scholarly journals Retirement of a highest official of constituent entity of the Russian Federation due to loss of President’s confidence: constitutional issues

2021 ◽  
Vol 5 (1) ◽  
pp. 141-155
Author(s):  
I. A. Tretyak
Keyword(s):  
Russian Federation ◽  
Legal Responsibility ◽  
Federal Law ◽  
Public Power ◽  
Constituent Entity ◽  
Legal Standards ◽  
Social Nature ◽  
Legal Enforcement ◽  
The Russian Federation ◽  
Constitutional System

The subject. The article is devoted to the retirement of a highest official of a constituent entity of the Russian Federation in 2020 due to the loss of confidence of the President of the Russian Federation. Special attention is paid to the grounds for loss of such confidence, legal and social nature of confidence and different aspects of restriction of electoral rights for citizens. The purpose of the paper is to demonstrate that the retirement of a highest official in constituent entity of the Russian Federation vindicates electoral rights of citizens and decreases a level of confidence to public power of government and law. Moreover, the aim of this article is to prove that practice of the retirement of a highest official in constituent entity of the Russian Federation not always meet legal standards of negative constitutional legal responsibility. The methodology of the study includes general scientific methods (analysis, synthesis, description) and logical interpretation of Russian legal acts. Social definitions such as confidence and post-truth were analyzed by methods of philosophy and sociology. The main results and scope of their application. The author describes retirement of a highest official in a subject of the Russian Federation as a measure of constitutional responsibility and constitutional legal coercion in scope of practice in 2020. The author realizes, that President's decrees do not consist legal and appropriate basis for such retirement of a highest official in a subject of the Russian Federation, that is why this measure due to such practice cannot be qualified as negative constitutional legal responsibility. The author suggests ways to improve the mechanisms for applying measures of constitutional coercion in cases of retirement of a highest official in a subject of the Russian Federation due to the loss of confidence of the President of the Russian Federation for prevention of public power abusing, such as: 1) establishing in the federal law formally defined constitutional violations, that threaten the foundations of the constitutional system, morality, health, rights and lawful interests of other persons, ensuring defense and security of the state, the presence/absence of which is determined in the manner of a "preliminary" trial by the courts; 2) introduce measures of constitutional legal prevention or restraint against the highest official in a subject of the Russian Federation; 3) in the decrees of the President of the Russian Federation provide specific grounds for the loss of trust, established by the court. In addition to this, the author suggests to change federal law regulation to give a right for citizens, that live in a subject of the Russian Federation, to sue the President's decree about the retirement of a highest official in a subject of the Russian Federation. This measure will guarantee a real judicial protection for electoral rights for citizens. As a result, the article extends constitutional knowledge about measures of constitutional legal enforcement to highest officials in a subject of the Russian Federation.

scholarly journals State council in the light of the 2020 constitutional reforms

2021 ◽  
Vol 39 (3) ◽  
pp. 52-55
Author(s):  
P. R. Magomedova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
The State ◽  
State Council ◽  
Federal Law ◽  
Public Power ◽  
Advisory Body ◽  
Constitutional Reforms ◽  
Presidential Decree ◽  
The Russian Federation

The article analyzes the prerequisites for changing the legal status of the State Council of the Russian Federation, analyzes the Federal Law "On the State Council of the Russian Federation" dated December 8, 2020 No. 394-FZ and studies the changes that came into force in the light of the constitutional reforms of 2020. According to this Law, the State Council of the Russian Federation should become a real mechanism of public power in Russia, while remaining an advisory body and a platform for coordinating the interests of the regions and the center. The author conducted a comparative analysis of the State Council, which acted in accordance with the Presidential Decree of 2000, and the law adopted in 2020. Based on the conducted research, the author concludes that the amendments to the Constitution of the Russian Federation adopted in 2020 are timely and necessary in order to restore the existing government.

scholarly journals RESPONSIBILITY FOR CAUSING HARM BY A HIGHLY AUTOMATED VEHICLE: STATE AND PERSPECTIVES

2019 ◽  
pp. 117-124
Author(s):  
A. I. Chuchaev ◽  
S. V. Malikov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Road Traffic ◽  
Legal Responsibility ◽  
Federal Law ◽  
Automated Vehicles ◽  
General Terms ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of

