Constitutional Review and the Review by Courts of General Jurisdiction: Comparative Analysis

2019 ◽  
pp. 34-44
Keyword(s):  
Russian Federation ◽  
Judicial Review ◽  
Legal Regulation ◽  
Regulatory Control ◽  
Constitutional Review ◽  
Judicial Control ◽  
Russian Constitution ◽  
The Russian Federation ◽  
The Government ◽  
The Right

In the article, a comparison is made between constitutional review and judicial review exercised by courts of general jurisdiction in Russia on the basis of comparative-law methodology. The author concludes that it is necessary to empower citizens with the right to consider their appeals within the framework of abstract review by courts of general jurisdiction. A proposal has also been formulated on granting the right to appeal for the protection of the rights of citizens and their associations within the framework of the Russian Code of Administrative Procedure (CAP), the Commissioner for Human Rights in Russian Federation, the Commissioner for Children’s Rights, the Commissioner for the Rights of Business-Owners, and also the other Commissioners for these areas on the subjects of the Russian Federation, and the deputies of all levels – from municipal to federal. The author states that with the adoption of the CAP, the problem of checking federal regulations that have less legal force than Decrees of the Government of the Russian Federation for compliance with the Russian Constitution has not been resolved. It is suggested vesting the courts of general jurisdiction with the right to exercise administrative and judicial control over compliance of such acts with the Russian Constitution. The article reveals the problem of lack of terminological unity in the legal regulation of similar institutions of constitutional and administrative judicial review. The need to unify a number of norms of constitutional and administrative legislation on regulatory control issue is emphasized.

Updating labor legislation in 2020

2020 ◽  
pp. 57-69
Author(s):  
Viktor Arkadyevich Lebedev ◽  
Elena Ivanovna Lebedeva
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Labour Relations ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government ◽  
Managerial Positions ◽  
The Right ◽  
Compensation Payments ◽  
Made In

The article deals with the issues of further improvement of labor legislation, including a comparative analysis of the amendments made in 2020 to the Labor code of the Russian Federation concerning the establishment of the age limit for filling managerial positions of budgetary universities, scientific and medical organizations. The analysis of the initiatives of the Government of the Russian Federation in the procedure for delegating him the right to make decisions, establishing features of legal regulation of labor relations, taking into account opinion of the Russian trilateral Commission for regulating social-labour relations, including those relating to compensation payments to employees of organizations of the far North and equated localities.

scholarly journals Administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the Ural Federal District: the peculiarities of legal regulation

2021 ◽  
pp. 32-46
Author(s):  
Stanislav Vladimirovich Kalashnikov
Keyword(s):  
Russian Federation ◽  
Federal District ◽  
Legal Regulation ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
The Right ◽  
Legal Mechanism

The subject of this this research is the normative legal and legal acts of the government bodies of the constituent entities of the Russian Federation included into the Ural Federal District (Kurgan, Sverdlovsk, Tyumen, Chelyabinsk regions, Khanty-Mansi Autonomous Okrug, Ugra and Yamalo-Nenets Autonomous Okrug) that regulate the administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the indicated regions. Special  attention is given to the importance and need for legal regulation of the issues associated with arranging additional guarantees and exercising the right of citizens to appeal to government bodies, particularly on the level of the constituent entities of the Russian Federation included into the Ural Federal District. Based on the comprehensive analysis of the aforementioned normative legal act and legal acts, the author reveals the peculiarities of legal regulation of the administrative legal mechanism for exercising the right of citizens to appeal to government bodies in the constituent entities of the Russian Federation included into the Ural Federal District, the limits of norm-setting authorities of the listed regions of the Russian Federation, specificities of securing additional guarantees of the rights of citizens to appeal to government bodies in the corresponding regional laws, approaches towards consolidation of the categorical and conceptual apparatus, determination of parties to legal relations in the area of exercising the right of citizens to appeal to government bodies, the role of normative legal and legal acts of the constituent entities of the Russian Federation included into the Ural Federal District within the mechanism of exercising the right of citizens to appeal to government bodies. The conclusion is formulated on the prospect of the approaches of certain constituent entities of the Russian Federation towards legal regulation of the mechanism for exercising the right of citizens to appeal government. The author also makes recommendation for its improvement.

scholarly journals Main Trends in the Development of Russian Law on Non-Profit Organizations

2020 ◽  
Vol 7 (3) ◽  
pp. 81-103
Author(s):  
A. Avtonomov ◽  
V. Grib
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Federal Law ◽  
Non Profit ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law ◽  
The Government ◽  
The Right

