Constitutional right of citizens to initiate amendments to the Constitution of the Russian Federation

2020 ◽  
pp. 7
Author(s):  
G. Chebotarev
Keyword(s):  
Russian Federation ◽  
The Russian Federation ◽  
Constitutional Right

scholarly journals INDICATIVE APPROACH IN THE EVALUATION OF THE IMPLEMENTATION OF THE CONSTITUTIONAL RIGHT TO JUDICIAL PROTECTION IN THE STATE LANGUAGES OF THE RF SUBJECTS

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Damir Kh. Valeev ◽  
Anas G. Nuriev ◽  
Rafael V. Shakirjanov
Keyword(s):  
Russian Federation ◽  
The State ◽  
Practical Implementation ◽  
Current State ◽  
Hand Signal ◽  
The Russian Federation ◽  
Civil Cases ◽  
Constitutional Right ◽  
The One ◽  
Judicial Protection

The implementation of the constitutional right to judicial protection is an important guarantee for participants in legal relations in case of violation of the rights of one of the parties or a threat of violation of the rights of participants in legal relations. Judicial protection is of particular relevance for the participants in legal relations, who do not speak the languages in which the administration of justice is carried out. Within the framework of this article, the authors analyze indicators that are designed to, on the one hand, signal on the current state and existing possibilities of implementing the constitutional right to judicial protection in the state languages of the subject of the Russian Federation (statistical function), and, on the other hand, determine growth drivers that can provide language guarantees for the territory of our state, which is defined as a democratic federal legal state according to Art. 1 of the Constitution of the Russian Federation. Within the framework of this article, three indicators are highlighted and analyzed: 1) existing legal potential for the implementation of the constitutional right to judicial protection in civil cases in the state languages of the republics within the Russian Federation; 2) analysis of the practical implementation of the opportunities currently available for the implementation of the constitutional right to judicial protection in civil cases in the state languages of the republics within the Russian Federation; 3) determination of growth points in the implementation of the constitutional right to judicial protection in civil cases in the state languages of the republics within the Russian Federation

scholarly journals Authorities and Officials of the Prosecutor’s Office as Subjects of Protection and Subjects of Violation of the Constitutional Right of Citizens to Petition

Lex Russica ◽  
2021 ◽  
pp. 33-43
Author(s):  
I. V. Timoshenko
Keyword(s):  
Russian Federation ◽  
Legal Protection ◽  
Public Power ◽  
The Status ◽  
Effective Instrument ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Objective Side ◽  
Administrative Code ◽  
The Right

The paper analyzes the status of bodies and officials of the prosecutor’s office as subjects of protection and subjects of violation of the constitutional right of citizens of Russia to petition as bodies exercising public power, whereas the very norm-principle of the basic Russian law on the right of citizens to petition is considered both as a constitutional right and as a constitutional safeguard. The author identifies the main practical problems, legal gaps and conflicts of law when citizens implement their constitutional right to petition and their reasons. The author proposes options for their elimination at the law-making and law-enforcement levels. It is noted that article 5.59 of the Code of the Russian Federation on Administrative Offences from 2011 providing administrative liability for violation of established procedure of consideration of citizens’ petitions, despite being a very effective instrument for the legal protection of the right under consideration, needs to be adjusted because its discretionary part contains only general language and does not reveal the objective side of this administrative offence. At the same time, prosecutor’s offices have long developed a certain practice concerning the application of Art. 5.59 of the Administrative Code of the Russian Federation as a means of public and legal protection of the violated right of citizens to petition. However, what should be done if the right of citizens to petition is violated by the prosecutors themselves with their special status as subjects of the offense, whereas it is the exclusive competence of prosecutors by operation of law to initiate cases under Art. 5.59 of the Administrative Code of the Russian Federation? The paper is devoted to the search for the answer to this question.

scholarly journals THE CONSTITUTIONAL RIGHT TO A HEALTHY ENVIRONMENT

2018 ◽  
pp. 17-21
Author(s):  
M.N. Rudman
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
Environment Analysis ◽  
Healthy Environment ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right ◽  
Legal Mechanism

The article reveals the content of the constitutional right to a healthy environment. Analysis of economic and international legal factors in the formation of the modern institution of the right to a healthy environment in the Constitution of the Russian Federation is supplemented with the characteristic of process of formation of this law in Soviet constitutional law. Characterized by a legal mechanism of realization of the right to a healthy environment in the modern legislation of the Russian Federation.

