Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Law enforcement practice in the field of budget: theoretical-legal and judicial-arbitration aspects

2021 ◽  
Author(s):  
Hristina Peshkova ◽  
Vladimir Pachkun
Keyword(s):  
Law Enforcement ◽  
Graduate Students ◽  
Russian Federation ◽  
Financial Control ◽  
Constitutional Court ◽  
Educational Organizations ◽  
Judicial Practice ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation

The monograph examines the practical aspects of the application of the budget legislation of the Russian Federation in judicial practice — the practice of the Supreme Court of the Russian Federation and arbitration courts, as well as the functions of the Constitutional Court of the Russian Federation on the interpretation of budget legislation. The article analyzes the theoretical and legal provisions of law enforcement activities in the field of the budget, as well as the categories of budget and legal science. For legal scientists, graduate students, students of legal educational organizations, as well as practitioners of courts, financial control bodies and other state and municipal institutions.

scholarly journals LAWMAKING ACTIVITY OF TERRITORIAL ENTITIES OF THE RUSSIAN FEDERATION: PROBLEMS AND SOLUTIONS

2017 ◽  
Vol 2017 (2) ◽  
pp. 95-99
Author(s):  
О. Рыбаков ◽  
O. Rybakov ◽  
О. Рыбакова ◽  
O. Rybakova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Constitutional Court ◽  
Legal Doctrine ◽  
Problems And Solutions ◽  
The Russian Federation ◽  
The Law ◽  
Legal Expertise ◽  
Law Making

<p>The article features an analysis of lawmaking activity of territorial entities of the Russian Federation, while focusing on some problems of regional normative legal acts. The authors define the role of legal expertise as one of the key elements of the regional law-making activity providing unity and integrity of the law over the whole territory of the Russian Federation. The analysis of the concept of “legal expertise” due to the regional regulations is given in the article, as well as its types and its essence. The authors examine different trends and approaches to the nature of the normative legal act due to the Constitutional Court of the Russian Federation practice, as well as in legal doctrine and legal law enforcement practice.</p>

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.

Hearing of Cases about Indemnification, Caused to the Environment: Procedural Questions ofJudicial Practice

2020 ◽  
Vol 4 ◽  
pp. 48-58
Author(s):  
M. A. Fokina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Research Gaps ◽  
Supreme Courts ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

Research objective is the analysis of practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on cases of indemnification caused to the environment. Proceeding their concepts of integrative right understanding the author reveals the importance of legal positions of the supreme judicial authorities for law-enforcement practice of inferior courts by hearing of cases about indemnification, caused to the environment. During the research gaps in the current legislation and ways of their completion in judicial practice are revealed. Methods. As methods of a research the legallistic method, synthesis, the analysis, induction, deduction were used. Results. The research showed certain shortcomings and gaps of legal regulation of an order of the indemnification caused the environment. Legal positions of the supreme courts which allowed to meet lacks and shortcomings of the legislation are revealed and analysed and to provide appropriate protection of the rights of citizens and legal entities.

scholarly journals Law Explanatory Practice of the Russian Federation Constitutional and Supreme Courts as an Independent Form of Penal Policy Implementation: Positive Experience and Negative Tendencies Overcoming

2017 ◽  
Vol 4 (3) ◽  
pp. 140-150
Author(s):  
M B Kostrova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Traditional Approach ◽  
Constitutional Court ◽  
Supreme Courts ◽  
Penal Policy ◽  
Independent Form ◽  
Penal Law ◽  
The Russian Federation ◽  
Law Making

The paper critically perceives the traditional approach that only distinguishes two forms of the penal practice implementation, that is, law making and law enforcement. The author proves that there is a separate field for the Russian Federation Constitutional and Supreme courts, that is, a law explanatory one. This form of the state activity does not belong to law enforcement proper. It is in the governing influence on the latter. It is typical of the law explanatory practice of the Russian Federation Constitutional Court that it influences the penal law making in a governing way. A number of negative tendencies have been singled out. The author arrives at a conclusion that the Russian Federation Constitutional and Supreme courts’ law explanatory practice as an independent form of the Russian penal policy needs a governing impact. The paper offers the ways to overcome these negative tendencies.

Legal restrictions on the right of association in political parties and their interpretation in court decisions: comparative legal analysis

2021 ◽  
Vol 30 (2) ◽  
pp. 149-179
Author(s):  
Andrey Vershinin
Keyword(s):  
Law Enforcement ◽  
Political Parties ◽  
Russian Federation ◽  
Party System ◽  
Large Scale ◽  
Political Competition ◽  
Constitutional Court ◽  
Freedom Of Association ◽  
The Russian Federation ◽  
The Creation

