scholarly journals Novelization of the Constitution - 2020: getting rid of political illusions and legal romanticism N.M. Dobrynin. The Constitution of Russia: the present and the future. Modern version of the recent history of the state

2021 ◽  
pp. 43
Author(s):  
Nikolay S. Bondar
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Social Life ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
Academic Level ◽  
Current State ◽  
Key Characteristics ◽  
History Of ◽  
The Russian Federation

The reviewed publication is devoted to the analysis and disclosure of the key characteristics of the amendments and additions made to the Constitution of the Russian Federation in 2020.On the basis of modern ideas about the most important public relations, the norms, institutions and spheres of social life affected by these constitutional amendments are systematically and consistently characterized in the work. The structure of the work includes not only the author's general comments and the legal positions of the Constitutional Court of the Russian Federation concerning the relevant blocks of constitutional amendments, but also the presentation of the scientist's views on a number of the most complex debatable issues of the current state and trends in the modernization of the elements of Russian constitutionalism affected by the amendments. This approach ensures a high academic level of the presented material.

scholarly journals The Constitution of Russia: The present and the future. Modern version of the newest history of the state

2020 ◽  
Author(s):  
N.M. Dobrynin ◽  
Keyword(s):  
Doctoral Students ◽  
Russian Federation ◽  
Social Relations ◽  
The State ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
Academic Level ◽  
History Of ◽  
The Russian Federation ◽  
Use Of Knowledge

The purpose of the present educational manual and didactic guidelines is to provide the analysis and description of key characteristics of the amendments to the Constitution of the Russian Federation, adopted in 2020. Based on contemporary notions of the fundamental social relations, the manual systematically and consistently characterizes norms, institutions and branches of the life of society, influenced by the mentioned constitutional amendments. The structure of the manual includes not only author’s review comments and legal conclusions of the Constitutional Court of Russia concerning the relevant sets of the constitutional amendments, but also scientist’s views on the vast of the most difficult and disputable issues of today’s conditions and modernization trends of those elements of the Russian constitutionalism, which are affected by the constitutional amendments. Such an approach provides a high academic level of the presented information, coherence and profundity of its theoretical exploration, and the subsequent efficiency of the practical use of knowledge gained by the readers. The manual will be of interest for undergraduate and doctoral students, teachers, experts in the constitutional (state) law, and for employees of the state and municipal agencies, as well as for all those interested in issues related to the interpretation and practical application of the principles and regulations provided for by the Constitution of the Russian Federation.

scholarly journals Constitutional amendments and revision of the Constitution of the Russian Federation: features of the 2020 procedure

2021 ◽  
Vol 15 (2) ◽  
pp. 232
Author(s):  
Sergey P. Kazankov
Keyword(s):  
Russian Federation ◽  
Additional Condition ◽  
Constitutional Amendment ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
The Russian Federation ◽  
The Law ◽  
The Moment ◽  
Critical Notes

The article discusses the issue of the procedure for changing the Constitution of the Russian Federation. Examples of norms of foreign constitutions are given, which constitutionalists recognize as rigid constitutions in the order of their amendment. The ways of changing the Constitution of the Russian Federation are considered: revision, adoption of amendments, amendment of Art. 65Identified problems such as the form of the amendment to the Constitution, the moment of entry into force of the amendment, the introduction by the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of 2020 a nationwide vote as an additional condition for the entry into force of the amendment, as well as additional powers of the Constitutional Court of the Russian Federation to verify compliance with Chapters 1, 2 and 9 of the Constitution of the Russian Federation of the provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation that have not entered into force, as well as the procedure for the entry into force of Art. 1 of the Amendment Act. The critical notes are offered. In particular, the author comes to the conclusion that the approval of the constitutional amendment by the parliaments of the constituent entities of the Russian Federation is not a moment, but a condition for its entry into force, therefore, the law on the amendment cannot introduce additional conditions for the entry into force of constitutional amendments, since this leads to a violation requirements of Art. 136 of the Constitution, which cannot be amended by the federal parliament in the manner prescribed by chapter 9 of the Constitution.

