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.

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.

CONSTITUTIONAL RESPONSIBILITY DETERMINATION AS A LEGAL RESPONSIBILITY TYPE: ON THE ISSUE STATEMENT

2018 ◽  
pp. 133-140
Author(s):  
N.E. Sadokhina
Keyword(s):  
Russian Federation ◽  
Special Kind ◽  
The State ◽  
Legal Responsibility ◽  
Constitutional Court ◽  
Legal Method ◽  
Legal Nature ◽  
The Russian Federation ◽  
Legislative Changes ◽  
The Stability

The relevance of the research topic is due to the uncertainty of the provision of constitutional responsibility in the system of legal responsibility types. The study purpose is to the legal nature analysis of constitutional and legal responsibility, allowing it to be viewed as a form of legal responsibility. The conducted research is based on general scientific analysis methods, deduction, and also private law – the formal legal method. So, on the basis of the analysis of the current legislation and law-enforcement practice, we conclude that the political and legal nature of constitutional responsibility is special. On the one hand, it is a form of legal responsibility and is applied to subjects of constitutional responsibility in cases provided for by constitutional norms. On the other hand, it helps to regulate relations that arise in the sphere of public administration, ensure the stability of the functioning of the state apparatus. It is established that this feature explains also the fact that constitutional responsibility can occur not only in case of an offense, but also in case of lawful behavior. It is determined that for consideration of the constitutional responsibility as a special kind of legal responsibility it is necessary to introduce a special procedural order of calling to account, including in particular the procedure for appealing the dissolution of the State Duma, giving the Constitutional Court of the Russian Federation the powers to consider such cases. And it is also necessary to fix a list of circumstances that may form the basis for a decision on mistrust in the Constitution of the Russian Federation. The conclusion is made that these legislative changes will underline the specificity of constitutional and legal responsibility and leave no doubt about its status as a kind of legal responsibility.

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.

CONCEPTUAL AND METHODOLOGICAL FOUNDATIONS OF THE POLITICAL AND LEGAL ANALYSIS OF THE CONSTITUTIONAL REFORM IN THE RUSSIAN FEDERATION 2020 (EXPERIENCE OF EXPERT ASSESSMENTS)

2020 ◽  
Vol 15 (6) ◽  
pp. 88-102
Author(s):  
A.V. GLUKHOVA ◽  
◽  
D.V. SHCHEGLOVA ◽  
Keyword(s):  
Russian Federation ◽  
Political System ◽  
Political Regime ◽  
Professional Activity ◽  
The Political ◽  
Legal Analysis ◽  
Age Cohorts ◽  
Aged People ◽  
The Russian Federation ◽  
The Stability

The purpose of the article is to study the conditions and consequences of reforming the political system by adjusting the Constitution as its political and legal basis. The research methodology in solving the assigned tasks is the political, legal and legal approaches in the interpretation of the legality and legitimacy of the decisions made; systemic, communicative and conflictological approaches in assessing the transformation of the political and legal foundations of the political regime. An all-Russian expert survey was conducted (70 experts, 25 cities of the Russian Federation), which made it possible to assess the content of the amendments made to the Constitution of the Russian Federation in terms of the emergence of risks to the stability of the political system. As a result of the performed political science analysis, the attitude of experts to the content and procedure for amending the Constitution of the Russian Federation was revealed. According to experts, the most illegal are (in descending order): "zeroing" of presidential terms; popular vote; form of amending the Constitution of the Russian Federation. Among those who consider the amendments to be legal, there are more representatives of two age cohorts: up to 40 years old and over 64 years old, although negative assessments remain dominant in this case. Middle-aged people are more critical. The scientific degree (doctors / candidates of science), as well as the field of professional activity (lawyers / non-lawyers) practically do not differ in assessing the legal nature of the amendments made to the Constitution of the Russian Federation (with the exception of certain points).

The Protection of marine mammals in the legislation of some states

Fisheries ◽  
2021 ◽  
Vol 2021 (5) ◽  
pp. 33-42
Author(s):  
Damir Bekyashev
Keyword(s):  
Russian Federation ◽  
Marine Mammals ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Norms ◽  
The Usa ◽  
The Russian Federation

The article discusses the norms of the legislation of the USA, Canada, Norway, Denmark (in part of Greenland) concerning the protection of marine mammals. A comparative legal analysis of these legal norms is carried out, the features, differences and similarities of legal regulation are revealed. Recommendations for improving Russian legislation and the possible application of the experience of foreign states in the legal regulation of the protection of mammals in the Russian Federation are developed.

scholarly journals Reasons Why Inflicting Harm is not a Sufficient Indicator of Abuse of the Right

Lex Russica ◽  
2021 ◽  
pp. 22-31
Author(s):  
S. V. Musarskiy
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Point Of View ◽  
Constitutional Court ◽  
Negative Consequences ◽  
Legal Norms ◽  
Key Factor ◽  
The Russian Federation ◽  
The Right ◽  
Subjective Rights

One of the most difficult issues of civil law is the determination of the criteria for abuse of rights prohibited by Article 10 of the Civil Code of the Russian Federation. Among numerous points of view on this issue, the following has become very widespread in judicial practice: an abuse of the right can be established based on the negative consequences that have occurred for third parties as a result of the exercise of the right. Since these consequences are evident, then the exercise of the right constituted an abuse. Substantial support for this approach is provided by the Constitutional Court of the Russian Federation opining that the rule of Art. 10 of the Civil Code of the Russian Federation is aimed at implementing the principle enshrined in Part 3 of Art. 17 of the Constitution of the Russian Federation. Having studied the origins of this point of view and its legal foundations, the author noted a number of inherent shortcomings. In particular, this point of view does not distinguish between inflicting unacceptable harm and admissible actions causing harm to another person; it does not take into account the competition of legal norms; it does not take into account that causing harm prohibited by law is an offense and, therefore, it is not an act of exercising subjective rights. These and other shortcomings of the concept of causing harm, noted by the author of the paper, lead to the conclusion that the feature of “causing harm” in itself is insufficient to qualify the act as an act of abuse of the right and the application of Art. 10 of the Civil Code of the Russian Federation. In addition to the indicated feature, which is a prerequisite for the application of Art. 10 of the Civil Code of the Russian Federation, the court must establish another (key) factor, namely: the fact that, in its opinion, allows to distinguish between legal abuse and other lawful and unlawful phenomena.

