Cicero's personal drama, Caesar and Pompey were taking up positions which, as events turned out, would lead to the collapse of the Republic. However, Cicero and Milo were not to know this, nor were their opponents; friendly cooperation between the two super-politicians apparently was continuing. Politicians on all sides were still aiming to secure power and honour through the traditional Republican magistracies, and in this pursuit were prepared to use the odd mixture of violence, bribery and insistence on the strict letter of the constitution, which was becoming a popular recipe. In retrospect their obsession with the customary organs of power has a certain irony. Yet it is a testimony to the political atmosphere then. Their manoeuvres are also important because both the instability caused by the violence of Clodius and Milo, and the eventual confidence in the rule of law established under Pompey's protection, helped to determine the political position of the boni associated with Pompey in 49 B.C. Cicero's relationship with Milo is at first sight one of the more puzzling aspects of his career. What had they in common, except that Milo, like most late Republican politicians, was at one time associated with Pompey? Properly interpreted, however, this relationship may not only illuminate Cicero's own attitudes but illustrate the character of the last years of Republican politics.


Author(s):  
M.N. Tarsheva

Legal procedures in a state governed by the rule of law are a kind of guarantor of legality and protection of citizens' rights, and therefore issues related to the development and improvement of the procedural mechanism are among the top priorities. The procedural mechanism is the most important structural element of the legal regulation system, which includes entire procedural branches. The article substantiates the need to develop and legislate procedures within which actions can be carried out to reconcile and make amends for harm, compensation for damage or otherwise make amends for harm (since gaps and shortcomings in the legislation associated with the lack of procedural mechanisms do not allow to fully realize the human rights potential of Articles 25, 25.1, 28 Part 1, 28.1 of the Criminal Procedure Code of the Russian Federation), as well as the need to classify these procedures (which has not been previously carried out). The author proposes to divide such procedures into conciliatory and restorative ones. The author's definitions of conciliation and restorative procedures in pre-trial proceedings are given.


Author(s):  
V. V. Rudenko

The article critically examines the changes of federal legislation concerning the human rights commissioners in the subjects of Russian Federation adopted in 2015 and 2020 in the framework of the Venice and Parisian principles. It analyses three main trends in the development of the institution of the human rights commissioners in the subjects of the Russian Federation — ensuring their independence at the regional level, expanding of their functions and competence, and integrating them into the system of ombudsmen in Russia. The author draws attention to the potential of this institution to promote the rule of law in Russia. The article concludes that changes in federal legislations have indicated the institualisation of the human rights commissioners at the regional level in Russia, have increased the authority of this post in the subjects of Russian Federation and have given a new impetus to development of this institute.


2019 ◽  
Vol 13 (2) ◽  
pp. 193-200
Author(s):  
M. P. Рronina ◽  

The article is devoted to one of the current areas of legal science related to the problems of interpretation the norms of General Part of the Criminal Code of the Russian Federation. The interpretation of legal norms is the activity of state bodies, non-governmental organizations and individuals to clarify and explain the meaning of legal norms embedded by the legislator in them and the actual content of the legal provisions (regulations, definitions) contained in them in order to implement them correctly and improve the effectiveness of legal regulation public relations. The interpretation of legal norms is a complex volitional process aimed at establishing the exact meaning of the rule of law. This process consists of two elements: 1) the interpreter (interpreter) clarifies the content of the legal norm for himself; 2) then in order to establish its equal understanding and application it clarifies the meaning of the legal prescription to all interested parties. The first part of this activity – clarification – characterizes the epistemological nature of interpretation aimed at the knowledge of law. Understanding acts as a thought process taking place in the mind of the subject applying the rule of law. The explanation is the second part of a unified process of interpretation the law addressed to other parties to a relationship. It is carried out by the competent authorities and persons in order to eliminate ambiguities in understanding the content of the norm and thus ensure its correct application to the circumstances for which it is aimed. Subjects of interpretation may be public authorities, officials, organizations, enterprises, institutions, individuals. The objects of interpretation are laws and regulations. Legal interpretation is an activity that from a practical point of view is connected with the completion of the regulation of life relations by law. Legal norms as a result of interpretation become ready for implementation, practical implementation. The presented scientific article examines the interpretations given by the highest judicial instance, which showed that in some cases they contain contradictions that violate the legal and technical rules. Examples of the interpretation of criminal court decisions of the Plenum of the Supreme Court of the Russian Federation are given, and author’s editions are proposed.


