How the constitutional reform of 2020 changed the constitutional Court of the Russian Federation

2020 ◽  
pp. 18 ◽  
Author(s):  
V. Kryazhkov
Keyword(s):  
Russian Federation ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
The Russian Federation

scholarly journals The Constitutional Court of the Russian Federation as a subject of constitutional responsibility

2020 ◽  
Vol 4 (4) ◽  
pp. 23-34
Author(s):  
Natalia A. Bobrova
Keyword(s):  
Russian Federation ◽  
Complex Analysis ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Democratic State ◽  
Russian President ◽  
Scope Of Application ◽  
The Russian Federation ◽  
The Right ◽  
Constitutional Legitimacy

The subject of the article is justification of the main elements of the constitutional responsibility of the Russian Constitutional Court in the context of constitutional reform. The purpose of the article is confirmation or refutation of the hypothesis that the Constitutional Court must be subject to constitutional responsibility. The methodology. The author uses methods of complex analysis of legislation, synthesis, as well as formal-logical and formal-legal methods. The main results, scope of application. Russia as a democratic state excludes the existence of legally irresponsible subjects of state power. It concerns the Constitutional Court of the Russian Federation. Legal irresponsibility characterizes only the absolute monarchy. The article comprehensively examines the problem of responsibility of the Constitutional Court of the Russian Federation, the reasons for the poor development of this institution in legislation and academic literature are also considered. The reasons for the Constitutional Court's dependence on the President of the Russian Federation as a "guarantor of the Constitution of the Russian Federation" have been systemized. The author considers duumvirate of guarantors of constitutional legitimacy as a nonsense. The reasons for the Constitutional Court's peculiar use of the law of the legislative initiative are considered. This initiative was used only in the direction of increasing the term of the powers of judges of the Constitutional Court from 65 up to 70 years. The life-long status of the President of the Court is seen as a violation of the principle of equality of judges, which is the most important guarantee of the independence of the Constitutional Court. Constitutional reform-2020 completed the process of dependence of the Constitutional Court on the President of the Russian Federation and the "second government" - the Administration of the Russian President. Some constitutional and legal torts of the Constitutional Court of the Russia are considered also. The author comes to the conclusion that judges of the constitutional court have a special responsibility - political, moral and historical. The main questions are need to be resolved: who has the right to state the torts of the constitutional court and what are the consequences of this statement?

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 Constitutional Reform 2020 in Russia (Selected Issues)

2020 ◽  
Vol 15 (8) ◽  
pp. 22-31 ◽  
Author(s):  
V. V. Komarova
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
The State ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Public Power ◽  
Constitutional Level ◽  
The Russian Federation

On the basis of the analysis of Law of the Russian Federation on Amendment to the Constitution of the Russian Federation as of March 14, 2020, No 1-FKZ “On improvement of regulation of certain issues of organization and functioning of public power,” legislation, acts and legal standings of the Constitutional Court of the Russian Federation, as well as the practice of transforming the Constitution of Russia, and Presidential directives, the author investigates some issues concerning the Constitutional Reform 2020 initiated by the Head of the State. The paper examines the issues of the new constitutional approach to the implementation of the principle of separation of powers, some additional powers of the President of Russia in the context of their expansion. The author argues her view concerning consideration of some legal phenomena rooted in the legal reality of Russia at the constitutional level on the example of the terms “public power” and “instructions of the President of the Russian Federation.” The author monitors the dynamics of formation and manifoldness of instructions of the President of the Russian Federation. The paper highlights some terms and definitions that are new for the constitutional level, some of which can be considered as goals in the development of public and state life. The paper formulates author’s assessments and conclusions, author’s opinion concerning the ongoing transformations of the Constitution of Russia and, at the same time, it is proposed to continue scientific discussions devoted to the implementation of the proposed constitutional novellas.