The article is a comparative study of legal regulation on non-profits in the Russian Federation by federal law, including the Constitution, federal statutes, decrees of the President of the Russian Federation, resolutions of the Government and Constitutional Court rulings in connection with certain international legal acts dealing with the right to association, and by the law of the constituent entities of the Russian Federation. The main stages of the development of the law on non-profits both at the federal level and at the level of the constituent entities of the Russian Federation, as well as the main trends in the development of non-profit law in modern Russia, are explored.

scholarly journals Constitutional status of an individual in the context of coronavirus pandemic: vectors of transformation in Russia

2021 ◽  
Vol 5 (3) ◽  
pp. 101-111
Author(s):  
E. S. Anichkin
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Structural Method ◽  
Legal Method ◽  
Basic Rights ◽  
Russian Constitution ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Right

The subject of research is the scientific understanding of the ways, manifestations and trends in the transformation of the constitutional status of an individual in the context of the spread of coronavirus infection.The purpose of the research is to confirm or disprove the scientific hypothesis that the COVID-19 pandemic impacts negatively on the content and implementation of the constitutional status of an individual in Russia.The methodology. General scientific methods, especially dialectical ones, made it possible to study the conditions and process of evolution of the constitutional status of an individual in the context of confronting coronavirus infection. With the help of a synergistic method the analysis of cross-sectoral communication of national constitutional law and international legal regulation is carried out. The systemic-structural method was used in the study of intrasystemic changes in the constitutional status of an individual. A study of normative legal sources was made using the formal legal method.The main results, scope of application. The constitutional status of an individual is undergoing a clear transformation in four directions, each of which has received a separate consideration in the work. Basically, the transformation concerned such an element of the constitutional status as "rights". For the most part, these changes have a negative character for an individual, that is, they worsen his constitutional and legal situation in comparison with the "pre-pandemic" period, but they will remain in one way or another until the sanitary and epidemiological situation normalizes. It is noteworthy that the same element of the constitutional status, including the same right, can experience several variants of transformation, but with a difference in time, content, territory of action or circle of persons. For example, the development of the right to freedom of movement on the territory of the Russian Federation is accompanied by both its restriction and suspension of implementation in general, and the right to entrepreneurial activity is accompanied by an additional opportunity for business representatives to receive compensation for forced losses. The pandemic has demonstrated the permissibility and even a certain expediency of transforming the constitutional status of a person and a citizen not only by federal laws (which follows from Part 3 of Article 55 of Russian Constitution), but also by-laws and regulations, not only at the federal, but also at the regional level. This possibility is due to references in federal legislation. It should be recognized that over the past year, for the first time, we have witnessed the active regulation of the constitutional status of a person and a citizen by the subordinate normative acts of the constituent entities of the Russian Federation, which indicates their confident incorporation into the number of sources of its legal regulation.Conclusions. The vectors of transformation of constitutional status of an individual due to COVID-19 pandemic were: (a) the restriction of some basic rights, (b) the suspension of the implementation of a number of basic rights, (c) the substantive clarification and addition of certain rights and mechanisms for their implementation, (d) imposition of additional responsibilities.

On the Content of the Human Right to Affordable and Quality Medical Care in the Russian Constitution, Federal Legislation, and Constitutions (Charters) of the Subjects of the Russian Federation

2019 ◽  
pp. 14-19
Keyword(s):  
Medical Care ◽  
Russian Federation ◽  
Legal Regulation ◽  
Right To Health ◽  
Special Role ◽  
Human Right ◽  
Russian Constitution ◽  
The Russian Federation ◽  
The Right ◽  
Quality Medical Care

The article discusses the issues of constitutional-law and special legal regulation of the human right to health and affordable and quality medical care. It is shown how this right is stipulated by constitutions and charters of subjects of the Russian Federation in accordance with the Constitution of Russia. Whereas the Constitution providing the right to health does not prescribe that medical care should be «affordable» and «quality», the author believes that these attributes are intrinsic to medical care because it is only affordable and quality medical care that is a guarantee of realization of the right to health. Health is considered by the author as a prerequisite of using other rights and freedoms. Using the comparative-law methodology, the author analyzes constitutions and charters of constituent entities of the RF and concludes that less than a half of them have provisions concerning the right to health protection and medical care. At the same time, under Constitution protection of human rights shall be within the joint jurisdiction of the Russian Federation and constituent units. It is emphasized that the special role in protection of the human right to health on the sub-federal level belongs to regional constitutional (charter) courts, some examples from their practice are given.

