scholarly journals Conscription for military service in legal positions of the Constitutional Court of the Russian Federation

2021 ◽  
Vol 2021 (4) ◽  
pp. 86-93
Author(s):  
Elena Novopavlovskaya ◽  
Alexander Lavrentiev
Keyword(s):  
Russian Federation ◽  
Military Service ◽  
Constitutional Court ◽  
Domestic Science ◽  
The Subject ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
Implementation Problems

The conscription for military service is a constitutional duty, the duty to defend the Fatherland – the order, the conditions for its implementation, problems and ways to resolve them are the object of attention in domestic science and the subject of various conflicts, litigation, incl. in the Constitutional Court of the Russian Federation. Currently, the bulk of the issues related to conscription for military service have been removed, not least thanks to the mechanism of constitutional justice.

scholarly journals Genesis of establishment and development of the judicial system of the Russian Federation in the late XX – early XXI centuries: institutional and normative characteristics

2021 ◽  
pp. 26-36
Author(s):  
Valentina Mikhailovna Bol'shakova
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Federal Courts ◽  
Judicial System ◽  
Constitutional Court ◽  
The Soviet Union ◽  
The Supreme Court ◽  
Judicial Proceedings ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the evolution of the structure of judicial system of the Russian Federation in the late XX – early XXI centuries. Description is given to the changes undergone by the Russian judicial system after dissolution of the Soviet Union. The author follows the dynamics of the normative legal changes that regulate judicial proceedings, as well as reveals the institutional framework of the modern structure of judicial system of the Russian Federation. The article illustrates the institutional and normative changes within the structure of judicial system of the Russian Federation in the late XX – early XXI centuries based on application of the comparative-legal and systemic methods of research. The novelty and the main conclusions lie in the following: it is established that the Russian Federation has issued the normative legal acts that contribute to the strengthening and unification of the Russian judicial system, uniformity of social guarantees and compensations set for judges. Currently, the judicial system of the Russian Federation is founded on the principle of combining administrative-territorial and district organization. It is determined that the judicial system of the Russian Federation consists of 1) the Constitutional Court of the Russian Federation; 2) the Supreme Court of the Russian Federation; 3) federal courts of general jurisdiction; 4) arbitration courts; 5) magistrates’ courts of the constituent entities of the Russian Federation. It is noted that since January 1, 2023, the Constitutional (statutory) courts of the constituent entities of the Russian Federation will be abolished.

The Subject of a Crime Under Part 1 of Art. 282 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 7 ◽  
pp. 87-92
Author(s):  
E. G. Bykova ◽  
◽  
A. A. Kazakov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Practical Significance ◽  
Constitutional Court ◽  
Scientific Publications ◽  
Legal Method ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Code

The change in the disposition of Part 1 of Art. 282 of the Criminal Code of the Russian Federation led to questions from law enforcement officers about from what moment a person is considered to be held administratively liable and what to mean by the commission of a similar act. The article carries out a systematic legal analysis of the provisions of the Criminal Code of the Russian Federation and the Administrative Code of the Russian Federation, as well as the position of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation in order to formulate proposals for solving the indicated problems. The fundamental method was dialectical. The formal legal method was used in the study of regulations governing certain aspects of the legal assessment of unlawful acts that take into account administrative precedence. Using a comparative legal method, a distinction was made between situations where a person was ordered to be held administratively liable and an administrative penalty was imposed. Scientific publications on the subject were analyzed. It was concluded that the current version of Part 1 of Art. 282 of the Criminal Code of the Russian Federation, containing a formally indefinite legal category, raises the problem of calculating the one-year period during which a person can be prosecuted under this norm if there is an administrative precedence. In addition, it is justified that a «similar act» should be understood only as an administrative offense, responsibility for which is provided for in Art. 20.3.1 Administrative Code of the Russian Federation. The use of criminal law by analogy is unacceptable, therefore, it is proposed to amend the disposition of Part 1 of Art. 282 of the Criminal Code to eliminate the identified gap. The problem identified could be the basis for further scientific research. The practical significance is due to the fact that the positions formulated by the authors can be taken into account in the process of improving criminal law, when amending the relevant explanations of the highest court in this category of cases in order to form a unified practice of applying criminal law.