The paper describes the existing in Russia regulatory legal responsibility for causing harm by a highly automated (unmanned) vehicle (BTS). The most significant documents currently include: Convention on Road Traffic; Road Safety Strategy in the Russian Federation; «Roadmap» to improve legislation and eliminate administrative barriers in order to ensure the implementation of the National Technology Initiative for the «Avtonet». The main attention is given to the order of the Government of the Russian Federation, in which the first approaches to the regulation of the operation of highly automated vehicles are indicated, the actors responsible for the case of damage by the drone are highlighted. The principles of the functioning of the BTS and the degree of their autonomy are shown in general terms. The authors analyze the approaches in the domestic criminal law to the responsibility of persons managing BTS and the approaches developed in foreign countries in relation to the regulation of the operation of highly automated vehicles. The main approaches to the definition of a criminal law prohibition are indicated and the most important algorithms of criminalization of the considered act are highlighted. The structure of the federal law on the regulation of the use of vehicles equipped with an automatic control system in the territory of the Russian Federation is proposed.

scholarly journals On Redistribution of Powers between Local Self-Government Authorities and Government Authorities of a Constituent Entity of the Russian Federation

2020 ◽  
Vol 10 ◽  
pp. 71-75
Author(s):  
Evgeniy Yu. Shagoyko ◽  
Keyword(s):  
Law Enforcement ◽  
Local Government ◽  
Russian Federation ◽  
Federal Law ◽  
Local Authorities ◽  
Constituent Entity ◽  
The Russian Federation

The article examines and analyzes the practice of applying the provisions of the Federal Law No. 136-ФЗ of 27.05.2014 “On Amendments to Article 26.3 of the Federal Law “On General Principles of Organization of Legislative (Representative) and Executive Government Authorities of the Constituent Entities of the Russian Federation” and the Federal Law “On general principles of the organization of local government in the Russian Federation” regarding the redistribution of powers between local authorities and state authorities of a constituent entity of the Russian Federation; an attempt was made to formulate typical problems as a result of law enforcement in the specified area.

Reform of the organization of public power: the main directions of implementation

2021 ◽  
Author(s):  
Lyudmila Andrichenko ◽  
A. Postnikov ◽  
L. Vasil'eva ◽  
Zh. Gaunova ◽  
E. Nikitina ◽  
...  
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
Public Authorities ◽  
Public Power ◽  
Municipal Employees ◽  
International Obligations ◽  
Mechanism Of Interaction ◽  
The Russian Federation ◽  
Constitutional System ◽  
Legal Mechanism

The monograph examines topical issues of reforming the organization of public power in our country in connection with the adoption in 2020 of the Law on Amendments to the Constitution of the Russian Federation. The logic of changes in the organization of public power and the directions of concretization of constitutional values, taking into account the laws of the development of the constitutional system of Russia, are revealed. The most significant characteristics of the updated model of interaction of federal public authorities in accordance with the principle of separation of powers are identified, the trends of constitutional transformations in the spheres of federal relations and local self-government, ensuring the fulfillment by public authorities of international obligations of the Russian Federation are investigated. Particular attention is paid to the development of the legal mechanism of interaction between public authorities and civil society. The authors of the book take into account the results of legislative support for the reform of public power in 2020-2021, a forecast assessment of the implementation of the relevant constitutional and legislative novelties is given, including taking into account the existing legal risks. Solutions are proposed to a number of legal issues of legislative regulation of public power, which can increase the efficiency of its functioning. For researchers, teachers, students and postgraduates, deputies of representative authorities, state and municipal employees, as well as anyone interested in constitutional law issues.

scholarly journals To a question on the structure of the institute of legal responsibility of the state

2017 ◽  
Vol 5 (1) ◽  
pp. 1-8
Author(s):  
Вера Романова
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Federal Republic Of Germany ◽  
Federal Law ◽  
Civil Responsibility ◽  
History Of ◽  
The Russian Federation