2021 ◽  
Vol 9 (2) ◽  
pp. 168-177
Author(s):  
Lidia Prisac

The article reveals the historiographical approach of Transnistrian separatism in the works of pro-separatist authors, Russian and those publicized in the Eastern part of the Republic of Moldova. The author presents the works that appeared until 2005. As it is ascertained, researchers dwell upon the Transnistrian separatism problem from the position of the environment they were rooted in, projecting their research results on the present and the future, or out of the need to aliment and decode their identity, to feed their imagination. The pro-separatist historiography includes the same ideas regarding the MSSR history. This means nothing but “the translation” of the past into present or the mechanic and passionate protection of the present into the past, the positive or negative capitalization of historical events, or decline in the run of deformation and fabrication in pro-separatist historiography was produced due to an ideological approach of the Transnistrian problem. Albeit, generally speaking, all authors both from Transnistria and the Russian Federation recognize the impact of the Russian Federation in generating and perpetuating the Transnistrian separatism.


Author(s):  
Александр Анатольевич Беженцев

Автором исследуется гносеология форм вины в зависимости от степени общественной опасности, делается вывод о том, что признание административным законодательством виновности свойством всех административных правонарушений имеет исключительно важный смысл, так как способствует точному соблюдению принципов социальной справедливости, дальнейшему укреплению законности в стане и отвечает не только требованиям последующего развития административного права, но и нуждам правоприменительной практики административно-юрисдикционной деятельности. Одним из обязательных юридических признаков понятия административного правонарушения является и наказуемость деяния, так как в действующем КоАП РФ применяется как термин «наказание», так и «взыскание». Автор разграничивает данные понятия, делает вывод о том, что наказуемость является одним из необходимых признаков понятия административного проступка, поскольку без административного правонарушения не возможно наказание, точно так же как без причины нет следствия. The author examines the ontology of forms of guilt depending on the degree of public danger, concludes that the recognition by administrative legislation of guilt as a property of all administrative offenses has an extremely important meaning, as it contributes to the exact observance of the principles of social justice, further strengthening the rule of law in the camp and meets not only the requirements the subsequent development of administrative law, but also the needs of law enforcement practice of administrative jurisdictional activity awns. One of the mandatory legal features of the concept of an administrative offense is the punishability of the act, since the term «punishment» and «foreclosure» are used in the current Code of Administrative Offenses of the Russian Federation, the author delimits these concepts, concludes that punishability is one of the necessary features of the concept of administrative misconduct, since without an administrative offense punishment is not possible, just as without a reason there is no investigation.


2021 ◽  
Vol 1 ◽  
pp. 17-23
Author(s):  
Svetlana V. Narutto ◽  
◽  
Andrey V. Bodrov ◽  

Purpose. Justification of the need to approve the nomenclature of scientific specialties in full by order of the Ministry of Science and Higher Education of the Russian Federation with state registration with the Ministry of Justice of the Russian Federation. Methodology: the formal legal method, the method of interpretation of the rule of law and comparative legal method. Conclusions. The article substantiates the need to approve the nomenclature of scientific specialties in full by order of the Ministry of Science and Higher Education of the Russian Federation with state registration at the Ministry of Justice of the Russian Federation, and not in any part of it. The authors of the article adhere to the current (current) model of approval and functioning of the nomenclature of scientific specialties for which academic degrees are awarded. Scientific and practical significance. Arguments are made for maintaining the current regime for making changes and the functioning of the nomenclature of scientific specialties for which academic degrees are awarded.


2020 ◽  
Vol 11 ◽  
pp. 68-72
Author(s):  
Olga S. Polikarpova ◽  

The relevance of the article is due to the imperfection of the criminal procedure law of the Russian Federation in terms of the institution of suspicion. The author examines the distinctive features of the provisions of Russian law and the criminal procedure law of the Republic of Kazakhstan relating directly to the institution of suspicion and, in order to minimize permissible for criminal proceedings under Russian law, procedural violations, attention is drawn to the possibility of improving the reporting Institute by reforming criminal procedure law of the Russian Federation as a whole with a focus on the introduced in the criminal procedural legislation of the Republic of Kazakhstan the criminal procedural model.


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