scholarly journals The subject of judicial control in consideration of complaints: controversial issues of legal regulation

2021 ◽  
Vol 2021 (2) ◽  
pp. 104-109
Author(s):  
El'vira Mirgorodskaya
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
The Russian Federation

The purpose of this study was an attempt to theoretically understand the subject of judicial consideration of complaints against decisions, actions (inaction) of officials carrying out criminal prosecution. The research was carried out on the basis of comparative legal, formal logical, empirical, statistical methods. Judicial statistics for the year 2020 have been provided, and legislation has been studied from a historical and contemporary perspective, taking into account the practice of the Constitutional Court of the Russian Federation. The problem is that, in practice, for about 20 years the courts have had difficulties in determining the subject of complaints, since neither in theory nor in practice a consensus has been developed on this issue. The Criminal Procedure Code of the Russian Federation also does not contain a definition of the concept of «subject matter». The situation is aggravated by the presence of evaluative concepts in the text of the law, leading to a varied understanding of the subject of appeal by the courts, which leads to a violation of the constitutional rights of citizens at the pre-trial stages of criminal proceedings. In the article, taking into account the analysis of the practice of the Constitutional Court of the Russian Federation, legislation and the opinion of scientists, a recommendation was made to amend the Criminal Procedure Code of the Russian Federation to specify the subject of consideration of complaints in accordance with Art. 125 of the Criminal Procedure Code of the Russian Federation in order to eliminate existing contradictions in practice and increase the level of protection of individual rights in pre-trial proceedings.

scholarly journals PROCEDURE THE IMPLEMENTATION OF THE CONSTITUTIONAL PROCEEDINGS IN THE RUSSIAN FEDERATION AND IN THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Екатерина Ганичева ◽  
Ekaterina Ganicheva
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Former Soviet Union ◽  
Practical Interest ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Public Authorities ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Republic

The article is devoted to the problems of development of legislation which determines the procedure of the constitutional proceedings, the procedural status and terms of participants’ activity in the Russian Federation and in the Republic of Belarus. Constitutional justice is a relatively new Institute in a legal system of Russia and other former Soviet republics. Conditions for its formation in the former Soviet Union have common as well as specific features. The comparison of the place and role of the constitutional court in system of public authorities and the procedural legal regulation of the constitutional justice is of obvious scientific and practical interest now because a clear, systematic regulation is very important for creating the conditions to allow objectively and comprehensively examine and resolve the constitutional conflict. Highlighting the characteristic features of the Federal constitutional law «On the constitutional Court of the Russian Federation» and the Law of the Republic of Belarus «On constitutional proceedings», the author comes to the conclusion about the necessity of development and specifying of the activity of the Constitutional Court of the Russian Federation by improving the using of traditional procedural-legal institutions taking into account the unique status of the highest judicial body of the constitutional control.

scholarly journals Selectivity as the substitution principle the post of head of the subject of the Russian Federation

2015 ◽  
Vol 2 (2) ◽  
pp. 220-224
Author(s):  
D A Malyi ◽  
R A Sakhieva
Keyword(s):  
Russian Federation ◽  
Public Authority ◽  
Constitutional Court ◽  
Basic Principles ◽  
Substitution Principle ◽  
The Subject ◽  
The Russian Federation

In article one of the basic principles of replacement of a post of the head of the subject of the Russian Federation is considered. The principle of electivity reflects democratic essence of the organization public authority. The content of the principle of electivity is investigated through analysis of decisions of the Constitutional Court of the Russian Federation and current legislation.

scholarly journals Topical Problems of Criminal Prosecution for Illegal Banking Transactions

2019 ◽  
Vol 13 (6) ◽  
pp. 962-970
Author(s):  
Diana Alekseeva ◽  
Irina Mikheeva ◽  
Tatyana Suspitsyna
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Legal Nature ◽  
The Subject ◽  
The Russian Federation ◽  
Bank Employees ◽  
Uniform Assessment ◽  
Unambiguous Interpretation