scholarly journals Special Knowledge Application in the Prosecutor’s Office Activities

2021 ◽  
Vol 16 (7) ◽  
pp. 145-158
Author(s):  
O. Yu. Antonov ◽  
S. V. Shepelev
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Knowledge Application ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Competent Person ◽  
History Of ◽  
Response Measures ◽  
Special Knowledge ◽  
The Russian Federation

In the paper, given the recent history of prosecutorial supervision, the opinions of prosecutors and scientists, and the position of the Constitutional Court of the Russian Federation, the authors analyze the legislation and court practice on cases when prosecutors engage experts. The forms of special knowledge application in the course of the prosecutor’s supervision are highlighted and specified. The authors formulate recommendations for their design and use both during the prosecutor’s investigation and for further possible legal proceedings. In case the prosecutor’s decision is taken within the framework of the powers granted by the Law on the Prosecutor’s Office, it must be made based on the results of an audit conducted with the participation of a competent person. In cases when the prosecutor’s investigation findings are subsequently result in response measures made up of legal norms in the framework of legal proceedings, the examination must be carried out in court in order to establish the circumstances requiring the use of special knowledge. Special knowledge application in the course of the prosecutor’s investigation becomes the basis for further measures of the prosecutor’s response. The authors substantiate the opinion that the integration of the institution of forensic examination into the implementation of prosecutorial supervision in its pure form is impossible. At the end of the paper, a conclusion is formulated about the forensic significance of this activity, including for an investigator, an inquiry officer at the stage of initiating a criminal case.

Doctrinal Approach to the Interrelation between National and International Law in the light of Constitutional Amendments

2021 ◽  
Author(s):  
E.O. Madaev ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Constitutional Court ◽  
Dual Model ◽  
Private International Law ◽  
Legal Analysis ◽  
Public And Private ◽  
Constitutional Amendments ◽  
The Russian Federation

The article analyzes the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-Federal Constitutional Laws «On Improving the Regulation of Certain Issues of the Public Power Organization and Functioning». The author carries out the theoretical and legal analysis of the Russian Federation Constitutional Court practice and the legislation adopted in view of this practice. It is noted that the amendments added to the Constitution of the Russian Federation reflect the official doctrine based on the recognition of the priority and supremacy of the Russian Federation Constitution in the legal system of the country. The author agrees that representatives of economically and militarily strong states have a significant influence on the development of international law, expressing the foreign policy doctrines of their states, while building a dual model of behavior: in relation to themselves – the priority of national law, in relation to other countries – the priority of international law. Under these conditions, the doctrine becomes a universal tool that connects the national and international legal spheres. It is necessary to recognize the ability of the doctrine to ensure the individualization, self-identification of the domestic legal system, the convergence of the Russian legal system and the systems of international public and private international law.

scholarly journals Legal Bases of the Involvement of Citizens in Solution of Local Issues

2021 ◽  
Vol 3 ◽  
pp. 22-26
Author(s):  
Oksana B. Novruzova ◽  
◽  
Polina E. Snegireva ◽  
Keyword(s):  
Russian Federation ◽  
Active Participation ◽  
The State ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
Legal Norms ◽  
Effective Implementation ◽  
The Russian Federation

In this study, the author examines such an urgent topic as the participation of citizens in resolving issues of local importance. The existing scope and content of powers in the sphere of local self-government are analyzed. The place and significance of this right in the system of legal norms is determined. The article considers a list of sources that influence the formation and functioning of these powers, including the legal positions of the Constitutional Court of the Russian Federation on the issue under study. In addition, the author summarizes the meaning of the main constitutional amendments in this area of legal relations. The author comes to the conclusion that it is necessary for the state to take appropriate measures in order to ensure the active participation of the population in resolving issues of local importance, as well as the effective implementation of the citizens' right to exercise local self-government.

scholarly journals Novelties in the Constitution of the Russian Federation in the area of corruption prevention

2020 ◽  
pp. 1-9
Author(s):  
Ol'ga Sergeevna Sokolova
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Legal Analysis ◽  
Public Authorities ◽  
Municipal Law ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
Corruption Prevention

The subject of this article is the novelties in the Constitution of the Russian Federation, which impose laminations on persons, who fill public and municipal positions. The author applied the method of comparative legal analysis of the norms of Russian law that regulate imposition of anti-corruption restrictions in activity of the federal government branches, public authorities, and local self-governing bodies. Comparative analysis is conducted on the restrictions introduced in new revision of the Constitution of the Russian Federation and the corresponding norms in federal legislation. The author examines the norms of constitutional, administrative and municipal law in the area of corruption prevention, particularly in the context of federative relations that established for regulation of public and municipal service, as well activity of the persons who fill public and municipal positions. The opinions of scientific community on the topic are presented. The article gives assessment to compliance of novelties of the Constitution of the Russian Federation on corruption prevention with the National Anti-Corruption Strategy, and legal positions of the Constitutional Court of the Russian Federation. The scientific novelty consists in determination of the conflicts of norms of constitutional, administrative and municipal law that impose anti-corruption restrictions, and assessment of their legal consequences.

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