Questions of federal structure in the revised version of the Constitution of Russia

2020 ◽  
pp. 29-41
Author(s):  
Ruslan Mukharbekovich Dzidzoev
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Federal Law ◽  
Constitutional Amendments ◽  
Systemic Analysis ◽  
General Scientific ◽  
The Russian Federation ◽  
Federal Structure

The subject of this research is the questions of constitutional reform regarding the federal structure of Russia, which require scientific assessment. The object of this research is the legal acts that laid the groundwork for the constitutional reform in Russia: Message of the President of the Russian Federation to the Federal Assembly of the Russian Federation of January 15, 2020; Law on the Amendment to the Constitution of the Russian Federation; Conclusion of the Constitutional Court of the Russian Federation on Conformity with the Amendment of the Current Constitution of Russia. Detailed analysis is conducted on the content of the constitutional amendments, their correlation with the legal logic and the needs of constitutional federal progress in Russia. The combination of applied methods (general scientific and private scientific, such as formal-legal, comparative-legal, systemic) allows determining the degree and limits of impact of the constitutional amendments upon the federal structure of Russia. The key conclusions consist in ascertainment of the large-scale constitutional federal reform in Russia oriented towards the principles of state unity and territorial integrity, which received prominent and holistic reflection in the revised version of the Constitution; need to complete federal reform at the current legislative level via amending the Federal law “On The General Principles Of Organization of Legislative (Representative) and Executive Authorities of Constituent Entities of the Russian Federation”, as well as the Constitution and statues of the constituent entities of the Russian Federation, which should be brought into compliance with the new revision of the Main Law of Russia. The author's special contribution to this research lies in a systemic analysis of recent amendments to the Constitution of Russia, which testify to substantial changes in federal structure of the country. The novelty is defined by the analysis of new constitutional provisions characterizing the content of the constitutional reform in Russia with regards to federal structure, which have not been previously examined in legal science.

scholarly journals The questions of organization of state power in new revision of the Constitution of the Russian Federation

2020 ◽  
pp. 156-166
Author(s):  
Ruslan Mukharbekovich Dzidzoev
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Dominant Role ◽  
Presidential Address ◽  
State Power ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
Checks And Balances ◽  
The Russian Federation

The subject of this research is the organization of state power in Russia in light of the amendments to the Constitution of the Russian Federation introduced in 2020 that require systematic scientific assessment. The object of this research is the legal acts that laid groundwork for the constitutional reform in Russia: Presidential Address to the Federal Assembly of the Russian Federation of January 15, 2020,  Law on Amendments to the Constitution of the Russian Federation, Opinion of the Constitutional Court of the Russian Federation on correspondence of the amendment to the current Constitution of Russia. The author examines the content of the constitutional amendments, their reference with legal logic and requirements for the constitutional progress in Russia. The following conclusions were formulated: the significance and magnitude of the recent constitutional amendments allows speaking of the large-scale constitutional reform that adumbrates the new stage of constitutional evolution in Russia that results in the reform of state superstructure; constitutional amendments noticeably changes the configuration of state power with regards to ratio of the branches of power, checks and balances, objects and redistribution of the institutions of state power, which testifies to transition of the Russian Federation from semi-presidential (presidential-parliamentary) form of government towards presidential, characterized by dominant role of the President within the state system. The novelty of this research lies in analysis of the new constitutional provisions that describe the content of the Russian constitutional reform in the aspect of characteristics of the leading institutions of state power.

scholarly journals The 2020 Reform of the Constitutional Court of the Russian Federation: “Who Will Be Watching the Watchmen”

2021 ◽  
Vol 1 ◽  
pp. 12-22
Author(s):  
Dzhamilya S. Velieva ◽  
◽  
Mikhail V. Presnyakov ◽  
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Compliance Assessment ◽  
Federal Constitutional ◽  
The Russian Federation ◽  
Management Aspect

The article presents an analysis of amendments introduced to the Federal Constitutional Law On the Constitutional Court of the Russian Federation within the framework of the 2020 constitutional reform. The authors review two areas of reformation of operations of the Constitutional Court: the organizational and management aspect and the transformation of powers to carry out constitutional compliance assessment.

scholarly journals Municipalities and their types in light of the constitutional reform of the fundamentals of territorial organization of the local self-government

2021 ◽  
pp. 87-101
Author(s):  
Mariia Andreevna Zadorina
Keyword(s):  
Russian Federation ◽  
Current Trend ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Scientific Publications ◽  
Legal Provisions ◽  
Territorial Organization ◽  
Urban Rural ◽  
Level Model ◽  
The Russian Federation

