scholarly journals The Principle of Maintaining Citizens’ Confidence in Law and State Actions during the Practice of RF Constitutional and Statutory Courts

2018 ◽  
pp. 485-488
Keyword(s):  
Russian Federation ◽  
The State ◽  
Constitutional Court ◽  
Legal Norms ◽  
Judicial Practice ◽  
Close Relationship ◽  
Constitutional Justice ◽  
The Law ◽  
Principles Of Justice ◽  
Individual Decisions

This article examines the final decisions of constitutional and statutory courts in RF subjects, as well as individual decisions of RF Constitutional Court and the judicial legal positions expressed in them. Judicial practice, established on the basis of control and supervision activities of constitutional justice regional bodies, allows us to consider the principle of maintaining citizens’ confidence in the law and the actions of the state as a cross-sectoral legal principle that serves as the criterion to evaluate the constitutionality of legal norms adopted outside the powers of Russian Federation on the subjects of joint jurisdiction of Russian Federation and RF subjects. However, the close relationship between the principle of citizens’ confidence maintaining in the law and the actions of the state with the general legal principles of justice, equality, legal certainty and the recognition of a person, his rights and freedoms as the highest value makes it possible to qualify this principle as a general principle of law. According to the judicial practice of the constitutional and statutory courts of RF subjects, the principle of maintaining citizens’ confidence in the law and the state actions has its own criteria, each of which can be used for the evaluation of regional constitutional justice activity.

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 Individual and Authorities: Principle of Sustaining Citizens’ Trust to the Law and Actions of the State

2019 ◽  
pp. 143-158
Author(s):  
Alexey Semitko
Keyword(s):  
Russian Federation ◽  
The State ◽  
Constitutional Court ◽  
Social Conventions ◽  
Legal Principles ◽  
The Public ◽  
Russian Constitution ◽  
Legitimate Expectations ◽  
The Russian Federation ◽  
The Law

The paper analyzes the principle of sustaining citizen’s trust to the law and actions of the state in the system of individual / authorities relations. This principle is introduced into the Russian legal system by rulings of the Constitutional Court of the Russian Federation possessing the legal force of the Russian Constitution. However, the Supreme Law itself does not feature this property in the text. It is accordingly required – which is the purpose of this paper – to study this principle’s notion, content, nature, character, scope and place in the system of other legal principles, including those established in the Constitution of the Russian Federation, some of which are referenced by the Court in its rulings to justify the identification of the analyzed principle. To solve the above tasks, methods of interpreting official legal texts were applied (systemic, special legal and logical methods), as well as the anthropological approach. It is established that the researched principle is a general legal (universal) principle that stands on its own in the system of principles and is associated with the need for the whole state’s activity to comply with the established value, moral and ideological beliefs, generally accepted social conventions, etc., i.e. society’s legitimate expectations, which defines its scope and applicability. The recognition and respect of human dignity is central in society’s legitimate expectations from the state as it implements its activities. The latter requirement is fundamental for this principle and the public trust to state’s activities that is shaped during its realization; at the same time, such requirement is a criterion of how aligned state’s actions are with the society’s legitimate expectations. The novelty of this approach rests on identifying closely interconnected grounds, features, content and scope of the researched principle.

scholarly journals Legal Bases of the Involvement of Citizens in Solution of Local Issues

2021 ◽  
Vol 3 ◽  
pp. 22-26
Author(s):  
Oksana B. Novruzova ◽  
◽  
Polina E. Snegireva ◽  
Keyword(s):  
Russian Federation ◽  
Active Participation ◽  
The State ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
Legal Norms ◽  
Effective Implementation ◽  
The Russian Federation

In this study, the author examines such an urgent topic as the participation of citizens in resolving issues of local importance. The existing scope and content of powers in the sphere of local self-government are analyzed. The place and significance of this right in the system of legal norms is determined. The article considers a list of sources that influence the formation and functioning of these powers, including the legal positions of the Constitutional Court of the Russian Federation on the issue under study. In addition, the author summarizes the meaning of the main constitutional amendments in this area of legal relations. The author comes to the conclusion that it is necessary for the state to take appropriate measures in order to ensure the active participation of the population in resolving issues of local importance, as well as the effective implementation of the citizens' right to exercise local self-government.

scholarly journals Modern Investment Legislation And Judicial Practice Are The Legal Guarantee Of Effective Reforms

