scholarly journals Russian President and local self-government: the evolution of relationships

2021 ◽  
Vol 5 (3) ◽  
pp. 75-86
Author(s):  
M. Yu. Dityatkovsky
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Single System ◽  
Legal Provisions ◽  
Starting Point ◽  
Russian Constitution ◽  
Russian President ◽  
The Russian Federation ◽  
The Relationship

The subject. An attempt is made to analyze the evolution of the relationship between the Russian Presidents and local self-government in modern Russia over the past 30 years.The methodology of the research is based on the application of the historical method and the method of comparative legal analysis of normative legal acts of the Russian Federation of different years.The purpose of the article is to confirm or dispute hypothesis that the President's relations with local self-government developed non-linearly and contradictory on the different stages.The main results, scope of application. The paper examines the dynamics of the relationship between the Russian Presidents and local self-government, determines the five stages of the development of such relations and their characteristic features, as well as the prospects for these relations after the adoption of amendments to the Constitution of the Russian Federation in 2020.Stage 1. The absence of specific regulatory legal provisions on the participation of the President in local self-government issues and the actual practice of their interaction (July 1991 – October 1993).Stage 2. Arbitrary or authoritarian President’s participation in local self-government issues (October 1993 – August 1995). This stage is connected with the period of the constitutional crisis of 1993 and is characterized, first of all, by two decrees of the Russian President directly changing the provisions of the Law of the Russian Federation on Local Self-Government of 1991.Stage 3. Bringing the powers of the President in the field of local self-government in accordance with the Russian Constitution of 1993, the approval by the President of the main directions of state policy in the field of local self – government development in the Russian Federation, the creation of the Council for Local Self-Government under the President of the Russian Federation (August 1995 – August 2000).Stage 4. Strengthening the role of the President in the field of local self-government. The beginning of this stage is connected with the coming to power of the new Russian President (August 2000 – July 2020). So far, this is the longest stage in our chronology. This stage is characterized by additional regulation by the President of certain point issues in the field of organization and implementation of local self-government, directly provided for by federal law. Stage 5. The integration of local self-government bodies into a single system of public power and the receipt by the Russian President of hidden, virtually unlimited powers in the field of local self-government (from July 2020 to the present). The starting point of this stage was the adoption of amendments to the Russian Constitution in 2020.Conclusions. The interaction between the Russian President and local self-government developed in a zigzag pattern: from the complete absence of contacts to the direct intervention of the Russian President in the legal regulation of relations in the field of local self– government, violating and actually canceling the legislative regulation of these relations in 1993-1995. From bringing these relations into line with the Russian Constitution of 1993, which proclaimed the organizational independence of local self-government, to strengthening the role of the Russian President and regulating certain issues in the field of organization and implementation of local self-government. The expansion of the powers of the Russian President in connection with the amendments to the Russian Constitution in 2020 actually means an aside from the organizational independence of local self-government and the integration of local self-government bodies into a single system of public authorities. In this regard, the question arises: do the above amendments mean an actual return to the second stage of the development of relations between the Russian President and local selfgovernment in the period of 1993-1995, when the use of "hidden (implied)" powers of the President was allowed, and, consequently, theoretically unlimited participation of the Russian President in local self-government issues?

scholarly journals THE ROLE OF DECISIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN THE DEVELOPMENT OF LEGISLATION ON MASS MEDIA

2020 ◽  
Vol 36 (4) ◽  
pp. 59-62
Author(s):  
D. Sh. Pirbudagova ◽  
◽  
A.M. Omarova ◽  
Keyword(s):  
Mass Media ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Constitutional Court ◽  
The Status ◽  
The Russian Federation ◽  
Media Society ◽  
The Relationship

The article examines the legal positions of the constitutional control bodies regarding the legislative regulation of the status of mass media. The authors note that the Constitutional Court of the Russian Federation has made decisions on the issues of financing, ownership and legal regulation of mass media, the relationship between the mass media, society and the state, the content of the constitutional prohibition of censorship and its correlation with restrictions on freedom of mass media, etc. Conclusions are drawn about the conceptual nature of the decisions of the constitutional Court of the Russian Federation aimed at clarifying the constitutional and legal status of mass media and contributing to filling legal gaps in this area

CONSTITUTIONAL AND LEGAL FOUNDATIONS OF RUSSIAN FEDERALISM

2021 ◽  
pp. 7-11
Author(s):  
Г.М. Сарбаев ◽  
Д.В. Зубкова
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Legal Issues ◽  
Popular Vote ◽  
Legal Science ◽  
Legal Foundations ◽  
The Russian Federation ◽  
The Relationship

