scholarly journals NORM CONTROL IN THE RUSSIAN FEDERATION: PROSPECTS FOR THE INSTITUTION DEVELOPMENT

2020 ◽  
Vol 30 (2) ◽  
pp. 305-311
Author(s):  
N.G. Yakusheva ◽  
V.V. Antonov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Effective Means ◽  
Comparative Characteristic ◽  
The Rule Of Law ◽  
Legal Development ◽  
The Russian Federation ◽  
The Right ◽  
Judicial Protection ◽  
Norm Control

The main direction of political and legal development of Russia is the formation of the rule of law. The Constitution of the Russian Federation of December 12, 1993 proclaimed the right of every citizen to judicial protection of his rights and freedoms. The rights and freedoms of citizens of the state are its highest value. Judicial norm control is an effective means of protecting the rights and freedoms of citizens and the main guarantee that prevents the implementation of illegal legal acts in the Russian Federation. A comparative characteristic of the types of norm control in the Russian Federation is presented. It is concluded that norm control is characterized by properties derived from the quality and dynamics of social relations, their values and priorities. Proposals are made to improve the current legislation, in particular, it is proposed to make changes to the Constitution of the Russian Federation.

scholarly journals Features of signs of the crime object provided by article 166 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 192-198
Author(s):  
Алена Харламова ◽  
Alena Kharlamova ◽  
Юлия Белик ◽  
Yuliya Belik
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Direct Object ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to the problematic theoretical and practical issues of the content of the signs of the object of the crimes under Art. 166 of the Criminal Code. The authors determined the main direct object, revealed the essence of the right of ownership, use and disposal. Marked social relations that can act as an optional direct object. Particular attention is paid in the article to the subject of the crime. Attempts have been made to establish criteria that are crucial for the recognition of any vehicle as the subject of theft. The content of the terms “automobile” and “other vehicle” is disclosed. The analysis of the conformity of the literal interpretation of the criminal law to the interpretation of the law enforcer is carried out. It is summarized that the Supreme Court of the Russian Federation narrows the meaning of the term “other vehicle”, including in it only vehicles for the management of which, in accordance with the legislation of the Russian Federation, is granted a special right. The authors provide a list of such vehicles and formulate a conclusion on the advisability of specifying them as the subject of a crime. The narration of the article is accompanied by examples of decisions of courts of various instances in cases of crimes under Art. 166 of the Criminal Code of the Russian Federation

scholarly journals E-justice in civil cases and economic disputes in the Russian Federation

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Inna Leonidovna Burova ◽  
Maria Alexandrovna Volkova ◽  
Renata Romanovna Lenkovskaya
Keyword(s):  
Russian Federation ◽  
Communication Systems ◽  
Effective Means ◽  
Video Recording ◽  
Records Management ◽  
Legal Proceedings ◽  
Positive Assessment ◽  
The Russian Federation ◽  
Judicial Protection

The authors of the article have analyzed the latest amendments made to the legislation of the Russian Federation aimed at the development of e-justice in civil and arbitration cases. The main methods of this study were formal-legal, comparative-legal and systematic. The authors positively assess the introduction of digital technologies into the field of judicial protection of the rights and interests of citizens and organizations in the Russian Federation. It seems that the informatization of legal proceedings and records management will serve as an effective means of implementing the principles of transparency and accessibility of justice in the Russian Federation. The use of e-justice aims at improving the quality of justice in the Russian Federation. Its components are as follows: filing documents in electronic form, meetings held through video conferencing, audio and video recording, receiving audio and video protocols through electronic communication systems by parties to some case, notifying parties using such resources as “Guard Arbiter”, SMS, etc. Despite the general positive assessment of the amendments made to the Russian legislation on e-justice, the authors emphasize its certain shortcomings. The article dwells on the statutory regulation of e-justice in the Russian Federation and suggests possible ways to resolve legal conflicts.

scholarly journals ON CERTAIN PROBLEMS OF CONFERMENT OF THE TITLE «LABOR VETERAN»: ANALYSIS OF LEGISLATION AND LAW ENFORCEMENT PRACTICE

2020 ◽  
Vol 6 (4) ◽  
pp. 38-42
Author(s):  
A. A. Elaev
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Russian Federation ◽  
Labor Relations ◽  
Labor Rights ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
Long Time ◽  
The Russian Federation ◽  
The Right

The right to free work and choice of activity is enshrined in the Constitution of the Russian Federation. At the same time, ensuring and protecting the labor rights of citizens is one of the main categories of the rule of law. The legislation of the Russian Federation regulating labor relations is aimed at encouraging a conscientious attitude to work for a long time, and one of these types of encouragement is the title Veteran of labor. However, in practice, quite often there are certain difficulties that arise due to departmental and regional rulemaking. The article attempts to analyze the current situation based on judicial practice.

