scholarly journals The unity of the legal space as the basic principle of ensuring the stability of the constitutional system of the Russian Federation

2016 ◽  
Vol 4 (3) ◽  
pp. 68-75
Author(s):  
Алевтина Новикова ◽  
Alevtina Novikova ◽  
Анна Жорник ◽  
Anna Zhornik
Keyword(s):  
Russian Federation ◽  
Basic Principle ◽  
The State ◽  
Public Authorities ◽  
Legal Space ◽  
The Russian Federation ◽  
Constitutional System ◽  
The Stability ◽  
Definition Of

The article provides the constitutional-legal characteristic of the principle of unity of legal space of Russia; formulates author´s definition of legal space of the state; defines the components that ensure the unity of legal space (cultural, ideological, legal, controlling, coercive and enforcement). The work focused on the problem of ensuring of unity of legal space of public authorities; identified obstacles to the effective and stable functioning of the principle of unity of legal space, as well as measures for their elimination.

THE CONDITIONS FOR THE FORMATION OF THE SYSTEM OF THE RULE OF LAW IN RUSSIA

2020 ◽  
pp. 204-210
Author(s):  
Nikita S. Grudinin
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Separation Of Powers ◽  
The State ◽  
Social Progress ◽  
Public Authorities ◽  
The Rule Of Law ◽  
The Russian Federation ◽  
Constitutional System ◽  
The Stability

The article is devoted to the study of the conditions for the formation of a truly legal state in the Russian Federation. It is noted that the process of formation of the system of the rule of law requires signifi cant efforts both by the state and by society. It is also emphasised that the key conditions that can ensure the effective functioning of the rule of law in Russia are the respect of the provisions of the Constitution of 1993 by citizens and the willingness to comply with those provisions in cooperation with the state, the independence of the judiciary, the real and rational separation of powers, the functioning of legislative bodies in accordance with the interests of citizens of the Russian Federation. According to the author’s opinion, trust in the Constitution and its ability to ensure social progress in general is the basis for strengthening the legal statehood of the Russian Federation in the long term. The author concludes that the strength of the construction of legal statehood in Russia is based on the stability of the constitutional system and the supremacy of the Constitution of the Russian Federation, its ability to subordinate to its action all citizens of the country and offi cials of public authorities.

scholarly journals Constitutional Sources of Law in the Russian Federation on the Basis of Acts Regarding the Conservation

2019 ◽  
Vol 6 (1) ◽  
pp. 73-83
Author(s):  
Magdalena Micińska
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
The State ◽  
Research Issue ◽  
Public Authorities ◽  
The Rule Of Law ◽  
The Status ◽  
The Russian Federation ◽  
Constitutional System ◽  
Internal Character

Abstract The constitutional catalogue of the sources of law, clear and unambiguous division of acts into commonly binding and internal ones, is of fundamental meaning for the realization of the state of law rules, i.e. legalism and the rule of law, from the perspective of European democracies. Since it is the essence of every democratic legislation to base its functioning on the law established by organs that have been assigned for that aim, binding its addressees and executed by public authorities, also with the use of the means of coercion. This article aims at presenting the outline of the constitutional system of the sources of law in the Russian Federation and illustrating it, as much as it is possible, with acts regarding the conservation of the environment. In particular, the objective of this work is to determine the name of a given source, an organ competent to issue it, its function and position in the hierarchy, as well as the rule of promulgation. The key research issue here is the distinguishing between the sources of commonly binding law and the ones of internal law, as the regulation of the Russian Federation Constitution does not preordain explicitly. Yet this issue is of crucial significance when it comes to the status of law subjects. Acts of internal character may be directed merely at organizational units submitted to an organ issuing the acts and may not directly regulate the sphere of rights and obligations, neither constitute the bases of decisions concerning citizens, legal entities or other subjects.