In recent years there has been an increase in the number of crimes under Art. 172 of the Criminal Code of the Russian Federation («Illegal banking»), whose subjects, among other things, act as intermediaries for their clients and are not one of the sides in a contract with the bank. Such practice is not indisputable, because innocent people could be prosecuted if there is a mistake in the qualification of actions. The authors of the article assess the actions of physical persons providing the services of intermediaries for the bank clients who open accounts, make payments, conduct encashment and different cash operations. Specifically, the authors note that different actions of the bank and the client connected with banking transactions are designated in law in the same way, which leads to controversial situations, including the qualification of such actions as crimes. The authors determine the legal nature of banking as an aggregate of systemic banking operations and conclude that the actions of physical persons — intermediaries who are not bank employees or managers or other persons authorized by the clients of the bank — do not correspond to the characteristics of a crime under Art. 172 of Criminal Code of the Russian Federation. They stress that the current edition of Art. 172 of the CC of the RF does not allow for an unambiguous interpretation of the subject of the analyzed corpus delicti; the authors also present data from court practice that testify that it does not have a uniform assessment. The position of the Constitutional Court of the Russian Federation on this issue raises questions. The authors support the legal approach according to which Art. 172 of the CC of the RF refers to a special subject (head or other employee of a credit organization). They also point out that the disposition of the norm, in the part that includes subjective characteristics, makes it possible to prosecute a person for both intentional and negligent actions, which is not very well-grounded; the authors support the position that a person can only be prosecuted for illegal entrepreneurship if the intention is determined.

scholarly journals The category of certainty of the Constitutional Court of the Russian Federation’s judgments as a legal standard for the implementation of its decisions by the courts

2018 ◽  
Vol 55 ◽  
pp. 02010
Author(s):  
Dmitry Gvozdetsky
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Direct Action ◽  
Practical Importance ◽  
Constitutional Court ◽  
Main Task ◽  
Legal Standard ◽  
Legitimate Interests ◽  
Constitutional Justice ◽  
The Russian Federation

This article analyzes the problems of the category of certainty of the decisions of the Constitutional Court of the Russian Federation in the judicial enforcement practice of courts of general and arbitration jurisdiction. The key role played by the Constitutional Court in ensuring the direct action of the “living” Constitution of the Russian Federation in the work of the courts is substantiated. The certainty and uncertainty of the implementation of the judgments of the Constitutional Court as the paired legal categories in judicial law enforcement practice are analyzed. Their content side is disclosed. It is noted that the failure to comply with the requirements of the category of certainty of the decisions of the Constitutional Court leads to ambiguity, incorrectness, and also complicates the process of their implementation by judicial instances. Taking into account the foregoing, the regulation of relations is not based on the uniform practice of law enforcement that entails a violation of rights and legitimate interests of specific applicants and an indefinite number of persons. It is also explained in the paper that in the judicial law enforcement practice, the main task of constitutional law is the certainty of the text of decisions of the Constitutional Court. Theoretical problems in the sphere of the domestic constitutional justice, which are of theoretical and practical importance for ensuring the unity and consistency of judicial enforcement practice, have been developed. Conclusions referring to the problem under study are drawn and suggestions are made.

Problems of Creation and Functioning of Constitutional (Charter) Courts of the Subjects of the Russian Federation

2019 ◽  
pp. 51-57
Keyword(s):  
Local Government ◽  
Russian Federation ◽  
Separation Of Powers ◽  
Legal Proceedings ◽  
Democratic State ◽  
Justices Of The Peace ◽  
The Subject ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
Judicial Protection

Constitutional (statutory) courts are among the most effective bodies to protect the rights and freedoms of citizens. As a result of constitutional (statutory) legal proceedings, not only the person who filed the complaint receives judicial protection, but also other citizens whose rights were violated or could be violated, since recognizing a normative legal act as inadequate to the constitution, such a court cancels it. In his work, the author attempts to objectively assess the level and state of constitutional justice in the regions of the Russian Federation. In view of the fact that, with the exception of justices of the peace, the constitutional (statutory) courts are the only courts of the subjects of the Russian Federation, their absence in most entities violates the principle of separation of powers that is necessary in any democratic state. In addition, constitutional (statutory) courts play an important part in protecting the rights and freedoms of citizens, including allowing them to challenge the constitutionality of a particular law of the subject, as well as, for example, the regulatory legal act of the local government. The author concludes that there is a necessity to organize such courts, analyzes the problems in the already established courts of this category, and also formulates proposals for improving constitutional justice in the subjects of the Russian Federation.