This article is dedicated to the classification of municipalities and clarification of the term “municipality” in the current legislation of the Russian Federation on the local self-government. Special attention is given to the problems and trends of territorial organization of local self-government at the present stage of the constitutional-legal development of the Russian Federation. The subject of this research is the constitutional norms and other normative legal acts that regulate the issues of organization of local self-government in the Russian Federation and its constituent entities, as well as legal provisions of the Constitutional Court of the Russian Federation and scientific publications on the topic. The methodological framework is comprised of the logical, comparative, statistical, specific-sociological, and special-legal (formal-legal, technical-legal, interpretation) methods of cognition. It is established that the territorial organization of local self-government in specific municipalities and regions does not always fully correspond with the federal legislation. The author suggests distinguishing between the municipalities of urban, rural, and mixed types, unitary multitarian, simple and complex, universal and special. The recommendations are formulated for the improvement of legislation in terms of terminological apparatus of the local self-government and legal consolidation of types of municipalities. The conclusion is made that the constitutional reform of the local self-government is a consequence of the current trend of shifting away from the settlement principle of territorial organization of local self-government, as well as from the two-level model of territorial organization of the local self-government.

Past and present of the Constitutional Court of the Russian Federation: formation and change of parameters of its constitutional and legal model

2021 ◽  
pp. 35
Author(s):  
Vladimir A. Kryazhkov
Keyword(s):  
Russian Federation ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Soviet Power ◽  
European Model ◽  
Basic Law ◽  
Legal Model ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
State Body

The article is devoted to the evolution of the Constitutional Court of the Russian Federation over 30 years. It is shown how pre-revolutionary ideas about a state body capable of protecting the Basic Law were formed, the attitude towards it in the USSR – from complete denial to recognition of the permissibility of its embedding under certain conditions in the system of Soviet power. The approaches related to the establishment and creation of the initial legislative foundations of the Constitutional Court in perestroika Russia, oriented to the European model of constitutional justice, are considered. The prerequisites, content and process of transformation of the key elements of this model in the post-crisis period (1993 - 1994), their subsequent changes (2001 - 2018) and radical renewal as a result of the constitutional reform of 2020 are analyzed.

Constitution-transforming informal methods of changing the Constitution of the Russian Federation: between validity and constitutionality

2021 ◽  
Vol 30 (5) ◽  
pp. 42-75
Author(s):  
Dmitry Shustrov ◽  
Keyword(s):  
Russian Federation ◽  
Real Life ◽  
Theory And Practice ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Constitutional Change ◽  
Time Saving ◽  
The Russian Federation ◽  
The Government ◽  
Formal Procedures

The Constitution of the Russian Federation has been changed according to formalities and the rules established by it, although there are numerous examples of constitutional changes having been made outside of formal procedures. In the theory and practice of constitutional law, an approach has been developed according to which the constitution can be changed without formally changing its text — by changing its meaning. Such changes are called constitutional transformation and are carried out by informal methods of changing the constitution. They differ significantly from the formal methods of constitutional reform, since they are carried out not by the sovereign source of power but by the constituted power — by the legislative, executive, and judicial authorities. The article examines the main informal methods of changing the constitution: law, interpretation, convention. Constitutional transformation by informal methods of constitutional change is not provided for by the constitution, therefore it is unconstitutional. However, it becomes valid thanks to implementation by institutions established by the constitution, within the framework of constitutionally provided procedures and recognized as methods of constitutional change by other subjects of constitutional relations. If the subjects of constitutional relations are not in agreement with a constitutional transformation, they can overcome it through constitutional reform or (depending on the method) through an appeal to the constitutional court by which, if successful, an informal constitutional change becomes unconstitutional and invalid. Turning to informal methods, the government incurs costs in terms of the legality and legitimacy of the constitutional change, but at the same time it gains in terms of efficiency, time saving and the result obtained. The emergence of a “living”, “parallel” constitution, the lag of the formal constitution behind real life, the inadequacy of the constitutional text are the price paid for resorting to informal methods of constitutional change. It is important that resort to informal means does not become the norm. Constitutional transformation should be supplementary in nature, and appeal to it should be the last resort.

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