scholarly journals Constitutional status of the Russian State Council in the mirror of actual constitutional reforms

2021 ◽  
Vol 5 (3) ◽  
pp. 57-74
Author(s):  
O. A. Kozhevnikov ◽  
A. V. Bezrukov ◽  
A. N. Meshcheryakov
Keyword(s):  
Foreign Policy ◽  
Russian Federation ◽  
The State ◽  
State Council ◽  
Public Power ◽  
Constitutional State ◽  
Russian State ◽  
Russian President ◽  
The Russian Federation ◽  
State Body

The subject of research is social relations concerning the constitutional transformation of the State Council of the Russian Federation into the format of a constitutional state body, it’s tasks and functions in the unified system of public power. The aim of the research is to confirm or disprove hypothesis that the Russian State Council is a constitutional state body that ensures the coordinated functioning and interaction of authorities in the unified system of public power.The methodological basis of the research includes historical, comparative legal, formal legal methods, legal modeling and forecasting. The research is based on existing and historical legal acts, materials of judicial practice, as well as on the works of leading national lawyers.The main results, scope of application. The authors substantiate concept of the constitutional status of the Russian State Council as a completely new constitutional state body, formed on the basis of modern national principles of state building, taking into account the existing constitutional practice. Main task of the State Council is exercising the constitutional powers of the Russian President to ensure the coordinated functioning and interaction of public authorities, the definition of the main directions of national and foreign policy of the state. The article provides a critical analysis of the goals, tasks, functions of the Russian State Council, the decisions it makes, as a result of which a number of conflicts in the regulation of its constitutional-legal status are revealed. Some proposals to improve legislation and law enforcement practice aimed at solving of the discovered contradictions are made. Current constitutional of the State Council is a result of the constitutional amendments of 2020 in the Russian Constitution and innovations in the Federal Law on the State Council of the Russian Federation. The authors substantiate the idea that the consolidation of a new constitutional position of the State Council can be considered as a process of forming a completely new state body, designed to ensure the coordinated functioning and interaction of bodies included in the unified public system. A comparative legal analysis of the constitutional legislation on State Councils in foreign countries showed that despite the same name the status and functions of these state institutions differ greatly in different countries, therefore any comparative study of them will be unreliable.Conclusions. The Russian State Council has competence, functions of a state power character, take decisions signed by the President of the Russian Federation and therefore have a generally binding character. So it has the characteristics of a public authority. The Russian State Council is a new constitutional and legal structure - a constitutional state body created in order to implement the constitutional powers of the Russian President to ensure the coordinated functioning and interaction of other bodies (that are part of the unified system of public authority) and to determine the main directions of domestic and foreign policy of the state.

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 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.

Law enforcement practice of judicial authorities on tax disputes

2021 ◽  
pp. 550-563
Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
Effect Relationship ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law ◽  
Qualitative Characteristics ◽  
State Body

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.

scholarly journals The Parliament of the Russian Federation: Evolution of the Establishment and Functioning

2020 ◽  
Vol 12 ◽  
pp. 65-68
Author(s):  
Saida A. Saybulaeva ◽  
Keyword(s):  
Social Development ◽  
Russian Federation ◽  
Legal Status ◽  
The State ◽  
State Structure ◽  
Legislative Body ◽  
Russian State ◽  
The Russian Federation ◽  
Constitutional Changes

The article deals with the establishment, formation and activity of the Supreme representative (legislative) body of the Russian Federation. It is shown that the bicameral Parliament of the Russian state was formed under the influence of international, national political, legal and social development. It is noted that the essence of the bicameral Parliament is a legal reflection of the specifics of the development and state structure of Russia. The influence of reception and succession on the formation of the Federal Assembly of the Russian Federation is considered. The article analyzes the consequences of modern constitutional changes in the sphere of political and legal status of the Russian Parliament and their subsequent impact on the state mechanism of the Russian Federation.

scholarly journals THE ESSENCE OF THE PHENOMENON OF THE RUSSIAN FEDERATION GEOPOLITICS

2017 ◽  
pp. 4-15
Author(s):  
O. Kondratenko
Keyword(s):  
Foreign Policy ◽  
Russian Federation ◽  
North Caucasus ◽  
Russian Government ◽  
The North ◽  
Electoral Support ◽  
Internal Politics ◽  
The Status ◽  
Russian President ◽  
The Russian Federation