The article analyzes the structure of the legal responsibility institute of the state. The article reveals the peculiarities of legal regulation of constitutional, civil and international legal responsibility of the state. The features of the subinstitute of constitutional responsibility of the State, which aims to ensure the inviolability of the principles of democracy and supremacy of the Constitution, as well as to protect the rights and freedoms of man and citizen are being shown. The author analyzed foreign experience of legal regulation of the legal responsibility of the state. The history of the formation and functioning of the procedure for impeachment of the Institute in the following countries: United States, United Kingdom, Denmark, Norway and the Federal Republic of Germany are expounded. Also considered are the basics of civil responsibility of the state. According to para. 2, Art. 8 of the Constitution of the Russian Federation in the Russian Federation it is recognized and protected equally private, state, municipal and other forms of property. Equal protection of all forms of property means, in particular, establishing the inadmissibility of any exception regarding the property responsibility for individual subjects, including the state. On this basis, we analyzed the concept of functional and absolute immunity of foreign states. The main provisions of both international law and the Federal Law of 11.03.2015, № 297-FZ "On the jurisdictional immunities of foreign States and property of a foreign state in the Russian Federation." are reviewed. The features of subinstitute of international legal responsibility of the state are investigated. It is generally known that one of the fundamental principles of contemporary international law is sovereignty. However, this principle does not indicate a lack of interaction and interdependence of the state, since no state can exist and develop in isolation from the world community. The article was supported by the Russian Foundation for Humanities, the project № 16-33-00017 «A comprehensive, interdisciplinary institute of legal responsibility: the concept, structure, relationships and place in the legal system".

scholarly journals DOCTRINAL POSITION OF THE INDEPENDENCE OF THE JUDICIARY IN WORKS OF V. I. ANICHINA

2017 ◽  
Vol 21 (6) ◽  
pp. 173-177
Author(s):  
A. P. Fokov
Keyword(s):  
Russian Federation ◽  
Theoretical Research ◽  
Legal Responsibility ◽  
State University ◽  
Federal Law ◽  
Modern Development ◽  
Russian State ◽  
Administration Of Justice ◽  
The Status ◽  
The Russian Federation

The article is in memory of Vera Ivanovna Anishina, Doctor of Law, Professor of the Russian State University of Justice, Chairman of the 2nd Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation. The author of the article highlights the basic doctrinal provisions of the independence of the judiciary in the writings of Professor V.I. Anishina, highlights the scientist's contribution to improving the mechanism of the judge's responsibility in the Russian Federation. Many topical issues are being touched on the judiciary in the Russian Federation. The author analyzes numerous works of the scientist in the field of the principles of the administration of justice and discloses the content of the principles of independence and independence of judges. Conclusions are drawn about the need to change the system of principles of law, by adding new ones. The idea of a new qualitative approach to the formation of a system of constitutional and legal ideas of the modern development of the judiciary in the Russian Federation is being put forward. Based on the assumption of the need to reform the system of bringing the judge to justice, ideas are offered regarding the mechanism for bringing the judge to legal responsibility on the basis of the ideas of Judge V.I. Anishina, who participated in the consideration of the complaints of judges, deprived of the status of a judge and appealing decisions of the qualification collegiums of judges and the highest qualification board of judges in the country's highest judicial body, other scientists and international experience. It is concluded that the mechanism of judicial responsibility must be enshrined in the federal law "On the responsibility of a judge in the Russian Federation". Current conclusions, having elements of scientific novelty, made by the author in the work, correlate with the available sources on the topic of the research, supported by theoretical research.

scholarly journals The System of Public Authorities of the Russian Federation: Concept, Characteristics, Interaction

2021 ◽  
Vol 18 (2) ◽  
pp. 192-203
Author(s):  
М. N. Kobzar-Frolova
Keyword(s):  
Russian Federation ◽  
The State ◽  
Public Authority ◽  
Constitutional Court ◽  
State Council ◽  
Federal Law ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
The Russian Federation

The entry into force of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation and the qualitative changes that were made to the text of the latter led to legislative activity. Laws were adopted, reflecting the changes made to the text of the Constitution, and containing new and / or little-studied terms, concepts, phenomena. Special attention of scientists and researchers was attracted by the Federal Law “On the State Council of the Russian Federation”, which came into force in December 2020, which for the first time legalized such terms as “public power”, “unified system of public power”, etc. The position is also of interest, expressed in the conclusion of the Constitutional Court of the Russian Federation dated March 16, 2020 No. 1-З in connection with the request of the President of the Russian Federation. It became necessary to give explanations and Author’s comments on the positive law of the country caused by these novelties. The term “public authority” is not a novelty for Russian legal science, but it has not been widely studied, and in connection with legislative changes it acquires new qualities, characteristics that need explanation and justification. The legislator provides an extensive definition of these terms. This makes it necessary to comprehend their essence, highlight the main elements of the public power system and demonstrate their political and legal ties, as well as the forms of interaction that take place in the public law regulation of relations between the subjects (elements) of a unified system of public power. Purpose: to investigate the essence of the concepts of “public power”, “unified system of public power”, to identify the characteristic features of the concept of “unified system of public power”. Among the main tasks: to show the political and legal ties and forms of interaction that arise between the subjects (elements) of a single system of public authority. Methods: logical, analytical, comparative legal, dialectical methods, allowing to reveal the essence, internal connections and the ratio of concepts enshrined in the federal law “On the State Council of the Russian Federation”, to reveal the features of a unified system of public authority. Results: state authorities are listed that correspond to the characteristics specified by the legislator, political and legal ties and forms of interaction that arise between the subjects (elements) of a unified system of public authority are identified, conclusions corresponding to the study are drawn.