INSTITUTIONAL FRAMEWORK FOR REGULATING THE STATE FINANCIAL RESOURCES IN THE SUBJECTS OF THE RUSSIAN FEDERATION

2021 ◽  
Author(s):  
Елизавета Николаевна Валиева
Keyword(s):  
Public Finance ◽  
Russian Federation ◽  
The State ◽  
Institutional Framework ◽  
Financial Resources ◽  
The Russian Federation ◽  
Definition Of

В статье рассматривается проблематика общественных финансов. Дано определение государственным финансовым ресурсам. Охарактеризован процесс развития межбюджетных отношений в РФ, в результате которого формировался институт регулирования финансовых ресурсов государства. Сформулированы предложения, направленные на совершенствование данного института. The article deals with the problems of public finance. The definition of state financial resources is given. The process of development of interbudgetary relations in the Russian Federation, as a result of which the institution of regulation of financial resources of the state was formed, is characterized. Proposals are formulated aimed at improving this institution.

Features of legal regulation of the state debt of the Russian Federation subject in the context of changes in budget legislation

2020 ◽  
pp. 98-104
Author(s):  
Iu. K. Tsaregradskaya
Keyword(s):  
Russian Federation ◽  
Public Debt ◽  
Legal Regulation ◽  
Maximum Amount ◽  
The State ◽  
Debt Management ◽  
The Subject ◽  
The Russian Federation ◽  
Public Debt Management ◽  
Definition Of

The main changes in the budget legislation related to digitalization and public debt managementof the Russian Federation, that are manifested in the functioning of the electronic budget of the state and the consolidation of the legal definition of "public debt management", are considered. The author concludes that currently the legislator pays special attention to the issues of setting the upper limit of public debt, the maximum amount of borrowing by the subjects of the Russian Federation, as well as determining the debt sustainability of regions. Foreign experience of regulating such issues is analyzed on the example of a number of countries-Germany, Spain and Italy. Subjects of the Russian Federation with different debt loads are considered, as well as trends related to its increase or change. Also the possibilities of assigning the region to one of the groups with a certain level of debt stability of the subject are analyzed.

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.

Legal Structure of Budget Immunity: Theoretic and Legal Analysis

2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Наталья Поветкина ◽  
Natalya Povetkina
Keyword(s):  
Russian Federation ◽  
The State ◽  
Legal Analysis ◽  
Legal Regime ◽  
Legal Structure ◽  
Original Definition ◽  
The Russian Federation ◽  
Financial Obligations ◽  
Definition Of ◽  
Budget System

The article presents theoretical and legal analysis of the concept of “immunity of the budget”. The article notes the role and importance of immunity of the budget as special legal structure to ensure compliance by the state with all assumed financial obligations, fulfilled at the expense of the budgets of the RF budget system. Diversity and ambiguousness of understanding the category of immunity in science are pointed out. Various concepts of immunity both in general legal and industry-specific format are analyzed. The author concludes that, despite the fact that the immunity of the budget does not possess all the attributes of legal immunities, it can be referred to as such, but with specific features. The article defines the purpose, functions and characteristics of the budget immunity. The author provides an original definition of the “immunity of budget” concept as a legal regime that does not permit mandatory recovery proceedings at the expense of budgets from the budgetary system of the Russian Federation.

scholarly journals Maintenance of unity and territorial integrity of Russia: some constitutional legal problems

2018 ◽  
Vol 2 (1) ◽  
pp. 91-103
Author(s):  
Svyatoslav V. Ivanov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Territorial Integrity ◽  
Legal Method ◽  
The People ◽  
Legal Space ◽  
The Russian Federation ◽  
State Registration

The subject. The article is devoted to the analysis of public authorities’ activities in order to strengthen unity of domestic legal space and the people of Russia with regard to constitutional legal support of the state unity and territorial integrity of the Russian Federation.The purpose of the article is to make a critical analysis of implementing a system that consists of constitutional legal rules and procedures of regulatory impact on the unity of domestic legal space and the people of Russia with the aim of increasing the effectiveness of their implementation.The methodological basis of the study includes general-scientific methods (analysis and syn-thesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal acts).Results, scope. Consistent constitutional legal support of the state unity and territorial integrity of the Russian Federation requires elimination of defects and gaps in legal regulation and improvement of law enforcement practice. In particular, it is necessary to eliminate the practice of denial of a state registration of political parties on insignificant formal grounds in order to implement guarantees of the unity of the people of Russia.Conclusions. The consistent strengthening of the unity of domestic legal space and the people of the Russian Federation is of paramount importance to the constitutional and legal support of its state unity and territorial integrity. It is necessary to eliminate a number of legal defects and to make law enforcement practice more effective in order to implement these constitutional values.

