Legal features of the exercise of the powers of the Constitutional Court of the Russian Federation

2022 ◽  
pp. 109-114
Author(s):  
A. V. Kuznetsov
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Legal Analysis ◽  
Federal Law ◽  
Legal Norms ◽  
The Russian Federation

The author studies the legal norms of the exercise of the powers of the Constitutional Court of the Russian Federation. The list of the main provisions of the Federal Law on the powers of judges and the court in connection with amendments to the Constitution of the Russian Federation is presented. The provisions of the new edition of the Federal Law on the Constitutional Court of the Russian Federation are considered. The legal analysis of the amendments made to the FKZ for legal evaluation from the theoretical and practical side is carried out.

Theoretical and legal aspects of canceling decisions on citizenship of the Russian Federation in connection with the use of false documents or reporting knowingly false information

2020 ◽  
pp. 21-33
Author(s):  
Aleksandr Kursaev
Keyword(s):  
Russian Federation ◽  
Practical Interest ◽  
Legal Aspects ◽  
Legal Responsibility ◽  
Constitutional Court ◽  
Federal Law ◽  
False Information ◽  
Specific Content ◽  
Legal Norms ◽  
The Russian Federation

The subject of this work is the study of legal norms contained in Federal Law of May 31, 2002 No. 62-FZ “On Citizenship of the Russian Federation” and international law, establishing grounds for canceling decisions on citizenship in connection with the use of false documents or the reporting of knowingly false information, as well as the judicial practice of their application. We pay attention to the fact that the cancellation of decisions on the acquisition of citizenship is a form of constitutional legal responsibility in the form of the cancellation of a legally significant result. The methodological basis of the research is formal logical, interpretative, logical, comparative legal research methods. Formal legal, interpretative, and comparative legal methods are used in the analysis of the specific content of legal requirements relating to questions of canceling decisions on questions of canceling citizenship of the Russian Federation. The scientific novelty of the study lies in the analysis of the practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation regarding the content of the concepts of “false document” or “knowingly false information”. Of practical interest is also the question of the possibility of applying restraint periods when canceling decisions on citizenship issues.

scholarly journals FEATURES OF THE APPOINTMENT OF JUDICIAL EXPERTISE IN THE COURT OF APPEAL

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 170-180
Author(s):  
N. I. Sikorskaya
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Legal Analysis ◽  
Legal Norms ◽  
Arbitration Process ◽  
The Russian Federation ◽  
The Stability ◽  
Procedural Rights ◽  
Judicial Expertise ◽  
Court Of Appeal

The article describes the features of the appointment of judicial expertise in the court of appeal. The author conducts a theoretical and legal analysis of the regulation of the institution of appointment of expertise in modern Russian conditions. The author analyzes the current judicial practice in the field under study and notes that in practice, the appellate courts evaluate the applicants ‘ arguments about the appointment of expertise as additional evidence at this stage of the arbitration process in different ways. The author has separately considered the position of the higher courts (the economic Board of the Supreme court of the Russian Federation, the constitutional court of the Russian Federation) on the appointment of judicial expertise. The author concludes that in order to ensure the stability of judicial acts of the courts of first instance and minimize the exercise by the appellate instance of its powers to accept additional evidence, in order to comply with its own competence by commercial courts of different instances, as well as to prevent abuse of procedural rights by persons involved in the case, it is advisable for the courts to pay attention to the need for timely and correct appointment of expertise to clarify issues, requiring special knowledge and uniform application of legal norms by arbitration courts.

ADMINISTRATIVE COERCION: PROBLEMS OF THEORY, LEGISLATION AND PRACTICE

2021 ◽  
pp. 93-108
Author(s):  
Sergey A. Starostin ◽  
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Federal Law ◽  
Coercive Measures ◽  
Legal Norms ◽  
Legal Coercion ◽  
Analysis And Synthesis ◽  
The Russian Federation

