scholarly journals TO THE ISSUE OF THE LEGAL STATUS OF THE COUNCIL OF MINISTERS OF THE REPUBLIC OF CRIMEA

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 3-10
Author(s):  
M. N. Dubinin
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Systematic Approach ◽  
Organization Structure ◽  
Historical Aspects ◽  
Constituent Entity ◽  
The Status ◽  
The Russian Federation ◽  
The Republic ◽  
Council Of Ministers

The article examines certain aspects of the formation of statehood in the Republic of Crimea after joining the Russian Federation. The author analyzes the historical aspects of the formation of the system of executive authorities of the constituent entity of the Russian Federation, establishes the historical relationships and continuity of the executive authorities of the Republic of Crimea during the stay of Crimea as part of Ukraine and after the events of the «Crimean spring». A systematic approach is applied, which allows transforming the system of executive authorities into an object with its own structure of structure, structure of organization, structure of functioning. The article examines the status of the Council of Ministers of the Republic of Crimea in the structure of government bodies, its powers, and the procedure for its functioning. The article analyzes the norms of the legislation of the Russian Federation and the Republic of Crimea, which regulate the formation and activity of the Council of Ministers of the Republic of Crimea.

scholarly journals THE LEGAL STATUS OF A LAWYER IN THE RUSSIAN FEDERATION AND THE REPUBLIC OF KOREA: COMPARATIVE-LEGAL ANALYSIS

2020 ◽  
Vol 24 (2) ◽  
pp. 353-388
Author(s):  
Denis A. Dobryakov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
A Priori ◽  
Practical Experience ◽  
Republic Of Korea ◽  
Legal Analysis ◽  
Legal Advice ◽  
The Status ◽  
The Russian Federation ◽  
The Republic

Corporations of attorneys-at-law (in Russian this term is a synonym to advocate and similar to lawyer; it means a legal professional who passed qualification exam and obtained special status of a lawyer) in the Russian Federation and the Republic of Korea passed complicated historical way and now have many common and even universal features, though circumstances of their forming were completely different. In both Russia and Korea lawyers are members of one of the most significant civil society institutions, which protect rights of their citizens, seeking legal advice or receiving such advice by other means (for example, when a lawyer was designated by investigator in the Russian Federation). Attorneys-at-law face challenges in their qualification and practical experience. Candidates for the status must pass a special test (the qualification exam), but there are some exceptions. One of the important differences is Korean law on the bar and lawyer activities regulated by the Russian legislation. If in Russia every candidate for lawyer's status must pass qualification exam without any exceptions in terms of experience and previous employment, in the Republic of Korea former prosecutors and judges have privileged position and are exempted from the examination as appropriate level of their qualification is presumed. At the same time, in the Russian Federation a candidate for lawyer's status is a priori jurist what means that he must have higher education in the field of law, while in the Republic of Korea access to the attorneys corporation in open to everyone regardless of the level and profile of education. However, non-jurist candidates must pass a bar exam. This article provides a comparativelegal analysis of the development and modern regulation of the legal status of a lawyer in the legislation of the Russian Federation and the Republic of Korea, examines both the differences of the legislation of the named countries, as well as common features. Besides this study is one of the first in the Russian legal science with reference to the Korean bar.

Change of Constitutional Law Status of Constituent Entity of the Russian Federation

10.12737/1142 ◽  
2013 ◽  
pp. 18-26 ◽  
Author(s):  
Александр Чертков ◽  
Aleksandr Chertkov
Keyword(s):  
Russian Federation ◽  
Stages Of Change ◽  
Constitutional Law ◽  
Legal Status ◽  
Constituent Entity ◽  
The Status ◽  
Federal Constitutional ◽  
The Subject ◽  
The Russian Federation

In article the constitutional bases of change of the status of the subject of the Russian Federation are analyzed. Prospects of adoption of the federal constitutional law on the matter, its basic provisions are predicted. Stages of change of constitutional legal status of the subject of the Russian Federation, the main directions of realization of this process and its restriction are offered.

scholarly journals Legal Regulation of the Status of a Sportsman in a Subject of the Russian Federation (On the Example of the Republic of Mordovia)

2021 ◽  
Vol 7 (1) ◽  
pp. 257-361
Author(s):  
N. Davydova ◽  
T. Khudoikina
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Healthy Lifestyle ◽  
Legal Regulation ◽  
Physical Culture ◽  
Federal Programs ◽  
Distinctive Features ◽  
The Status ◽  
The Russian Federation ◽  
The Republic

The relevance of the chosen research topic is due to the fact that in recent years in the constituent entities of the Russian Federation great attention is paid to physical culture and sports, federal programs for the development of physical culture and sports are being developed and implemented, sports facilities are being built for all categories of citizens. There is an active promotion of a healthy lifestyle, in connection with which, an interest in regular sports has been entrenched in society. The purpose of the study is to analyze the legislative regulation of the legal status of a sportsman in the constituent entity of the Russian Federation, since each region has its own distinctive features. To achieve the goal, the authors set the tasks to study the legislation on sports of the Republic of Mordovia. The article considers the current regional regulatory legal acts.