scholarly journals Problems of choosing the optimal system of executive power in the Russian

2021 ◽  
Vol 258 ◽  
pp. 05032
Author(s):  
Vitaly Goncharov ◽  
Tatiana Mikhaleva ◽  
Grigory Vasilevich ◽  
Sergey Balashenko ◽  
Jacek Zalesny ◽  
...  
Keyword(s):  
Russian Federation ◽  
The State ◽  
Optimal System ◽  
Executive Power ◽  
Legal Analysis ◽  
Public Authorities ◽  
Internal Factors ◽  
Full Development ◽  
Legitimate Interests ◽  
The Russian Federation

This article is devoted to the constitutional and legal analysis of the problems of choosing the optimal system of executive power in the Russian Federation. The paper substantiates the position that the need to optimize the system of executive power in Russia is due to a number of external and internal factors that are subjective and objective in nature. The article identifies and formulates the main problems of choosing the optimal system of executive power in Russia, defines its optimal characteristics, develops and substantiates an algorithm of actions necessary in the formation and construction of an optimal system of executive power in the country. Optimization of the system of executive power in the Russian Federation will allow to fully protect the rights, freedoms and legitimate interests of citizens of the Russian Federation; strengthen the system of public authorities in the country; create conditions for the full development of society and the state.

REGIONAL BANKS OF RUSSIA IN CONDITIONS OF BANKING CAPITAL CONSOLIDATION: DYNAMICS AND DEVELOPMENT PROSPECTS

2021 ◽  
pp. 101-109
Author(s):  
Natalia N. Yevchenko ◽  
Kristian A. Koyka
Keyword(s):  
Russian Federation ◽  
Bank Capital ◽  
Banking Market ◽  
Regional Bank ◽  
Federal Districts ◽  
The Russian Federation ◽  
The Stability ◽  
Definition Of ◽  
Regional Banks ◽  
Development Prospects

The article analyzes the dynamics and trends of changes in the number of regional entities of the Russian banking market in comparison with the federal ones. The definition of a regional bank has been clarified, the dynamics of changes in the number of credit institutions by federal districts of the Russian Federation has been identified, and districts have been identified that retain the stability of the presence of regional banks. The results of the banking reform impact (2017) on the bank capital consolidation and the banks separation into two levels are presented. It was concluded that there is a need for a regulatory and legislative definition and support for the credit sector of the regional economy, and competitive areas of business activity of regional banks of the Russian Federation are identified.

The Object of Proving in Cases of Transfer of a Foreigner Sentenced to Imprisonment by a Court of the Russian Federation to Serve a Sentence in the State of Which the Convicted Person is a Citizen

2021 ◽  
Vol 4 ◽  
pp. 101-107
Author(s):  
A. A. Fedyunin
Keyword(s):  
Russian Federation ◽  
Complex Structure ◽  
The State ◽  
Structural Units ◽  
Domestic Legislation ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Injured Party ◽  
Definition Of

During the court’s consideration of the questions which are provided in the paragraph 20 Article 397 Code of criminal procedure, the definition of the circumstances, the presence or absence of which is to be determined when making decisions, it is necessary to respect the rights and legitimate interests of not only the convict but also the injured party, as well as the purposes of the punishment. The errors in establishing the circumstances that constitute the fact to be proven in the definite category of cases, lead to the cancellation or changing the court's decision. The complex structure of the subject, its features are conditioned with specifics of the process of proof in this category of cases and the specifics of legal relations that go beyond the legislation of one country. To determine the circumstances included in each of the structural units of the subject of proof, it is necessary to refer both to international legal conventions (General subject of proof) and to international legal treaties between particular States or to the domestic legislation of the Russian Federation (special subject of proof).

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