scholarly journals Problematics of the Content of "Labor" Сonstitution Сategory

2021 ◽  
pp. 20-24
Author(s):  
Anna Kanakova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
High Quality ◽  
The Status ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article discusses the constitutional category of «labour», the definition of which is not enshrined in legislative acts because it is considered to be a well-known category, which is not a special legal one and does not require any clarification. However, this approach creates difficulties for legal regulation, as it blurs the boundaries for the legislator and the executor. Lack of awareness of the concept of a regulated category can lead to a situation when the legislator, creating a new law or making amendments to an existing one, will subject to regulation the area that does not pertain to the relevant legal phenomenon, or vice versa - will ignore part of the content of the regulated category, which is certain to negatively affect the quality of legal regulation. Law enforcement practices similarly face difficulties in having only doctrinal understandings of statutory concepts, which creates inconsistency in decisions made by lawyers in course of their professional work. The 1993 Constitution of the Russian Federation enshrined the category of «labour» in a number of articles, but did not clarify the interpretation of its concept. The analysis of economic and legal views on labor allows us to conclude that, despite the status of a well-known category, which, it would seem, does not need an explanation, only the presence of clear criteria for recognizing an activity as labor, provides high-quality legal regulation, in particular, it allows not only to separate the types of activities that are not subject to legal regulation, but also to choose the right branch of law that regulates social relations in each particular case.

scholarly journals Some Issues of the Legal Regulation of the Cossacks in Constituent Entities of the Russian Federation

Lex Russica ◽  
2019 ◽  
pp. 49-59
Author(s):  
S. S. Zenin
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Legislative Process ◽  
Physical Force ◽  
Legal Form ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article analyzes the current state of the legal regulation of social relations existing among the Russian Cossacks at the level of constitutent entities of the Russian Federation. The author examines the legal form of regulating social relations and the content of normative legal acts adopted in the constituent entities of the Russian Federation regarding the Russian Cossacks. The paper concludes that there is a need to develop a more effective mechanism of participation of constituent entities of the Federation in the legislative process on issues of joint jurisdiction at the federal level. The author highlights the need to apply a model legislation in order to unify the provisions of regional normative legal acts. The paper focuses on the importance of a clearer definition of the legal status of the Cossacks who have assumed obligations to carry out public service, including taking into account the possibility of using physical force, special means, and cold weapons that they have the right to wear as elements of national clothing.

scholarly journals ON THE ISSUE OF PROCEDURAL GUARANTEES OF THE RIGHTS IMPLEMENTATION OF SUBJECTS OF ADMINISTRATIVE OFFENSES IN THE PREVENTIVE CONDITIONS OF A NEW CORONAVIRUS INFECTION (COVID-19)

2021 ◽  
Vol 6(72) (3) ◽  
pp. 345-356
Author(s):  
M. I. Nikulin ◽  
L. A. Roerich
Keyword(s):  
Russian Federation ◽  
Information Technologies ◽  
Electronic Form ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Modern Information ◽  
The Right ◽  
Judicial Protection ◽  
Restrictive Measures ◽  
Procedural Rights

The article deals with the problematic issues of implementing the procedural rights of participants in proceedings on administrative offenses in the context of restrictive measures aimed at preventing a new coronavirus infection (COVID-19). Attention is drawn to the absence in the Russian Code of administrative offences of the rules establishing the possibility to submit to the court documents in electronic kind, including in electronic form that unreasonably restricts the right to judicial protection of subjects of administrative offenses. It is proposed that the procedural part of the Code of administrative offences of the Russian Federation should be supplemented with a relevant norm providing for the possibility of submitting documents, appeals, and complaints in cases of administrative offences in electronic form. A number of significant problems of legislative regulation and use of modern information technologies of videoconferencing and web conferences in the court session on cases of administrative offenses in the context of the COVID-19 pandemic are highlighted, and ways to solve them are outlined. The author analyzes regulatory acts, materials of the practice of resolving cases of administrative offences by courts, as well as the corresponding provisions of the Concept of the new Code of administrative offences of the Russian Federation.

scholarly journals Procedural Independence of the Court: the Thorny Way from Communist Myths to the Objective Reality of Russian Justice

2019 ◽  
Vol 6 (1) ◽  
pp. 38-48
Author(s):  
Nikolay Nikolaevich Kovtun
Keyword(s):  
Russian Federation ◽  
Constitutional Principle ◽  
Current State ◽  
European Court ◽  
Administration Of Justice ◽  
Full Independence ◽  
The Russian Federation ◽  
The Law ◽  
The Right ◽  
Judicial Protection

In the context of substance and consequences of the constitutional principle of the court’s independence the author through the analysis of the final acts of judicial power (judicial precedents and acts of judicial interpretation of law, objectified as the resolution of the plenum) probes the current state of Russian justice alleged to be in whole has perceived and effectively implements the main elements of this fundamental idea. The author as the final conclusions of the consummated analysis on the contrary states the growing condition of legal uncertainty in the studied branch of state activity, the origins and real reasons of which, first of all, are in the apparent duality of legal positions and the final acts of the administration of justice on the same subject; in the full «independence» of a court in the administration of justice from the literal dictates of the law, acts of constitutional justice and acts of the European Court of human rights, the interpretative positions of the Plenum of the Supreme Court of the Russian Federation, from own rules-precedents which are designed to be the standards of application the law for conflict law situations. Above doesn’t agree with the essence and content of the idea of procedural independence of a court, but also clearly grades the fundamental and universally recognized idea of the supremacy of law, its certainty. Turning to the institution of judicial protection and justice as a constitutional function of a court, the parties initially have the right to depend on the legal nature of the activities of a court, normative base and, properly, predictability of the final acts of the administration of justice and not from factors of ideological, political, subjective nature which are taken to the attention of «independent», powerfully protected court. Only on this objective base interested parties will objectively perceive justice as a real and effective element of forming the legal state and civil society in the Russian Federation.

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