The Object and Subject of Public Control in the Russian Federation: Theoretical and Legal Issues

2019 ◽  
pp. 11-19
Author(s):  
Galina Komkova ◽  
Elena Berdnikova
Keyword(s):  
Social Control ◽  
Russian Federation ◽  
Constitutional Court ◽  
Control Activity ◽  
Public Control ◽  
First Case ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
Governmental Institutions

Social control can be considered as a legal relationship, on the one hand, and as a kind of social control, on the other. In the first case, its object is information as a public good or object of legal action, and the subject is the acquisition by its participants of subjective rights and legal obligations arising during their interaction. In the second case, the object is a participant in social interaction, whose actions and decisions are monitored and evaluated by the supervisory authority, the subject being the legal status of the object, determined by compliance with the goals and objectives of the control activity. The article examines such legal gap as the absence of clear definitions of the object and subject of public control. According to the authors, the term «public authority», which appears in these definitions, is abstract and makes perception of certain objects of public control ambiguous. The category of «publicly significant functions» used by both the federal and regional legislators and the Constitutional Court of the Russian Federation is analyzed. From the position of the latter, even non-governmental institutions can perform these functions. The possibility of including the President of the Russian Federation in the list of objects studied by the authors is also being considered. It is concluded that, in general, his activities are not subject to public control, although there appear certain elements of parliamentary control while bringing the head of state to responsibility. The importance of competitive selection of civil servants with extensive public participation is emphasized. It is noted that the latter has no effect in appointing senior officials of the Government of the Russian Federation, and this may worsen the quality of its work. The authors give recommendations for improving legislation in this area.

scholarly journals Constitutional status of federal territories in Russia: theoretical foundations of legislative regulation

2021 ◽  
Vol 5 (1) ◽  
pp. 124-140
Author(s):  
N. V. Vasilieva ◽  
S. V. Praskova ◽  
Yu. V. Pyatkovskaya
Keyword(s):  
Russian Federation ◽  
Complex Analysis ◽  
The State ◽  
Constitutional Court ◽  
Federal Law ◽  
The Status ◽  
Russian Constitution ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the study is the constitutional concept of federal territories in Russia. The purpose of the article is to confirm or disprove hypothesis that constitutional status of federal territories in Russia consists of system of elements and identify such elements. The authors use the method of formal legal interpretation of Russian Constitution, the methods of comparative constitutional law, complex analysis, systemic interpretation of Russian laws and drafts of laws. The main results of research, scope of application. When making an amendment to part 1 of Article 67 of the Constitution of the Russian Federation, the content of this innovation was not disclosed. Therefore the federal law on federal territories will be of decisive importance. The authors define the constitutional characteristics of the federal territories based on the literal content of the constitutional norm and the conclusion of the Constitutional Court of the Russian Federation. The federal territory is an element of the state territory that is not a subject of the federal structure and has a status different from the status of the constituent entities of the Russian Federation. There are specific features of the organization of public power in federal territory. The authors’ vision of the content of each of the elements of the federal territories is presented. It is noted that the defining element of the status of federal territories will be the purpose of their creation. The authors propose a conceptual division of federal territories in Russia into two types: inhabited and uninhabited. It is stated that at the moment, the status elements can be clearly defined only in relation to uninhabited federal territories. The formation of the concept of inhabited federal territories will depend on definition of the purpose of their creation. Conclusions. It is proposed to consider the elements of the status of federal territories in Russia, based on the elements of the status of the subject of the Russian Federation, and in comparison with them. Such elements are: territory, population, subjects of jurisdiction, responsibilities, state power organization, property and budget, system of taxes and fees, names and symbols, population’s role in the state affairs management.

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