The paper deals with the mechanism of administrative coercion. The peculiarity of the article content is a system analysis of the problems of theoretical, normative-legal and empirical (law-enforcement) aspects. The author defines the essence of administrative coercion, based on the modern system of legislative regulation and practice of its application, which has developed since March 2020. The article explores various aspects of administrative coercion. It is pointed out that the knowledge of administrative-legal coercion is impossible without its consideration in interre-lation with such categories as freedom, expediency, administrative responsibility.On the basis of the analysis of some coercive measures, applied in the conditions of pandemic, their legal assessment is given. Attention is drawn to the fact that in conditions of pandemic the measures of constraint which, according to their developers, fully conform to the require-ments of the Federal law "About protection of the population and territories against emergen-cies of natural and technogenic character" were and are often taken. It is not so! This Federal Law defines the general organizational and legal norms in the field of population and territory protection from emergencies, its effect covers the relations arising in the process of activity of state authorities of the Russian Federation and subjects of the Russian Federation, local authorities, as well as organizations and population in the field of population and territory protection from emergencies. In the context of the epidemic, the debate about the balance between voluntary submission and coercion in the form of fear of responsibility has intensified. Under conditions of uncer-tainty and unpredictability of the situation, the reality of risks, the legal regulation should be oriented towards protecting the population, excluding compromises and exceptions, blanket norms. But always possible in such conditions situations when the state in order to protect citizens, applies coercive measures not based on the law, when they are forced to be estab-lished by the executive authorities. The author of article used following methods: system analysis, dialectical, logical, com-parative-legal, analysis and synthesis, induction and deduction. As a result of the study conclusions were drawn that doctrine and practice convincingly prove that measures of administrative coercion should be formalized as much as possible. When the need arises to apply them, there is no time to discuss what measures, when, to what extent to apply. It is necessary to apply what is already there. When the situation returns to normal, the applied measures should be analysed and both the substantive norms and even more carefully the procedural norms should be improved. Provisions on executive authorities should include a mandatory section on "coercive measures applied by these authorities, grounds and procedure for their application".

WITH REGARD TO THE QUESTION OF COMPLIANCE WITH THE PRINCIPLE OF LEGALITY IN ESTABLISHING ADMINISTRATIVE LIABILITY FOR FAILURE TO IMPLEMENT DECISIONS OF THE RUSSIAN FEDERATION’S COUNTER-TERRORISM BODIES

2021 ◽  
pp. 82-92
Author(s):  
Artem V. Rudenko ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
System Construction ◽  
Federal Law ◽  
Basic Principles ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Federal Laws ◽  
Principle Of Legality

The relevance of the article stems from the adoption by the constituent entities of the Russian Federation of rules on administrative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation in situations of conflict with federal law regulations, caused by adoption of the Federal Law No. 82-FZ of 18 April 2018. This contradiction calls into question the conformity of the adopted norms of the laws on administrative liability of the constituent entities of the Russian Federation with the principle of legality, as one of the basic principles of the State’s legal system construction. The purpose of the article is to develop a position on legal conduct in a situation of con-flict with the legal norms of federal legislation in establishing administrative liability by the constituent entities of the Russian Federation. The possibility of establishing administrative liability at the level of the constituent entities of the Russian Federation is enshrined in the Constitution of the Russian Federation and the Code of Administrative Offences of the Russian Federation After the adoption of the Federal Law No 82-FZ of 18 April 2018 «On Amendments to the articles 5 and 5.1 of the Federal Law «On Counteracting Terrorism» legal conflict in the regulation of these powers has arisen. These changes affected not only the regulation of the above-mentioned powers of the constituent entities of the Russian Federation, but also the system of sources of administrative liability, since Code of Administrative Offences of the Russian Federation states: administrative liability source system refers only to the Code and the laws of the constituent entities of the Russian Federation. The article contains an analysis of possible interpretations of the provisions of federal laws on the powers of the constituent entities of the Russian Federation to establish adminis-trative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Federation. Possible interpretations of the term «decisions of an anti-terrorist body» are analyzed from the point of view of the goals and tasks of formation of these bodies, their powers and organizational-steam form. The study concludes that it is necessary to comply with the provisions of the Code of Administrative Offences of the Russian Federation when determining responsibility for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation. It is recommended that the legislatures of the constituent entities of the Russian Federation refrain from adopting such norms. It is recommended that the judicial authorities should take into account the provisions of the Decision of the Plenum of the Supreme Court of the Russian Federation of 24 March 2005 No 5 « On certain issues raised by the courts in the application of the Code of Administrative Offences of the Russian Federation».

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 PECULIARITIES OF ALIENATION OF LEGAL ENTITY’S PROPERTY DURING BANKRUPTCY PROCEEDINGS/ COMPARATIVE LEGAL ANALYSIS OF THE SPECIAL LEGISLATION OF UKRAINE AND THE RUSSIAN FEDERATION

2021 ◽  
Vol 6 (44) ◽  
Author(s):  
Ie. Ryzhkova ◽  
I. Lykina ◽  
O. Karlyugin
Keyword(s):  
Russian Federation ◽  
Legal Analysis ◽  
Federal Law ◽  
Legal Entity ◽  
Financial Difficulties ◽  
Procedure Code ◽  
Bankruptcy Procedure ◽  
The Russian Federation ◽  
Legal Entities