Legal basis of the mechanism of implementation of the constitutional right to social security in the Russian Federation

2019 ◽  
Author(s):  
Павел Байматов ◽  
Pavel Baymatov
Keyword(s):  
Social Security ◽  
Russian Federation ◽  
Legal Basis ◽  
Role Of The State ◽  
Municipal Employees ◽  
Wide Range ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right

The monograph is a study of theoretical and practical problems associated with the implementation of the constitutional right of citizens to social security. It adequately covers the historical and contemporary issues of the right to social security in Russia, studying international experience. The book raises the problem of implementation of the constitutional right of citizens to social security in the Russian Federation in modern conditions, if necessary, reduce the paternalistic role of the state, proposed measures aimed at increasing the role of citizens, identified theses related to the search for the most optimal and effective forms of modernization of the mechanism of realization of the right to social security. The book is addressed to state and municipal employees, deputies of representative bodies of state power and local self-government, researchers, teachers, graduate students, students of Humanities and a wide range of readers.

scholarly journals THE FORECLOSURE ON THE ONLY CITIZEN’S HOUSING IN BANKRUPTCY CASE

2020 ◽  
Vol 17 (1) ◽  
pp. 69-81
Author(s):  
Veronika Kolbina ◽  
Elena Nevzgodina
Keyword(s):  
Russian Federation ◽  
Social Situation ◽  
Judicial Control ◽  
Judicial Practice ◽  
Current State ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Russian Law ◽  
Constitutional Right

Introduction. The article is devoted to the study of possibility and conditions of the foreclosure on the only housing in the citizen bankruptcy case and the need to improve Russian legislation that regulates these relations. Purpose. The purpose of the article is to analyze the current state of the problem of the foreclosure on the only housing in the citizen bankruptcy case, to identify deficiencies of the legislation that regulates these relations, taking into account the need to achieve a balance of citizens right to be provided with housing and his creditors rights, conscientiously interested in the most complete satisfaction of their requirements in bankruptcy case and suggest the improvement of these legislation. Methodology. To achieve the purpose both general and private scientific research methods were used, in particular, methods of scientific analysis and synthesis, induction and deduction, functional and systemic methods, formal legal and comparative legal methods, methods of interpretation of law and legal forecasting. Results. Higher courts of the Russian Federation recognized the possibility of derogating from the maxim on the inadmissibility of the foreclosure on the only housing established by the Civil Procedure Code of the Russian Federation. This requires introducing into Russian law a mechanism of the foreclosure on the only housing, which allows protecting the rights of creditors and, at the same time, preserving sufficient guarantees of the citizen’s right to housing. Conclusion. Despite the relevance of the foreclosure on the only housing, it should be recognized that the corresponding task is not easy to solve. However, in judicial practice (especially in bankruptcy cases) there has been a tendency to deviate from the idea of comprehensive executive immunity in relation to a single dwelling, which will inevitably be reflected in the current procedural and bankruptcy laws. At the same time, any regulation of these relations should presuppose judicial control in the sphere of issues relating to foreclosure on the only residential premises. In any case, the improvement of the legislation should not put a citizen in a difficult social situation and lead to a violation of his constitutional right to housing.

scholarly journals The problem of unreliability of information in the system of compulsory medical insurance in the context of the implementation of the constitutional right to free medical care

2021 ◽  
Vol 21 (2) ◽  
pp. 206-214
Author(s):  
Veronika A. Fadeeva ◽  
Keyword(s):  
Medical Care ◽  
Russian Federation ◽  
Medical Insurance ◽  
Relevant Information ◽  
Medical Services ◽  
Legal Analysis ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right ◽  
The Cost