scholarly journals The constitutional conflict about confidence to the Government of the Russian Federation in the context of constitutional reform 2020

2021 ◽  
Vol 5 (2) ◽  
pp. 159-169
Author(s):  
I. A. Tretyak
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Functional Method ◽  
Point Of View ◽  
Constitutional Reform ◽  
Russian Government ◽  
Scientific Methods ◽  
Russian Constitution ◽  
The Russian Federation ◽  
The Government

The subject. The article is devoted to constitutional conflict about distrust to the Government of the Russian Federation and constitutional norms that regulated such conflict and were changed during the constitutional reform in 2020. The author analyzes such transformation in legal regulation and try to find causes for this changes. And also the author provides a constitutional-conflict diagnostic of new constitutional norms to identify conflictogens.Purposes of the paper are to find a legal reasons for transformation of constitutional norms about distrust to the Russian Government and to prevent an appearance in future long term of serious constitutional conflict by finding its conflictogens.The methodology of the study includes a new methodology of a constitutional legal science – constitutional-conflict diagnostic. The constitutional-conflict diagnostic is a system of consistently applied scientific methods, legal principles and presumptions aimed at obtaining information about the constitutional conflict and the constitutional-legal methods of its prevention and resolution. The constitutional-conflict diagnostic includes group of methods: dialectical and systemic methods, as well as structural and functional method; a group of private-scientific methods (historical, methods of formal logic: analysis, comparison). The formal-legal, comparative legal methods and a method of modeling of legal consequences are also used.The main results and scope of their application. The constitutional reform of 2020 year complicated the procedure for resolving the constitutional conflict of trust to the government and introduced a subject-status misbalance in part 4 of Article 117 of the Russian Constitution, expressed in the unmotivated and unjustified possibility of the president to had no activities for resolving such conflict.Legal modeling of the simultaneous implementation of the provisions of parts 3 and 4 of Article 117 of the Russian Constitution revealed the possibility of alternating procedures for expressing trust and denying in confidence to the government, which was absent before the constitutional reform.From a formal legal point of view and a conflictological approach, the amendments to Part 4 of Article 117 of the Constitution of the Russian Federation cannot be explained, and they are a certain «opportunistic maneuver» to the Russian Parliament.

scholarly journals Tendencies of the Legal Regulation of the Interaction between the President of the Russian Federation and the Government of the Russian Federation

2020 ◽  
Vol 10 ◽  
pp. 37-40
Author(s):  
Elena Yu. Kireeva ◽  
◽  
Lidia A. Nudnenko ◽  
Lyudmila A. Tkhabisimova ◽  
◽  
...  
Keyword(s):  
Foreign Policy ◽  
Russian Federation ◽  
A Priori ◽  
Legal Regulation ◽  
The State ◽  
Executive Power ◽  
Residence Permit ◽  
The Russian Federation ◽  
The Government ◽  
The Right

The article analyzes the amendments to the Constitution of the Russian Federation “Оn improving the regulation of certain issues of the organization of public power”. It is argued that the imposition of restrictions to replace the state and municipal posts, posts of state and municipal services associated with the presence of foreign citizenship or residence permit or other document confirming the right to permanent residence of citizens of the Russian Federation on the territory of a foreign state will not provide the “nationalization of the elites” because such a limitation is not provided for family members of the listed officials. Without this, the amendment is meaningless. The article doubts the feasibility of transferring the function of determining the main directions of domestic and foreign policy to the State Council, which by its status and composition belongs to the Executive bodies of state power. A priori, Executive power is secondary to representative power. Therefore, the Federal Assembly of the Russian Federation, in cooperation with the President of the Russian Federation, should have priority in shaping the main directions of domestic and foreign policy.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

Рroblems of the Judicialprotecting the Rights of the Indigenous Peoples of the Far East to Traditional Fisheries

2021 ◽  
pp. 63-72
Author(s):  
Yakunin D. V. ◽  
◽  
Khromin R. V. ◽  
Keyword(s):  
Indigenous Peoples ◽  
Russian Federation ◽  
Far East ◽  
Legal Regulation ◽  
The Far East ◽  
Indigenous Minorities ◽  
The Russian Federation ◽  
The Right ◽  
Traditional Fishing

The article is devoted to the analysis of the problems of protecting the right of indigenous peoples of the Far East to traditional fishing. To improve the legal regulation in this area, according to the author of the article, will allow the development of special procedures for resolving disputes with the participation of indigenous minorities, as well as amending the legislation of the Russian Federation regulating the rules of traditional fishing for indigenous minorities.

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