Business bankruptcy is a widely used tool for solving a company’s financial difficulties and is used by many business representatives worldwide. This article reveals the bankruptcy concept, gives its characteristics, analyzes the procedure for alienating the property of bankrupts of legal entities, and formulates a conclusion on the article’s subject. At the end of 2019, the Code on Bankruptcy Procedures entered into force in Ukraine. The novelties of the bankruptcy procedure in the Russian Federation have been in power for four years, since October 2015. Undoubtedly, the neighboring country's experience was taken into account by Ukrainian legislators. Therefore, we decided to compare the conditions of bankruptcy and the peculiarities of alienation of the legal entity’s property during the period of bankruptcy proceedings under the laws of the Russian Federation and Ukraine.Keywords: bankruptcy, bankruptcy procedure, Code of Ukraine on Bankruptcy Procedures, creditors, debtor, bankrupt, bankruptcy of a legal entity, property, federal law.

scholarly journals Normative acts in the system of national tax security provision

2022 ◽  
Vol 5 (4) ◽  
pp. 148-158
Author(s):  
K. V. Maslov
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Direct Action ◽  
Federal Law ◽  
Economic Management ◽  
Russian Government ◽  
Public Authorities ◽  
Legal Norms ◽  
Russian Constitution ◽  
The Russian Federation

The subject. The article characterizes the role of Russian Constitution, federal laws and bylaws in ensuring tax security.The purpose of the article is to identify legal norms that ensure the tax security of the state, and to confirm the hypothesis that such norms hat such norms are effective in systemic interaction.The methodology. The author uses methods of system analysis of scientific papers devoted to the provision of various types of security. Formal logical and legal interpretation of Russian regulatory legal acts is used also.The main results. Regulatory documents in the field of tax security can be classified into: the Constitution of the Russian Federation at the highest level; program documents (conventions, strategies, charters, concepts, programs, doctrines, standards, directives) as acts of the first level, the legislation of the Russian Federation and its constituent entities is at the second level; departmental regulatory legal acts are at the third level. The law on security should be an act of direct action that determines the content of the management activities of public authorities to ensure security by fixing its goals, principles, the most general forms and means of implementation. The basis of legal provision of tax security at the legislative level should be defined in the federal law on security as well as in the federal law "On Tax Authorities of the Russian Federation" (in intra-governmental relations context because tax authorities are the main subjects of tax administration) and in the Russian Tax Code (concerning relations between public administration bodies and private entities). Any draft legislative acts affecting issues of tax relations and economic management should be examined for compliance with national interests in the field of tax security and the effectiveness of minimizing threats. Each legislative act should take into account the implementation of the goals and principles of ensuring tax security (as well as other types of security) enshrined in the concept document. Such expertise is possible in the process of approving draft laws by the Russian Government as well as when registering relevant bylaws by the Russian Ministry of JusticeConclusions. The Russian Constitution should consolidate a unified approach to the essence of security as a whole. Legislative acts (first of all, the laws on security, on tax authorities, the Tax Code of the Russian Federation) should provide for the main directions of countering threats to tax security arising in the relevant areas of regulation. By-laws and regulations are designed to fix specific managerial ways of dealing with such threats.

scholarly journals Unrestricted (absolute) rights and freedoms of man and citizen in the Constitution of the Russian Federation of 1993 and international acts

2019 ◽  
Vol 2019 (4) ◽  
pp. 69-75
Author(s):  
Aleksandr Podmarev
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Religious Affiliation ◽  
International Standards ◽  
Constitutional Court ◽  
Federal Law ◽  
The Russian Federation ◽  
The Individual

The 1993 Constitution of the Russian Federation as one of the principles of the legal status of an individual establishes the possibility of restricting human and civil rights and freedoms, while also providing for the necessary conditions for imposing such restrictions (the existence of a constitutional goal of restriction; setting restrictions only by federal law; proportionality; compliance with international standards of restrictions; prohibition restrictions on rights based on social, racial, national, linguistic or religious affiliation). The need for the existence of restrictions on the rights and freedoms of the individual is due to various reasons: the protection of the foundations of the constitutional order, the rights and freedoms of other persons, and the interests of the state. However, certain human rights and freedoms cannot be restricted under any circumstances; this so-called absolute rights and freedoms. But neither national legislation nor international law contain a precisely defined list of absolute rights and freedoms. The aim of the article is to identify in the Constitution of the Russian Federation of 1993 and in international acts unrestricted (absolute) rights and freedoms of a person and citizen. The relevance of the research topic for the Russian constitutional legal science is due to the fact that certainty in the understanding of the list of unrestricted rights and freedoms is necessary for the improvement of lawmaking and law enforcement activities. The article examines the provisions of the Constitution of Russia, the main international legal acts on human rights, the legal positions of the Constitutional Court of the Russian Federation.

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