scholarly journals About some questions of dissolution of legislative bodies of subjects of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 106-113
Author(s):  
Людмила Тхабисимова ◽  
Ludmila Thabisimova ◽  
Эльман Ахъядов ◽  
Elman Akhyadov
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
State Power ◽  
The Body ◽  
Early Termination ◽  
Legal Responsibility ◽  
Legislative Body ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article examines the issues of dissolution of the legislative body of the subject of the Federation. Attention is drawn to the fact that the institution of dissolution is an institution of constitutional law, and when the legislative body is dissolved, it is not responsible to the body or official who decided to dissolve it, but to the population, its voters. On the basis of the study it is concluded that it is necessary to Supplement the list of grounds for early termination of the powers of the regional Parliament, as a measure of constitutional and legal responsibility, by including such grounds as the loss of voter confidence. The question of the need to empower the population of the subject of the Russian Federation with the right to decide in a referendum on the dissolution of the legislative (representative) body of state power of the subject of the Russian Federation.

scholarly journals On the Relevant Problems of the Constitutional Liability of Supreme Government Authorities and Officials in View of the Introduced Amendments to the Constitution of the Russian Federation

2021 ◽  
Vol 3 ◽  
pp. 36-39
Author(s):  
Anna V. Akchurina ◽  
Keyword(s):  
Russian Federation ◽  
State Power ◽  
Point Of View ◽  
Legal Responsibility ◽  
Checks And Balances ◽  
Building Relationships ◽  
Legal Sanctions ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation

The article is devoted to the analysis of the amendments made to the Constitution of the Russian Federation from the point of view of their influence on the development of the institution of constitutional legal responsibility, the issues of constitutional consolidation of certain measures of state coercion, the emergence of new forms of implementation of constitutional and legal responsibility and possible problems of their application are examined. The aspects of the preservation of incomplete regulation of the key provisions of the grounds for the application of constitutional and legal sanctions affecting the functioning of the system of checks and balances are touched upon. At the same time, theses were put forward on the importance of the constitutional consolidation of the responsibility of judges of higher courts, the expansion of the subject and institutional composition of participants in the implementation of measures of constitutional and legal responsibility of the highest bodies of state power of the Russian Federation, the inherent tendencies towards the expansion of this legal institution and the degree of enrichment of the substantive value of the introduced innovations. The selected vectors for building state power, building relationships between them and measures of mutual responsibility, laid down by the amendments to the Constitution of the Russian Federation, are proposed for understanding.

scholarly journals FEATURES OF LEGAL REGULATION OF RESPONSIBILITY OF THE DEPUTY AT THE PRESENT STAGE

2017 ◽  
Vol 5 (2) ◽  
pp. 128-132
Author(s):  
Роман Маркунин ◽  
Roman Markunin
Keyword(s):  
Civil Society ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Present Stage ◽  
Existing Problems ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
The Right

The article deals with the legal regulation of legal responsibility of deputies in the current Russian law. The current understanding of the free parliamentary mandate and the results of its anchoring in legislation. Particular attention is paid to recent changes in the law, which led to a significant revision of the duties and responsibilities of the people’s representatives. Further ways of improving the institute of responsibility and proposes concrete solutions to the existing problems in the sphere of regulation of the responsibility of the Council of Senators of the Federal Assembly of the Russian Federation are analyzed. In particular, it proposed to consolidate the right to a public authority of the subject of the Russian Federation to terminate the powers of the Federation Council of the Federal Assembly of the Russian Federation senator on the grounds of loss of confidence. We study the question of the implementation of legal policy aimed at building a legal state and civil society. The conclusion about the need to rethink the position of deputy and senator and establish in law a specific list of grounds for the loss of the aforementioned subjects of their status is made.

Rights protection of concessionaire upon early agreement termination

2019 ◽  
pp. 207-214
Author(s):  
Tatiana Vasilievna Bogdanova ◽  
Armine Sarkisovna Marabyan
Keyword(s):  
Russian Federation ◽  
Early Termination ◽  
Rights Protection ◽  
Project Documentation ◽  
The Subject ◽  
The Russian Federation ◽  
The Creation ◽  
Contract Termination ◽  
The Right ◽  
Mutual Agreement

We investigate the issue of concessionaire rights protection. We analyze the system of grounds for the early agreement termination and compensation provided to the concessionaire, as well as the mechanisms of concession agreement. We identify mandatory and optional terms of concession agreement. We highlight the cases of early termination of concession agreement, in which either the Russian Federation, or the subject of the Russian Federation, or the municipal formation is a concession grantor. We establish that upon termination of the concession agreement, the concessionaire has the right to demand from the concession grantor the reimbursement of expenses incurred by him in the creation and (or) reconstruction of the object (minus the expenses of concession grantor). We consider the cases of contract termination upon mutual agreement of the parties or by decision of the authority if concessionaire’s failure to fulfill its obligations has led to the infliction or threat of harm to people’s lives and health. We determine the procedure for reimbursement of the parties’ expenses in case of early termination of concession agreement. We investigate the protection of rights guarantees of concessionaire, namely, the establishment of the minimum payment in case of early termination of the concession agreement - investment expenses for creation (reconstruction) of the object. We highlight the obstacles for compensation of the concessionaire’s expenses for the project documentation development. We use practice materials as examples. We submit the proposals for amendments to the current legislation of the Russian Federation.