The essence of the internal geopolitics of the Russian Federation (RF) and its influence on the foreign policy of Moscow is analyzed in the article. It was found that on the background of Russian nationalism the activation of separatist sentiments in the Russian national autonomies had occurred, particularly in the North Caucasus (Chechnia, Dahestan).Eventually, it caused two Chechen wars, as well as to the formation of dissatisfaction with the Center’s actions in Tatarstan, South and East Siberia and others. However, after internal politics and internal economy shocks of the 1990-th Russia has outlined a course to restore the status of a great state. An important factor for the Russian government is the support of its foreign policy by the population. It is traced that the level of electoral support of the Russian president entirely depends on the success of the Russian Federation on the international arena. Kremlin actively cultivates and uses imperial mood of society in order to justify the return of its “unjustly deprived” great power status. Therefore, governmental expansionist geostrategy obtains active support among theintelligentsia and broad social strata.

scholarly journals System of expected indicators of green growth and green economy

2019 ◽  
Vol 91 ◽  
pp. 08045 ◽  
Author(s):  
Anatoly Shevchuk ◽  
Andrey Prorokov
Keyword(s):  
Decision Making ◽  
Sustainable Development ◽  
Russian Federation ◽  
The State ◽  
Green Economy ◽  
State Council ◽  
Green Growth ◽  
Green Technologies ◽  
Investment Projects ◽  
The Russian Federation

The works, performed for the last three years at the request of various ministries and departments for decision-making on transition of the Russian Federation to green economy, are considered and critically analysed in the article. The purpose is to formulate the main approaches to the measurement of green economy, the concept of transition, measures for realization, etc. The results, received by the authors of this research, were used within the preparation of the meeting of the State Council, held on December, 27, 2016, and they can become the basis for the development of the scientifically proved Concept of transition of the Russian Federation to green economy and for the preparation of “Methodological recommendations on the inclusion of an ecological component in investment projects of regions in Russia”. The research was carried out on the basis of the Russian practice. However the research materials can be used both by domestic and foreign experts, who are engaged in studying green economy, green growth, green technologies, sustainable development, greening of economy, and for the heads, who are responsible for the economy development.

scholarly journals Formation of project management units in the federal authorities of Russia in 2016-2021

2021 ◽  
Vol 9 (3) ◽  
pp. 81-85
Author(s):  
Aleksandr Kodincev
Keyword(s):  
Project Management ◽  
Russian Federation ◽  
Developed Countries ◽  
Great Difficulty ◽  
The State ◽  
Management Standards ◽  
Russian State ◽  
State Administration ◽  
The Russian Federation ◽  
New System

The article reveals the process of formation and functioning of structural divisions of project management bodies in the federal authorities of the Russian Federation. In the 2010s, experiments were carried out to introduce project management technologies in individual ministries and regions. Project management standards have been developed. Since 2014, a series of regulations has been adopted that introduced project management into the system of government bodies. The new system, borrowed from developed countries, takes root with great difficulty. Since 2016, the development of project management has moved into the campaign stage. The leadership of the Russian state attaches great importance to the introduction of modern management technologies in the state system, including Project management. Therefore, despite the periodic slowdown of the campaign, the implementation of project management methods in the state administration continues.

scholarly journals Modern Threats to the National Security of Ukraine Related to Incomplete Legal Formalization Process of Ukrainian State Border

2021 ◽  
Vol 39 (68) ◽  
pp. 866-881
Author(s):  
Volodymyr Nikiforenko
Keyword(s):  
National Security ◽  
Russian Federation ◽  
The State ◽  
Potential Threat ◽  
Border Regions ◽  
Russian State ◽  
Border Conflicts ◽  
The Russian Federation ◽  
Sovereign Territory ◽  
The City

The border issue has become particularly urgent for Ukraine since 2014 with the beginning of military aggression by the Russian Federation, the illegal annexation of the Autonomous Republic of Crimea and the city of Sebastopol, as well as the temporary occupation of the part of Ukraine's sovereign territory in the Donetsk and Luhansk regions. The problem of the legal formalization of the Ukrainian-Russian state border requires closer examination in the context of complex relations between two states. This article seeks to analyze the current situation of legal formalization of the Ukrainian state border with neigh bouring countries and highlights the main threats to Ukraine's national security arising from the incomplete process of formalizing the Ukrainian state border with the Russian Federation. It was revealed that the incomplete process of legal formalization of the state border threatened to lose the state part of sovereignty, territorial integrity in sovereign territory. It is concluded that there is a potential threat of escalation of border conflicts and military clashes in Ukraine's border regions, as well as at Ukraine's borders, and the spread of extremist, terrorist, and separatist demonstrations on Ukraine's state border.

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