Judicial Power as Mandatory Attribute of a Constituent Entity of the Russian Federation

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0 ◽  
Author(s):  
Aleksandr Tsaliev
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Federal Courts ◽  
Point Of View ◽  
Judicial Power ◽  
Constitutional Court ◽  
Constituent Entity ◽  
The Status ◽  
Constitutional Justice ◽  
The Russian Federation

The article criticizes the idea of territorial federalism and on the example of judicial power the author demonstrates that attempts to reduce the constitutional and legal status of constituent entities of the Russian Federation to the level of administrative-territorial units only pursue the aim to divest them of state authority and property. In order to substantiate his point of view, the author analyzes the legal status of constituent entities of the Russian Federation and notes that judicial power is defined as their mandatory attribute. The author underlines social demand and necessity in founding and functioning of constitutional (charter) courts of constituent entities of the Russian Federation. The author criticizes the draft law which proposes to exclude justices of the peace from the courts of constituent entities of the Russian Federation and grant them the status of federal courts. The author describes German experience, where constitutional justice is carried out as part of the model of a two-level constitutional control — by the Constitutional Court of the Federation and bodies of specialized constitutional justice of constituent entities as its integral part.

BASIC ASPECTS OF THE FISCAL POLICY OF THE STATE IN THE SUBJECT OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 1 (6) ◽  
pp. 4-7
Author(s):  
B. Kh. ALIYEV ◽  
Keyword(s):  
Fiscal Policy ◽  
Russian Federation ◽  
Economic Management ◽  
Financial Flows ◽  
Constituent Entity ◽  
Current State ◽  
Management Measures ◽  
The Subject ◽  
The Russian Federation ◽  
The Republic

The article examines the current state of the fiscal policy of the constituent entity of the Russian Federation, which is a combination of diverse economic management measures based on the distribution and redistribution of financial flows. The analysis of fiscal policy on the example of the subject of the Russian Federation (Republic of Dagestan). The article outlines the problematic issues of the tax policy of the Republic of Dagestan and suggests ways to overcome the identified problems.

The Certainty of the Legal Status of Court Secretary and Court Clerk in Federal Courts

2020 ◽  
Vol 6 ◽  
pp. 26-34
Author(s):  
E. V. Gerasenko ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Civil Service ◽  
Federal Courts ◽  
Scientific Methods ◽  
Level Of Education ◽  
Additional Qualification ◽  
The Status ◽  
The Russian Federation

Employees of the federal courts' apparatus, in accordance with the current regulations, are public civil servants. In practice and in existing scientific research there is an approach to determining the legal status of this category of public servants through their duties, without specifying the specific requirements for candidates for the position to be filled. The purpose of this study is to define additional qualification requirements to be imposed on the applicant for the position of State Civil Service «Court Secretary» in court, in addition to those contained in the Federal Law «On State Civil Service of the Russian Federation» and orders of the Judicial Department of the Supreme Court of the Russian Federation. The tasks of this work are to study the theoretical foundations of the concept of «status of a State civil servant », to compare federal legislation, decrees of the President of the Russian Federation, decisions and other acts of ministries and departments in the field of the State civil service in the apparatus of federal courts; Justification for the need to include in the status of a public servant serving in the court apparatus additional requirements for the level of education. The methodological basis of the present study was the general scientific methods such as analogy, derivation, system analysis, as well as the private scientific methods: formal-logical, technical-legal and comparativelegal in their various combinations. The study concluded that it was necessary to distinguish the status of federal court staff according to the level of education required to replace a public civil service post, in particular the «Registrar of the Court».

scholarly journals LEGAL STATUS OF EMPLOYEES OF THE CRIMINAL EXECUTIVE SYSTEM OF THE RUSSIAN FEDERATION

2021 ◽  
Vol 6 (2(52)) ◽  
pp. 113-116
Author(s):  
Natalia Evgenievna Kuznetsova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Penal System ◽  
The Status ◽  
The Russian Federation ◽  
Executive System

The purpose of the study is devoted to the actual problems of the status of employees of the penal system. The paper identifies the problems of determining the status of employees of the penal system, and also suggests some methods and mechanisms for solving these problems.