PROBLEMS OF ADMINISTRATIVE RESPONSIBILITY FOR AN OFFENCE IN THE FIELD OF DRUGS TURNOVER, PSYCHOTROPIC SUBSTANCES AND THEIR PRECURSORES

2015 ◽  
Vol 10 (5) ◽  
pp. 131-139
Author(s):  
Болотин ◽  
Igor Bolotin
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Drug Users ◽  
Legal Regulation ◽  
Administrative Law ◽  
Constitutional Court ◽  
Psychotropic Substances ◽  
European Court ◽  
The Russian Federation ◽  
Administrative Responsibility

The article summarizes the nature and purpose of the institution of administrative responsibility in the sphere of drugs turnover and psychotropic substances, the results of modern research in this area. The problems of its improvement are considered taking into account emerging challenges and conflicts of the implementation of changes in administrative law from the standpoint of the theory of administrative law and enforcement practices and suggestions for their resolution. The problems of applying administrative expulsion to foreign citizens and people without citizenship on the basis of positions of the European Court of Human Rights, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, generalization of the practice of the Federal courts are separately identified. The value and arising problems from the implementation of the mechanism of legal motivation of drug users to treatment and rehabilitation are provided, and suggestions on improving administrative legal regulation in this sphere of public relations are presented.

scholarly journals An Expanding Meaning of Presidential Amendments to the Constitution of the Russian Federation

Lex Russica ◽  
2020 ◽  
pp. 43-52
Author(s):  
A. A. Uvarov
Keyword(s):  
Russian Federation ◽  
Local Population ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Public Authorities ◽  
Public Power ◽  
Constitutional Amendments ◽  
The Russian Federation ◽  
Fundamental Rights And Freedoms

The paper deals with the issues of interconnectedness and the role of constitutional amendments introduced by the President of the Russian Federation to the current Constitution of the Russian Federation on January 20, 2020. In assessing the meaning and content of a great deal of amendments to Chapter 3 of the Constitution of the Russian Federation, the author concludes that they have additional, however, sometimes more important value in the context of the hierarchy of constitutional norms, which is directly related to the chapters of the Constitution that are not subject to any revision. Despite the formal inalterability, the foundations of the constitutional order have in fact as a result of the amendments gained such new provisions as: “the stateconstituing people that is a part of the multinational union of equal peoples of the Russian Federation”; “ban on alienation of a part of the territory of the Russian Federation and calls for such actions”; “non-enforcement of decisions of interstate bodies adopted on the basis of the provisions of international agreements of the Russian Federation in their interpretation contrary to the Constitution of the Russian Federation”; “the state guarantee of minimum wage not less than the minimum living wage of the working population.” The rules governing certain fundamental rights and freedoms of man and citizen (art. 37–39, 44 of the Constitution of the Russian Federation) have been supplemented with new content without being formally altered. Ambivalence of local self-government leading to opposition between local and state authorities, partly resulting from the provision of Article 12 of the Constitution of the Russian Federation concerning the autonomy of local self-government bodies. Their failure to enter the system of public authorities is partially minimized by the provision on their unity in the system of public power. However, many, and at first glance minor, amendments to Chapter 8 of the Constitution of the Russian Federation significantly reduce the potential of power for the local population, turn the constituent rules concerning its powers to the reference rule. The conclusion draws attention to some issues in the activity of the Constitutional Court of the Russian Federation on the implementation of these constitutional amendments.

scholarly journals A Rational Model of the Constitutional Regulation

Lex Russica ◽  
2019 ◽  
pp. 70-82
Author(s):  
A. A. Liverovskiy
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Social Relations ◽  
The State ◽  
The Body ◽  
Constitutional Court ◽  
Natural Origin ◽  
Legal Principles ◽  
The Russian Federation ◽  
The Law

25 years of influence of the Constitution of the Russian Federation on public relations in our State has radically changed the idea of the Constitution and Constitutional Law. Admission of the Constitution of the Russian Federation by the society marked the formal recognition of social values spelled out in the Constitution and the nature of the legal principles implementing these values that are generally recognized by international law. The system of constitutional principles of natural origin became the basis for the constitutional regulation of social relations. The natural origin of legal principles means that they emerged in legal reality as a result of rational activity of a man, not only in terms of legitimizing the natural rights inherent in the man from birth, but also within the framework of their corrective impact on state regimes in light of promotion of civil rights and human freedoms. The natural origin of the constitutional principles gives an objective character to the constitutional regulation, and their predetermination and supremacy in relation to the influence of the legislative activity of the State power allows to create a constructive dichotomy of the constitutional and legislative regimes. In the theoretical and legal sense, constitutional principles as regulators of social relations constitute the “law of the Constitution”. Its fundamental part consists of the basic constitutional principles that determine the foundations of the constitutional system. The paper defines the mechanism of influence of constitutional principles on public relations that is different from the normative regulation: constitutional principles, in contrast to the norms acting in full compliance with their content, act in accordance with a a certain detectable extent of its content. Legal development of constitutional regulation arises from the interpretation of constitutional principles by the Constitutional Court of the Russian Federation. Resolving cases with regard to the constitutionality of normative legal acts, the body of constitutional justice creates legal stances — new constitutional regulators of social relations that not only correct the constitutional development of the State, but also are the law-making characteristics of the decisions. Using the construction of constitutional regulation, the author proposes an actual understanding of the problem of constitutional identity.