Данная работа посвящена базовым теоретическим конституционно-правовым вопросам отечественного федерализма. На основе анализа морфологического происхождения терминов «федерализм» и «федерация» устанавливается их взаимосвязь и роль в отечественной правовой науке. Авторами раскрывается содержание основ построения отечественного федерализма – его принципов, а также производится попытка классифицировать их, разделив на две группы. Кроме того, в работе исследуется роль Конституции РФ, принятой всенародным голосованием 12 декабря 1993 года, в становлении и развитии федерализма в России. На основе анализа положений Конституции РФ, закрепляющих основы (принципы) отечественного федерализма, выявлен комплекс проблем в конституционно-правовом регулировании взаимоотношений Российской Федерации и входящих в нее субъектов. This article is devoted to the basic theoretical constitutional and legal issues of domestic federalism. Based on the analysis of the morphological origin of the terms «federalism» and «federation», their relationship and role in domestic legal science is established. The author reveals the content of the foundations of building domestic federalism – its principles, as well as an attempt to classify them, dividing them into two groups. The paper also examines the role of the Constitution, adopted by popular vote on December 12, 1993, in the formation and development of federalism in Russia. Based on the analysis of the constitutional provisions that consolidate the foundations (principles) of domestic federalism, the author identified a complex of problems in the constitutional and legal regulation of the relationship between the Russian Federation and its constituent entities.

Constitutional Justice in Russia

2009 ◽  
Vol 34 (1) ◽  
pp. 37-69 ◽  
Author(s):  
Jane Henderson ◽  
Marina Lomovtseva
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Federal System ◽  
Relative Role ◽  
Russian Constitution ◽  
Federal Constitutional ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Relationship

AbstractThe 1993 Russian Constitution and 1994 Federal Constitutional Law “On the Constitutional Court of the Russian Federation” define the jurisdiction and activity of the Federal Constitutional Court of the Russian Federation. However, these pieces of legislation do not comprehensively address all the issues, and there has been some broadening of the Court's power through interpretation and the effect of some other legislation. This article examines the Court's jurisdiction and some of the issues that arise in the exercise thereof, as well as the relative role of the constitutional or charter courts of the subjects of the Federation, and the relationship between the Constitutional Court and the other courts in the Russian federal system. Issues of the methods of constitutional interpretation are addressed. The importance of the Constitutional Court as the federal agency of constitutional court supervision (review) in ensuring the effective application of the Russian Constitution is highlighted in the context of this growth of a comparatively new branch of law in the Russian legal system.

SECTANITY IN THE CONTEXT OF MANIFESTATIONS OF MODERN RELIGIOUS EXTREMISM

2020 ◽  
Author(s):  
Pavel Agapov ◽  
Kirill Stepkin
Keyword(s):  
Russian Federation ◽  
Religious Extremism ◽  
The Russian Federation ◽  
Relationship Of ◽  
The Relationship ◽  
Theoretical Foundations

The article considers the general theoretical foundations of the relationship of sectarianism and religious extremism in the Russian Federation. Practical examples of the role of destructive sects in modern religious extremism in the Russian Federation are given.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

Organizational and Legal Peculiarities of Operations of Regional Control and Accounts Authorities of Russia — Members of the European Organization of Regional Institutions of External Public Finance Audit: On the Efficiency of Membership in EURORAI

Financial law ◽  
2021 ◽  
Vol 1 ◽  
pp. 3-9
Author(s):  
Igor B. Lagutin ◽  
Keyword(s):  
Public Finance ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
External Control ◽  
European Organization ◽  
Regional Institutions ◽  
Regional Control ◽  
The Russian Federation

This article is devoted to the study of the characteristics of the organization, activities and legal regulation of the European Organization of Regional External Public Finance Audit Institutions (EURORAI). The role of EURORAI in the development of Russian legislation governing the organization and activities of the control and accounting bodies of the constituent entities of the Russian Federation and municipalities is analyzed. The article studies the structure, powers and composition of participants in the European Organization of Regional External Public Finance Audit Institutions (EURORAI). Separately, the article considers the issue of legal support for the organization and activities of the European Organization of regional bodies of external control of public finances, as well as its international legal status. The article concludes that the effectiveness of the interaction between the control and accounting bodies — members of EURORAI, is at a low level and practically does not have any effect on the activities of the control and accounting bodies of the constituent entities of the Russian Federation, and is more important for improving its legal status in the regional level.

7 International Treaties in Russian Judicial and Arbitral Practice

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
European Convention ◽  
International Treaties ◽  
Judicial Practice ◽  
European Court ◽  
Fundamental Freedoms ◽  
Russian Constitution ◽  
The Russian Federation

This chapter explores the role of Soviet and post-Soviet Russian courts in interpreting and applying international treaties. It is clear that Soviet courts dealt more frequently with treaties than the scanty published judicial practice of that period suggests. This early body of treaties may also have contributed to the emergence in the early 1960s of priority being accorded to Soviet treaties insofar as they contained rules providing otherwise than Soviet legislation. Whatever the volume of cases involving treaties that were considered by Soviet courts prior to 1991, the inclusion of Article 15(4) in the 1993 Russian Constitution transformed the situation. A further transformation occurred when the Russian Federation acceded to the 1950 European Convention on Human Rights and Fundamental Freedoms and began to participate in the deliberations of the European Court for Human Rights in Strasbourg.