2021 ◽  
Vol 03 (09) ◽  
pp. 30-39
Author(s):  
Zaynobiddinova Farangiz Baxtiyor Qizi ◽  
Keyword(s):  
Scientific Work ◽  
The State ◽  
Investment Climate ◽  
Effective Protection ◽  
Investment Activity ◽  
Legal Norms ◽  
Judicial Practice ◽  
The Law ◽  
The Republic

In this article, modern investment legislation is considered on the basis of legal acts regulating investment activity. The state of the investment climate in the country is summarized with judicial practice. In addition, in the scientific work has been analyzed the features and differences of the previous legislation of the Law of the Republic of Uzbekistan “On Investments and Investment Activities”. Furthermore, based on the results of the study, several proposals were recommended to improve legislation and practice of the Investment Activities in the Republic of Uzbekistan, the implementation of legal norms and to ensure effective protection of investors' rights.

Judicial Practice Impact on Law Making

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0 ◽  
Author(s):  
Tatyana Shubert
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
The State ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
Business Entities ◽  
The Right ◽  
Law Making

The article discusses the role of judicial practice in legislative drafting activities, judicial precedent as a source of law, analyzes the problem of revealing legal gaps and contradictions in the current legislation. The author stresses the need for clarification of the term the “right to legislative initiative of the Constitutional Court and the Supreme Court of the Russian Federation on issues within their jurisdiction”, and proposes a mechanism for accounting court practice during consideration of draft laws. The author submits the proposal on the adoption of the Federal Law “On Regulatory Legal Acts in the Russian Federation”, which, in the author’s opinion, will permit to overcome legal conflicts between the law and other regulatory legal acts and will create a solid legal framework for law-making and lawenforcement processes, will contribute to the prevention of infringement of legality in the activities of state bodies, business entities and other organizations, and strengthening the guarantees for realization of citizens’ rights and legitimate interests. Besides, the author proposes to amend the State Duma Regulation by adding the provision that when introducing the draft law to the State Duma, the subject with the right of legislative initiative must submit the materials containing system analysis and judicial practice trends regarding the regulation of the draft law in question.

scholarly journals Constitutional justice: on some amendments to legislation

2021 ◽  
Vol 15 (1) ◽  
pp. 64
Author(s):  
Nadezhda N. Tarusina
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
Legal Norms ◽  
The Public ◽  
European Court ◽  
Federal Constitutional ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
Public Character

The article analyzes the 2020 constitutional amendments on constitutional justice. Among them are provisions on the formation of the composition of the Constitutional Court of the Russian Federation, expanding its powers in terms of checking the compliance of the Constitution of the Russian Federation with draft laws, clarifying the competence on the issue of the possibility of executing decisions of interstate bodies (primarily the European Court of Human Rights), adjusting the institution of dissent judges of the Constitutional Court of the Russian Federation. Positive and critical considerations regarding the above constitutional amendments and the corresponding amendments to the federal constitutional law “On the Constitutional Court of the Russian Federation. In particular, concerns are expressed about ensuring the proper degree of democracy in the formation of the Court, guaranteeing its independence in cases where the provisions of a particular draft law have been previously assessed by him as complying with the norms of the Constitution of the Russian Federation, and subsequently he will have to consider complaints about the constitutionality of the same legal norms, the validity of the refusal of the public character of the dissenting opinion of the judges of the Constitutional Court of the Russian Federation.

scholarly journals The Eternally Living and Developing Idea of Constitutionalism in the Context of the Foundations and the Essence of Activity the Supreme Body of Constitutional Justice of the Russian Federation

2019 ◽  
Vol 6 (2) ◽  
pp. 89-97
Author(s):  
Nikolay Nikolaevich Kovtun
Keyword(s):  
Russian Federation ◽  
The State ◽  
Constitutional Court ◽  
State And Society ◽  
Legal Foundations ◽  
Constitutional Justice ◽  
The Russian Federation

Studying the legal foundations of the functioning of the Constitutional Court of the Russian Federation and the essence of its final acts, the author reveals the main conf licts that the practice of constitutional justice has objectified, directly or indirectly leveling out the very idea of creating and socially-normative appointment of this body in the state and society.

scholarly journals THE CONSTITUTIONAL COURT IN THE SYSTEM OF JURISDICTIONAL BODIES (OF GODLY SINS OF CONSTITUTIONAL JUSTICE)

2017 ◽  
pp. 0-0
Author(s):  
Николай Бондарь ◽  
Nikolay Bondar
Keyword(s):  
Russian Federation ◽  
World Order ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Special Role ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Law ◽  
The Government