The article examines the issue of exercising the freedom of association in political parties in Russia in a comparative analysis with the leading democratic countries of the world. Modern democracies cannot be imagined without political parties, which are the representors of the interests of their voters in legislative bodies and local government bodies. The development of civil society and the entire political system in the country depends on how the freedom of association in political parties and the access of parties to participate in elections is realized. The development of legislation on political parties in the Russian Federation proceeded unevenly. In the first years after the adoption of the Constitution the legislative body did not introduce strict requirements for parties. The adoption of a special federal law on political parties in 2001 became a turning point in the development of the party system. The author identifies two large blocks of restrictions on the creation of parties. The first is legislative restrictions, the second is the restrictions that arise from the unfair activities of legislative and law enforcement agencies. In this work, legislative restrictions are compared with restrictions in other democracies, as well as based on legal positions developed by the European Court of Human Rights. The author comes to the opinion that some restrictions on the creation of parties are not necessary now, in the meantime they significantly narrow the possibilities of party creation and political competition. First, we are talking about a ban on the creation of regional parties. The Constitutional Court in its legal positions indicated that this restriction is temporary and will be lifted over time. Within the framework of this work, the author will give suggestions on changing the approach to the creation of political parties in Russia, which should affect the emergence of new strong parties at different levels of public authority. The author believes that a system of “controlled multiparty system” has developed in Russia, which is implemented both in changing the legislation on political parties based on the interests of the “party in power” and the practice of the registration body, which prevents the formation of new parties claiming to redistribute the existing distribution of forces. Based on the analysis of the legislation on political parties, law enforcement practice, decisions of the Constitutional Court of the Russian Federation, the ECHR and the legislation of foreign countries, the author proposes approaches to reforming the existing party system, which include small cosmetic changes and large-scale changes in approaches to the creation of parties.

Scientific Commentary on the Review of Judicial Practice on Some Issues of the Application of Legislation on Business Entities

2021 ◽  
Vol 6 ◽  
pp. 27-32
Author(s):  
V. K. Andreev ◽  
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Separation Of Powers ◽  
Civil Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Business Entities ◽  
Law Making

The article discusses the forms of clarification on matters of judicial practice by the Plenum of the Supreme Court of the Russian Federation, the Presidium of the Supreme Court, as well as in the Review of judicial practice on some issues of the application of legislation on business companies dated December 25, 2019. Clarifications of the Supreme Court of the Russian Federation on issues of judicial practice are characterized as the positions of the courts identified in the course of studying and summarizing the judicial practice of the corresponding category of cases, which are acts of individual regulation of public relations. Focusing on Art. 6 of the Civil Code of the Russian Federation and Section 6, Art. 12 of the APC RF shows the validity of dividing wrong into two types of wrong: the «moderate» type of «judicial law-making and the position of the court» and the «radical» type of «judicial law-making», when the court develops the rule of law, which contradicts the constitutional principle of separation of powers. When resolving corporate disputes, it is necessary to investigate whether the charter of a non-public company does not contain the rights and obligations of its participants, which they themselves created by making a unanimous decision and including them in the charter of the company (paragraph 3 of Art. 66.3 of the Civil Code of the Russian Federation, paragraph 3 of Art. 14 of the Law about LLC).

scholarly journals Extension of a fixed-term employment contract: some theoretical and practical issues

2019 ◽  
pp. 65-72
Author(s):  
Sergey Kichigin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Necessary Conditions ◽  
Practical Work ◽  
Applied Problem ◽  
Employment Contract ◽  
Labor Contract ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Term Labor

The problem of introducing changes to a fixed-term employment contract in terms of amending (extending) its term is an urgent applied problem in the work of personnel services, which often arises in the course of their practical work. Argued, based on established judicial practice, the solution to this problem will create clarity in the application of the norms of the Labor Code of the Russian Federation. The norms of the Labor Code of the Russian Federation do not contain a ban on the application of the provisions of art. 72 of the Labor Code of the Russian Federation. However, to date there is no single, reasoned opinion on whether it is possible to change the term of a fixed-term employment contract, and if possible, under what conditions? On this issue, there are polar opinions. Both the courts and state authorities have repeatedly changed their position on this issue, right up to the diametrically opposite. In this paper, the author attempts to answer this question on the basis of the existing judicial practice and the courts understand the relevant provisions of the Labor Code of the Russian Federation, the opinions of the federal authorities of the Russian Federation, as well as their own attempts to interpret the provisions of the law, and concludes that the term of a fixed-term labor contract in the presence of compliance with the necessary conditions dictated by the norms of the Labor Code of the Russian Federation, established law enforcement practice.

scholarly journals TO THE QUESTION ABOUT THE CONCEPT «PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS»

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 89-93
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Procedural Costs ◽  
The Russian Federation ◽  
Definition Of ◽  
Article 5

The article is devoted to the issues of formulating the definition of such a criminal procedural concept as «procedural costs». Emphasizing the importance both for science and for law enforcement of clarity and clarity when formulating the definition of criminal procedural concepts, the authors point out that the formulation of this concept present in the current Criminal Procedure Code of the Russian Federation is far from being improved. Having studied the opinions on this issue of the Constitutional Court of the Russian Federation, a number of procedural scholars, the authors propose their own version of the definition of the concept of «criminal procedural costs» with its allocation in a separate paragraph of Article 5 of the Criminal Procedure Code of the Russian Federation.

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