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 Local Self-Government in the Context of the 2020 Constitutional Reform

2021 ◽  
Vol 16 (5) ◽  
pp. 35-41
Author(s):  
M. M. Stepanov
Keyword(s):  
Russian Federation ◽  
The State ◽  
Constitutional Reform ◽  
Main Trend ◽  
Federal Law ◽  
State Budget ◽  
Public Power ◽  
The Public ◽  
The Russian Federation

Local self-government in modern Russia was revived in the early 1990s. The legislation then in force was aimed at separating local self-government from the system of state authorities and ensuring its autonomy. The independence of local self-government was also established by the 1993 Constitution of Russia. As a follow-up to the provisions of the Constitution, the Federal Law dated 06 Oct 2003 No. 131-FZ “On General Principles of the Organization of Local Self-Government in the Russian Federation” was adopted. The Federal Law initiated the reform of local self-government aimed at improving the efficiency of local self-government bodies as an independent level of the public power most closely associated with the population. However, the municipal power is now radically different from that created in those years. This is primarily preconditioned by the lack of the necessary amount of its own revenue necessary to enable the municipal power to exercise its authority independently. The majority of municipalities need state assistance and interbudgetary transfers. The necessity to exercise control over the state budget spendings has led to the fact that the main trend in the development of local self-government in Russia was its integration into the vertical of public power. The legal crystallization of this process was carried out by amending the current legislation, especially the Federal Law No. 131-FZ dated 06 Oct 2003. The Constitutional Reform of 2020 has legitimized these changes.

scholarly journals Constitutional principles of the creation of federal territories in Russia

2021 ◽  
Vol 21 (4) ◽  
pp. 468-476
Author(s):  
Sergey S. Starikov ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Federal Law ◽  
Public Power ◽  
The Public ◽  
Strict Compliance ◽  
New Type ◽  
The Russian Federation ◽  
The Creation ◽  
Legal Mechanism

Introduction. During the constitutional reform of 2020, part 1 of Article 67 of the Constitution of the Russian Federation was supplemented with a provision on the possibility of creating federal territories. In this regard, questions need to be resolved about how the constitutional novel should relate to the principles of federalism established by the Constitution of the Russian Federation, and what the principles for the creation of federal territories in Russia are. Theoretical analysis. The creation of federal territories in the Russian Federation should take place subject to strict compliance with the principle of state integrity, the principle of equality and self-determination of the peoples of Russia; the principle of unity of the public power system; the principle of priority of individual rights and freedoms, their recognition, observance and protection by the state; the principle of compliance with the goals of the formation of federal territories with the strategic interests of the Russian Federation. Empirical analysis. It is revealed that the current version of Part 1 of Article 67 of the Constitution, firstly, establishes the possibility of creating federal territories as a new type of public legal territory, secondly, provides for a special organization of public power in these territories, different from the generally accepted organization operating on the territory of the subjects of the Russian Federation, and, thirdly, defines the constitutional and legal mechanism for their creation: the adoption of a federal law. This norm does not specify the types of federal territories and the possible goals of their creation. These issues are fully attributed to the discretionary powers of the Russian Parliament. Results. Based on the analysis of the scientific literature devoted to the problems of federal territories in Russia and abroad, and the legislation of the Russian Federation, the definition can be formulated: federal territory is a public legal entity that has a special constitutional and legal status determined by national strategic significance, created in accordance with a regulatory act providing for direct or indirect management of it by the federal government, defining the specifics of the exercise of public power in accordance with the goals of creation, additional guarantees and restrictions on the rights and freedoms of citizens.

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