Analyzing the place and role of the Constitutional Court of the Russian Federation in the institutional system of national and supranational jurisdictions, there is the author’s approach to the study of this institution in particular through the prism of the so-called constitutional paradoxes (“godly sins”) of the constitutional justice. Among them: legal involvement of the Constitutional Court of the Russian Federation in the resolution of important constitutional questions at the intersection of law and policy; entering into the system of justice and at the same time transcending it as the trial of the government and the law; the legal force of the final acts, which are not laws, can be above the law; the stability of the Constitution in conjunction with socio-historical dynamism, the problems of guaranteeing its supremacy in collaboration with supranational jurisdiction, the need to ensure by the constitutional justice of the Constitutions’ supremacy in collaboration with the international-legal regulation and supranational jurisdictional practices. The article explains that the status characteristics of the national organs of constitutional justice, manifested in the contemporary world order and in relations with bodies of international jurisdiction, have a constitutional good nature and serve as a confirmation of the special role of these bodies in the justice system in modern constitutional democracies.

scholarly journals FORERUNNER OF CONSTITUTIONAL JUSTICE IN THE POSTSOVIET SPACE: TO THE HISTORIOGRAPHY OF THE COMMITTEE OF CONSTITUTIONAL SUPERVISION OF THE USSR (1988–1991)

2020 ◽  
pp. 35-63
Author(s):  
M.A. Mityukov ◽  
И.Ю. Остапович
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
The State ◽  
Constitutional Court ◽  
Deputy Chairman ◽  
Constitutional Justice ◽  
The Russian Federation

Presents the interview of Professor Mikhail Alekseevich mitjukova, a member of the constitutionalCouncil (1993), first Deputy Chairman of the State Duma of the Federal Assembly of the Russian Federationof the first convocation (1994–1995), the Plenipotentiary representative of the President of the RussianFederation in the constitutional Court (1996–2005), Honored lawyer of the Russian Federation and doctorof law Igor Yuryevich of Ostapovich, Professor of the Department of constitutional law of Ural state lawUniversity

Doctrine, lawmaking, judicial practice: issues of mutual influence.

2017 ◽  
Author(s):  
Шуберт ◽  
Tatyana Shubert
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Mutual Influence ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Court ◽  
Clear Understanding ◽  
Judicial Practice ◽  
Legal Provisions ◽  
The Russian Federation

The book presents the author's concept of the systemic relationship of doctrine, lawmaking and judicial practice. Taking into account modern tendencies of constitutional development, the role and importance of the doctrine in lawmaking and law enforcement, judicial practice, actual problems of normative control, issues of implementation of judicial decisions are revealed. The work is devoted to the issues of the correlation of doctrine and legislation; Role of judicial practice in law-making work; The use of the doctrine in the practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation; Problems of legislative initiative of higher courts of the Russian Federation and implementation of court decisions in the legislation of the Russian Federation. The study of the issues of using the doctrine in the drafting of bills allows us to see not only the content of legal norms, but also the dynamics of the development of social relations regulated by them. The doctrine describes legal phenomena, it is a kind of prediction of foresight of situations that can develop in the sphere of legal regulation. The Doctrine formulates and develops the principles of law, which are the basis for regulating social relations in cases of a gap in law, when it is impossible to apply the analogy of law. Legislators and law enforcers turn to legislative comments, where the doctrine fully meets legal gaps, develops law and formulates new legal provisions. In many respects the problems of legislation, the inefficiency of draft laws, leading to multiple amendments to laws; Unsystematic legislation; The numerous laws - are due in part to the insufficiency of the use of legal doctrine. The lack of a unified approach to the problems of improving the legal regulation, the overall concept and strategy for the development of legislation, a clear understanding of the stages and main directions of the state strategy for the development of legislation leads to a chaotic update of norms in various branches of legislation, uneven development of its individual institutions. Judicial norm-setting has a special impact on the legislator, since the forms of judicial rule-making in the form of precedent, judicial practice, legal positions of the highest judicial bodies are in effect a regulator of public relations, overcome legislative gaps. Analysis of the practice of the Constitutional Court shows that the failure to implement the decisions of the Constitutional Court of the Russian Federation is caused by a number of reasons, including: lack of proper legislative base, weak activity of state structures in the process of execution of decisions of the Constitutional Court of the Russian Federation, legal nihilism, low level of legal culture, lack of financial resources from the state.

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