Introduction. The addition of the section “Information on the cost of medical services rendered” to “Public Services”, the state information system, allowed the citizens of the Russian Federation to receive relevant information promptly. This possibility soon exacerbated the problem of unreliability of information about the medical services provided to the insured persons under compulsory medical insurance. The article defends a position based on the legal analysis of the legislation of the Russian Federation in the sphere of compulsory medical insurance. According to this position, the problem can be overcome by appropriate changes in the regulatory documents governing the control powers of the territorial funds of compulsory medical insurance, health insurance organizations. Theoretical analysis. The right to reliable information is enshrined in a number of regulatory legal acts of the Russian Federation, the analysis of which allows us to investigate the problem of unreliability of information in the system of compulsory medical insurance (“medical prescriptions”). Empirical analysis. Identification of unreliability of information about the provided medical services can be carried out both by the insured persons under compulsory medical insurance and through the control of the competent authorities. In this regard, the article analyzes the control powers of the territorial funds of compulsory medical insurance, medical insurance organizations. Results. The result of the author’s analysis of the problem of unreliability of information in the system of compulsory medical insurance (“medical attributions”) is a proposal to improve the procedure for organizing and monitoring the volume, timing, quality and conditions of providing medical care for compulsory medical insurance.

scholarly journals PROBLEMS OF DEFINING A LEGAL STATUS OF URBAN FORESTS IN RUSSIA

2017 ◽  
Vol 21 (2) ◽  
pp. 190-197
Author(s):  
O. A. Lavrischeva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Urban Forest ◽  
Urban Forests ◽  
Legal Regulation ◽  
Forest Park ◽  
Territorial Planning ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Forest Parks

The paper considers norms of the Russian legislation on urban forests. The main problems of the legal regulation of urban forests within the Russian Federation have been identified and analyzed. The author pays special attention to the absence of a definition of the "urban forests" concept and the criteria for referring forest plantations to urban forests that make it possible to delineate urban forests from other plantations within the settlements, including forest parks. The author points to the fact that there is no criteria for power delineation to protect and use urban forests as well as a clear functional structure of urban forest management at the level of the subjects of the Russian Federation. There is also legal uncertainty about referring forest located in settlements that are not cities to forests. All these gaps in the Russian legislation cause certain difficulties in law enforcement practice. Based on the analysis, the author suggests ways of managing urban forests in the current socio-economic situation in Russia. First of all, it is necessary to introduce a number of clarifications at the legislative level: to regulate the legal regime for using urban forests established for forest park areas in accordance with the requirements of the Russian Federation Code, to establish the norm which will oblige local authorities while preparing and approving the documents concerning territorial planning, to include land plots on which urban forests are located, into recreational areas or zones of specially protected areas. The author believes that these changes in the forest legislation will help to develop and preserve urban forests as a reliable environmental and legal guarantee for the constitutional right of citizens to have a favorable environment.

scholarly journals Personal Reception of Citizens: Problems of Legal Regulation and Implementation

Lex Russica ◽  
2019 ◽  
pp. 71-83
Author(s):  
A. V. Savoskin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Government Agency ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Government

Personal reception represents a way of submitting citizens’ complaints and one of the forms of implementation of the constitutional right of citizens to appeal (complain). However, the legislative regulation of the issue under consideration seems insufficient, which has given rise to adverse law enforcement practice.The article determines signs of personal reception that allow us to distinguish it from other types of citizen’s communication with officials. The paper makes a thorough analysis of the duty of officials to conduct personal reception. Two models of performing the reception are highlighted: 1) personal reception is carried out only by chairpersons (of the government agency as a whole, its deputies or heads of structural divisions); 2) personal reception is carried out not only by chairpersons, but also by other authorized officials or specialized units. Moreover, the paper focuses on the problem of delegation of the obligation to perform personal reception to other officials.The paper investigates the procedure of personal reception that includes four stages: registration for personal reception (optional stage); arrival of a citizen at the place and time provided for personal reception, identification and determination of the order of personal reception; personal intercourse with the official, including a statement of the essence of the oral request or submission of a written application; registration of a personal reception card. Special attention is paid to the issue of registration of a personal reception, which allowed to formulate conclusions about the most relevant content of a personal reception card. The procedure of holding the all- Russian day of personal reception and experience of introduction of regional uniform days of personal reception in constituent entitities of the Russian Federation is analyzed.Also, the author scrutinizes the experience of organizing personal receptions in various governmental bodies and authorities in order to generalize additional guarantees of the rights of citizens during personal reception, as well as to develop an approximate list of feasible constrains.

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