Problems of ECHR Decisions Implementation into Domestic Law

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Татьяна Шуберт ◽  
Tatyana Shubert
Keyword(s):  
Russian Federation ◽  
Systematic Approach ◽  
Legal Regulation ◽  
European Court ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Government ◽  
Domestic Law

The article examines the ECHR legal nature and types of its decisions, analyzes the activities of the Government of the Russian Federation and the RF Ministry of Justice on the implementation of the European Court of Human Rights’ judgments. The author notes the role of the Plenum of the Supreme Court of the Russian Federation in ensuring uniform application of the Convention and Protocols thereto, ratified by the Russian Federation, by the courts of general jurisdiction. The author analyzes reasons for slow and incomplete implementation of the ECHR decisions, and comes up with the measures for their implementation. The article discusses peculiarities of the execution of the ECHR judgments in the Russian Federation: mechanistic execution of the decisions, lack of a systematic approach to the legislation analysis, absence of identification of causes for non-compliance of the regulations with the Convention on Rights of Man and Citizen, lack of coordination between bodies executing the ECHR decisions, inadequate budgetary procedures and lack of funds. The author proposes to analyze structural and general deficiencies in the national law and practice with regard to the ECHR decisions; provides recommendations to improve the mechanism for the judicial decisions’ implementation; determines lines of development for legal regulation of relations in the field of ECHR judgments’ implementation in the Russian legislation.

scholarly journals RUSSIAN LAW OF OBLIGATIONS REFORMED: THE CONSEQUENCES FOR THE INSTITUTE OF DAMAGES (LOSSES)

2021 ◽  
pp. 689-698
Author(s):  
Y. E. Monastyrsky ◽  
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Code ◽  
Legal Provisions ◽  
The Russian Federation ◽  
Russian Law ◽  
Practice Methods

Introduction: of all the instruments of protection of subjective property rights, the fundamental role belongs to the institute of indemnification, whose regulatory framework needs to be clarified. The purpose of this paper is comparative description of the important legal aspects of the main type of property liability. In accordance with the purpose, the following objectives were set: to determine the extent to which legal provisions of general regulations on obligations laid down in the Civil Code of the Russian Federation should or can be applied to claims for damages; to formulate the proposals for improving the indemnification court practice. Methods: the methodological framework of the study consists of specific scholarly (special legal, comparative legal) and general scholarly (problem-theory, teleological, and system) methods of analysis. The main trends in the development of the institute of liability and the debatable aspects reflected in the Russian and foreign documents were studied with the use of the problem-theory and system analysis methods. Results: being a summary overview of the available knowledge and comparative regulatory material, this paper allowed us to articulate the ideas aimed at improving the fundamental principles of legal regulation of relations in the sphere of protection of subjective rights, in particular indemnification. Discussion: indemnification is a developing major institute of civil law, invariably attracting the attention of scholars around the world. Lately it has taken on special significance and some of its aspects have become a focus of a separate field of scholarly discussion. Many Russian scholars have written about indemnification in a comparative aspect: О. N. Sadikov, V. V. Baibak and others [2, 15]; this paper focuses on the reform of Russian law of obligations and the new provisions of the Civil Code of the Russian Federation of March 8, 2015 and reveals the consequences of the reform for the institute of damages, discussing this topic in detail as a separate standalone issue. Conclusion: we hope that this paper will contribute to further discussion in the civil law doctrine of the ideas and conclusions presented.

scholarly journals Russia’s Constitutional Reforms of 2020

2020 ◽  
Vol 5 (3) ◽  
pp. 301-328 ◽  
Author(s):  
Elizabeth Teague
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
International Institutions ◽  
Constitutional Reforms ◽  
Russian Constitution ◽  
Russian President ◽  
Lame Duck ◽  
The Russian Federation

Abstract In January 2020, Russian President Putin proposed a number of potentially very significant amendments to the constitution of the Russian Federation. In March 2020, these were formally approved by parliament and signed by the president. In a nationwide vote held on 25 June – 1 July, just under 78 percent of those who voted did so in favour of the amendments, 21 percent voted against, while turnout was just under 68 percent. The amendments, which entered into force on 4 July, strengthened the powers of the Russian president, increased the powers of the center over regional and local governments, and reduced the independence of the courts. They asserted that the Russian constitution should take precedence over decisions reached by international institutions. Not least, they opened the possibility for Putin to remain in office following the expiry of his current presidential term in 2024. To be more precise, they enabled Putin to avoid becoming a lame duck and to keep the elite in suspense over what he would eventually decide to do in 2024. They also provided him with security should he decide to leave office.

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