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.

scholarly journals FORMS OF ENVIRONMENTAL RIGHT PROTECTION

2020 ◽  
Vol 36 (4) ◽  
pp. 106-112
Author(s):  
N.Sh. Gadzhialieva ◽  
Keyword(s):  
Russian Federation ◽  
Broad Sense ◽  
Organic Unity ◽  
Healthy Environment ◽  
Judicial Practice ◽  
Favorable Environment ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation ◽  
The Right

The article analyzes various forms of protecting the right to a favorable environment, examines the concept of a form of protecting rights as a legal category. Based on the analysis of regulatory and scientific sources, the author has classified the forms of protection of the right to a favorable environment provided for in the law. Depending on the endowment of the subject carrying out the defense with the authority to use state coercion, the author identifies two large independent forms of protection: state and non-state. The author notes the legal uncertainty regarding the content of the right to a healthy environment, which complicates its protection. The positions of scientists who consider the right to a favorable environment in a narrow and broad sense are analyzed. Attention is drawn to the fact that the mechanism for protecting the right and the content of the right to a favorable environment are in organic unity and thus in the aggregate affect the formation of forms and methods of protecting the right to a favorable environment by a person. In conclusion, the author formulates the conclusions of the study, relying not only on the current legislation of the Russian Federation, but also on the established judicial practice, as well as on the scientific dogmas of Russian scientists in the field under study.

Equal to the Constitution: the Sources of Law of Highest Legal Force in the Russian Federation

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Михаил Пресняков ◽  
Mikhail Pryesnyakov
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Constitutional Law ◽  
The Other ◽  
Constitutional Court ◽  
Legal Norms ◽  
Other Hand ◽  
The Russian Federation ◽  
Juridical Acts ◽  
The Right

In article the question of validity of the Constitution of the Russian Federation and some other sources of the right which can also possess the highest validity is considered. In particular the author comes to a conclusion that legal positions of the Constitutional Court of the Russian Federation possess the highest validity and in total with the constitutional provisions represent the actual Constitution. On the other hand, both laws on amendments to the Constitution, and the universally recognized norms of international law on the validity stand below constitutional precepts of law. Acts of the Constitutional Assembly of the Russian Federation may in future be qualified as having the highest judicial effect. Such acts may abolish or change any provision of the present Constitution. At the same time the universally recognized norms of international law and the laws of the Russian Federation regulating amendments to the Constitution of the Russian Federation as independent juridical acts and sources of constitutional law are inferior as compared with the constitutional legal norms.

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 Problems of Legal Regulation of Palliative Medical Care in the Russian Federation Subjects

2020 ◽  
Vol 17 (3) ◽  
pp. 78-82
Author(s):  
Anna Trutaeva
Keyword(s):  
Social Security ◽  
Medical Care ◽  
Russian Federation ◽  
State Power ◽  
Legal Regulation ◽  
Existing Problems ◽  
Degree Of Disability ◽  
The Russian Federation ◽  
The Right ◽  
Palliative Medical Care

Introduction. The problem of ensuring equal scope of the right to palliative medical care of citizens living on the territory of various subjects of the Russian Federation is raised. The article describes the current legal regulation of palliative care in the Russian Federation and the existing problems of providing it. Purpose. The author aims to determine the place of legal regulation in the mechanism of ensuring the right to palliative medical care and ways to increase the degree of guarantee of this right. Methodology. Methods of analysis and synthesis, formal-logical and comparative-legal methods are used. Results. A brief overview of the current legal regulation at the Federal level and in the subjects of the Russian Federation is given, and the different scope of the right to palliative medical care of citizens living on the territory of different subjects of the Russian Federation is recorded. The article highlights the consequences of different approaches to the legal regulation of the issues under consideration, and suggests changes to them. Population by sex and age, the structure of its incidence and the degree of disability in subjects of the Russian Federation are not the same, and the bodies of state power of subjects of this level have the ability to define the needs of the population in the form of medical care that is consistent with the goal inherent in the activities of the bodies of state power of subjects of the Russian Federation in the field of social security, namely with regard to the influence of the specific features on the life of citizens and securing a reasonable differentiation of social security. Conclusion. It is concluded that it is necessary to fix the guarantee of palliative medical care in the normative legal acts of the subjects of the Russian Federation regulating the issues of public health protection, regardless of the territory of living, gender, age, diagnosis and stage of treatment.

scholarly journals Grounds and Subjects of Temporary Performance of Duties of the President of the Russian Federation

2020 ◽  
Vol 12 ◽  
pp. 17-21
Author(s):  
Vadim S. Goleschikhin ◽  
Keyword(s):  
Russian Federation ◽  
State Power ◽  
Leading Role ◽  
Head Of State ◽  
The Subject ◽  
The Russian Federation ◽  
The Government

The Constitution of the Russian Federation assigns to the President a leading role in the system of higher federal bodies of state power, which requires clear grounds and precise procedure for temporary exercise of presidential powers. The Constitution assigns the Chairman of the Government of the Russian Federation as the subject authorized to temporarily replace the President in all cases when he is unable to fulfill his duties. At the same time, the constitutional norms do not regulate the situation when the duties of the President cannot be performed either by himself or the Chairman of the Government. The article discusses the issues of subjects that in the above case are authorized to legitimately assume the temporary exercise of powers of the head of state, and concludes that it is necessary to improve the norms of the Constitution of the Russian Federation in terms of expanding the list of subjects for temporary exercise of duties of the President and introducing constitutional control over the transfer of presidential powers, and to improve the legislation norms and their implementation practice in terms of regulating the procedure for the temporary fulfillment of duties of the Chairman of the Government of the Russian Federation.

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