Territories with special status within Federal States (constitutional and legal research)

2019 ◽  
Author(s):  
Игорь Ирхин ◽  
Igor Irkhin
Keyword(s):  
United States ◽  
Russian Federation ◽  
Legal Status ◽  
The United States ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Research ◽  
Federal States ◽  
The Status ◽  
The Russian Federation

This monograph comprehensively examines the constitutional and legal status of territories with a special status within the Federal States in the context of the Institute of territorial autonomy. The study is based on the experience of constitutional and legal regulation of the status of Autonomous districts in the "composite subjects" of the Russian Federation, administrative-territorial units with a special status in the constituent entities of the Russian Federation, Autonomous districts in India, Nunavut territory in Canada, unincorporated territories of the United States This monograph is one of the first works in the domestic jurisprudence, in which the study was conducted from the perspective of territorial autonomy. The publication is intended for researchers, postgraduates and students, all readers interested in constitutional (public) law, theory of state and law.

scholarly journals RATIO OF THE LEGAL AND PROCEDURAL STATUS OF THE HEAD OF INVESTIGATIVE BODY

2018 ◽  
Vol 22 (2) ◽  
pp. 158-165
Author(s):  
T. Yu. Popova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Proceedings ◽  
The Status ◽  
The Russian Federation ◽  
Legal Sense

Article is devoted to search of author's determination of the criminal procedure status of the head of investigative body. Determination of the status is given in it is general legal sense, types of legal statuses, such as the general (constitutional), special (patrimonial), individual, the status of the foreigner and branch legal statuses are allocated. The discussion about a ratio of legal status and a legal status on the basis of which conclusions the author has divided concepts of legal and procedural status per se is given. Are carried to number of elements of legal status of the head of investigative body: the rights and duties provided by the Code of Criminal Procedure of the Russian Federation and specified departmental standard legal by acts of the Ministry of Internal Affairs of the Russian Federation, SK of Russia and FSB of Russia; the criminal liability regulated by the Criminal Code of the Russian Federation and the disciplinary responsibility provided by subordinate regulations for non-execution or inadequate execution of the procedural powers; procedural and administrative accountability of activity of the head of investigative body to the head of higher investigative body. Elements of the criminal procedure status of the designated participant of criminal trial, according to the author, are the rights and duties provided by the Code of Criminal Procedure of the Russian Federation; the accountability of activity of the head of investigative body to the head of higher investigative body regulated by the Code of Criminal Procedure of the Russian Federation. The author has also mentioned a discussion about existence of criminal procedure responsibility of participants of criminal legal proceedings. In article the maintenance of each of elements of the status and justification of reference of each of them to this or that type of the status is opened. Proceeding from the considered structure, the concept of the criminal procedure status of the head of investigative body as the position of the head of the investigative body including his procedural laws, duties and accountability to the head of higher investigative body regulated only by the Code of Criminal Procedure of the Russian Federation is formulated.

scholarly journals Constitutional status of persons who are not citizens of the Russian Federation

2021 ◽  
Vol 21 (1) ◽  
pp. 100-105
Author(s):  
Andrei D. Bezuglov ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Social Rights ◽  
International Treaties ◽  
Economic Rights ◽  
Constitutional Level ◽  
The Status ◽  
The Russian Federation ◽  
Stateless Person

Introduction. The constitutional and legal status of persons who are not citizens of Russia is directly related to their political, social, personal and economic rights and freedoms. This raises the problem of correctly determining the status of persons who do not have Russian citizenship due to the fact that the legislation contains many provisions covering the totality of legal relations related to the status of a foreign citizen and a stateless person, where the personal and social rights of a person do not depend on his / her citizenship of another state. Theoretical analysis. The article examines the content of the constitutional status of non-citizens on the territory of Russia. It follows from the content of the first chapter of the Constitution of the Russian Federation that the concept of personality includes any person who is both a citizen and a foreign citizen, or a stateless person, therefore, the rights and obligations established in relation to a person apply to non-citizens. Empirical analysis. The analysis of many rights guaranteed by the Constitution of the Russian Federation revealed that they are not related to citizenship and apply to all people, therefore, non-citizens should have the ability, enshrined at the constitutional level, to protect their rights in case of their violation by contacting state bodies and local self-government bodies. Results. Non-citizens enjoy the rights and bear obligations on the equal basis with the citizens of the Russian Federation, taking into account the peculiarities and restrictions established by federal laws and international treaties. There is a promising opportunity to improve Russian legislation by identifying an independent term of “non-citizens”, which will unite foreign citizens and stateless persons in order to implement comprehensive legal regulation for this category of persons.

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