THE ADVISABILITY OF AMENDING THE CONSTITUTION OF THE RUSSIAN FEDERATION: ARGUMENTS «FOR» AND «AGAINST»

Author(s):  
Anton Svetlov

The article deals with the issue of amending the main law of the Russian Federation. It is noted that the Russian Constitution contains certain provisions which contradict each other and therefore difficult to apply at practice. The author is trying to answer the question whether it is possible to change constitutional provisions without undermining the constitutional system of Russia and what is the decision-making mechanism. There are two points of view analyzed on this issue.

2017 ◽  
Vol 111 (2) ◽  
pp. 461-468 ◽  
Author(s):  
A.Kh. Abashidze ◽  
M.V. Ilyashevich ◽  
A.M. Solntsev

On April 19, 2016, in The Case Concerning the Resolution of the Question of the Possibility to Execute in Accordance with the Constitution of the Russian Federation the Judgment of the European Court of Human Rights of 4 July 2013 in the Case of Anchugov and Gladkov v. Russia in Connection with the Request of the Ministry of Justice of the Russian Federation (Anchugov & Gladkov (Russ.)), the Constitutional Court of the Russian Federation (Constitutional Court) held that decisions of the European Court of Human Rights (ECtHR) are binding on Russian courts, in accordance with Article 15(4) of the 1993 Constitution of the Russian Federation. At the same time, the Constitutional Court stressed the necessity of ensuring a reasonable balance between the obligation to implement ECtHR judgments and respect for the fundamental principles of the Russian Federation's constitutional system. The Constitutional Court found that because the ECtHR judgment in question implicitly conflicted with provisions of the Russian Constitution, Russian courts are not obliged to comply with the judgment regarding issues that remain in conflict; however, other means are available to the Russian legislature to give effect to the judgment. While the decision marks an important development in Russia's relationship with the European system of human rights, it is not inconsistent with the approach taken by a substantial number of European domestic courts in holding that treaty obligations to enforce decisions of international courts cannot justify violating domestic constitutional norms.


2021 ◽  
Author(s):  
Mariya Varlen ◽  
Konstantin Mazurevskiy

The textbook provides an in-depth comprehensive scientific analysis of the legal status of representative bodies at the federal, regional, and municipal levels, taking into account the results of the ongoing reform of constitutional legislation and law enforcement practice, various points of view on controversial issues. Special attention is paid to the problems of the implementation of the powers and the procedure for the formation of representative bodies; the legal status of a deputy of a representative body is studied in detail, the forms of activity of deputies are characterized. For students of master's and postgraduate studies in the field of "Jurisprudence". It can be useful for undergraduate and specialist students, as well as for studying the problems of representative democracy and conducting relevant theoretical and applied scientific research.


Author(s):  
Zafer Yildirim

Ukraine's efforts to unite the EU since it gained independence caused some splits in the heterogeneous Ukrainian society. They induced discontent within the Russian Federation as well; because Russia considers itself the inheritor of the former United Soviet Socialist Republic. When Ukrainian President Yanukovych announced that the partnership treaty with the EU was suspended just before the due date for signing, a crisis broke out in Ukraine. Consequently, Yanukovych left the country. Russia reacted to the situation by invading Crimea. Moreover, the EU's Ukraine policy was not clear enough. The main objective of this study is to reveal if Russia was hindering Ukraine's integration to the EU or it was the motive for the process. There are different points of view on that matter. In this chapter, those points will be analyzed under the following subtitles: “Russian Politics of Ukraine”, “EU-Ukraine Relations”, and “EU-Russia Relations.”


Author(s):  
Butler William E

This chapter explores the role of Soviet and post-Soviet Russian courts in interpreting and applying international treaties. It is clear that Soviet courts dealt more frequently with treaties than the scanty published judicial practice of that period suggests. This early body of treaties may also have contributed to the emergence in the early 1960s of priority being accorded to Soviet treaties insofar as they contained rules providing otherwise than Soviet legislation. Whatever the volume of cases involving treaties that were considered by Soviet courts prior to 1991, the inclusion of Article 15(4) in the 1993 Russian Constitution transformed the situation. A further transformation occurred when the Russian Federation acceded to the 1950 European Convention on Human Rights and Fundamental Freedoms and began to participate in the deliberations of the European Court for Human Rights in Strasbourg.


2019 ◽  
Vol 91 ◽  
pp. 08045 ◽  
Author(s):  
Anatoly Shevchuk ◽  
Andrey Prorokov

The works, performed for the last three years at the request of various ministries and departments for decision-making on transition of the Russian Federation to green economy, are considered and critically analysed in the article. The purpose is to formulate the main approaches to the measurement of green economy, the concept of transition, measures for realization, etc. The results, received by the authors of this research, were used within the preparation of the meeting of the State Council, held on December, 27, 2016, and they can become the basis for the development of the scientifically proved Concept of transition of the Russian Federation to green economy and for the preparation of “Methodological recommendations on the inclusion of an ecological component in investment projects of regions in Russia”. The research was carried out on the basis of the Russian practice. However the research materials can be used both by domestic and foreign experts, who are engaged in studying green economy, green growth, green technologies, sustainable development, greening of economy, and for the heads, who are responsible for the economy development.


European View ◽  
2018 ◽  
Vol 17 (2) ◽  
pp. 181-188
Author(s):  
Jakub Janda

The Russian Federation has become a rogue state in international relations, invading and occupying the territories of three European countries (Moldova, Georgia and Ukraine), waging war in the Ukrainian territory, producing massive disinformation campaigns against the West, threatening the Baltic republics, and interfering in various elections and referendums. Despite Russia’s aggressive behaviour, the West’s response to it has been significantly limited, particularly when it comes to non-military deterrence by Continental Europe. The US and the UK are leading the punishment of Russia’s aggression, while many countries, mainly in Western and Southern Europe, are hesitant to respond to this threat. This article makes recommendations as to what should be done in practical terms to boost the European portion of the Western response to Russian aggression from the political and policy points of view.


2018 ◽  
Vol 22 (11) ◽  
pp. 51-55 ◽  
Author(s):  
S.G. Kharchenko ◽  
E.Yu. Dorokhina

The article is devoted to the analysis of the basic risks of the Russian Federation environmental policy. Unresolved problems of the environmental policy are considered and analyzed. The main reasons of insufficient scientific and methodological basis of this document, its structure, principles and priorities are investigated. An alternative view on the content of the strategy is substantiated, possible ways of quantitative strategy development based on scenario analysis and Decision Analysis scientific direction are considered in the article. An essential peculiarity of this strategy development approach is the assessment of the decision-making consequences in terms of costs, benefits and risks. This approach fully corresponds to the economy digitalization trend noted in the May presidential decree.


2015 ◽  
Vol 10 (6) ◽  
pp. 169-174
Author(s):  
Болотин ◽  
Vladimir Bolotin ◽  
Паньков ◽  
Sergey Pankov

In the article the need of reasonable restriction of human rights and freedoms in modern conditions of increase of various threats for the constitutional system of Russia is shown; the results of modern research in this area, as well as the position of the European Court of Human Rights, the Constitutional Court of Russia, Supreme Court of the Russian Federation are revealed. Defined The system of restrictions, acting legal instrument for the protection of the constitutional order, the conditions and criteria for the limitation of rights and freedoms .


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