scholarly journals LAW-REGULATING POTENTIAL OF THE RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION NO. 44-П AS OF DECEMBER 6, 2018

2020 ◽  
pp. 212-216
Author(s):  
Ella Z. Dzhamil’
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Constitutional Court ◽  
Wide Range ◽  
The Russian Federation ◽  
The Law ◽  
The Republic ◽  
Discretionary Powers

Every decision of the constitutional Court of the Russian Federation attracts the closest attention of the legal community, as it affects a wide range of public relations and the development of law in general. There is therefore no surprise about the interest in the Decision of the constitutional Court of the Russian Federation, on the 6th of December, 2018, No. 44-П adopted on business about check of constitutionality of the Law of the Republic of Ingushetia «On approval of the Agreement on the establishment of the border between the Republic of Ingushetia and the Chechen Republic» and the agreement on the establishment of the border between the Republic of Ingushetia and the Chechen Republic in connection with the request of the Head of Ingushetia, which marks another stage in the development of federalism in Russia. The conclusions formulated in this judgement clarify the competence of the Federation Council in terms of establishing the boundaries of constituent entities of the Russian Federation, which explains the issues related to the referendum and to identifi cation of the views of the population of the respective municipalities when such a demarcation takes place, and defi nition of the limits of the discretionary powers of the constitutional (Charter) courts of constituent entities of the Russian Federation, in terms of blocking laws of the subjects. At the same time, many of the legal positions expressed by the Court appear to be at least controversial and need adequate refl ection.

scholarly journals Special Knowledge Application in the Prosecutor’s Office Activities

2021 ◽  
Vol 16 (7) ◽  
pp. 145-158
Author(s):  
O. Yu. Antonov ◽  
S. V. Shepelev
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Knowledge Application ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Competent Person ◽  
History Of ◽  
Response Measures ◽  
Special Knowledge ◽  
The Russian Federation

In the paper, given the recent history of prosecutorial supervision, the opinions of prosecutors and scientists, and the position of the Constitutional Court of the Russian Federation, the authors analyze the legislation and court practice on cases when prosecutors engage experts. The forms of special knowledge application in the course of the prosecutor’s supervision are highlighted and specified. The authors formulate recommendations for their design and use both during the prosecutor’s investigation and for further possible legal proceedings. In case the prosecutor’s decision is taken within the framework of the powers granted by the Law on the Prosecutor’s Office, it must be made based on the results of an audit conducted with the participation of a competent person. In cases when the prosecutor’s investigation findings are subsequently result in response measures made up of legal norms in the framework of legal proceedings, the examination must be carried out in court in order to establish the circumstances requiring the use of special knowledge. Special knowledge application in the course of the prosecutor’s investigation becomes the basis for further measures of the prosecutor’s response. The authors substantiate the opinion that the integration of the institution of forensic examination into the implementation of prosecutorial supervision in its pure form is impossible. At the end of the paper, a conclusion is formulated about the forensic significance of this activity, including for an investigator, an inquiry officer at the stage of initiating a criminal case.

Doctrinal Approach to the Interrelation between National and International Law in the light of Constitutional Amendments

2021 ◽  
Author(s):  
E.O. Madaev ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Constitutional Court ◽  
Dual Model ◽  
Private International Law ◽  
Legal Analysis ◽  
Public And Private ◽  
Constitutional Amendments ◽  
The Russian Federation

The article analyzes the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-Federal Constitutional Laws «On Improving the Regulation of Certain Issues of the Public Power Organization and Functioning». The author carries out the theoretical and legal analysis of the Russian Federation Constitutional Court practice and the legislation adopted in view of this practice. It is noted that the amendments added to the Constitution of the Russian Federation reflect the official doctrine based on the recognition of the priority and supremacy of the Russian Federation Constitution in the legal system of the country. The author agrees that representatives of economically and militarily strong states have a significant influence on the development of international law, expressing the foreign policy doctrines of their states, while building a dual model of behavior: in relation to themselves – the priority of national law, in relation to other countries – the priority of international law. Under these conditions, the doctrine becomes a universal tool that connects the national and international legal spheres. It is necessary to recognize the ability of the doctrine to ensure the individualization, self-identification of the domestic legal system, the convergence of the Russian legal system and the systems of international public and private international law.

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.

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