scholarly journals SOME ASPECTS OF COMPARATIVE LEGAL ANALYSIS OF THE INSTITUTE OF ADMISSIBILITY OF CITIZENS ' COMPLAINTS IN CONSTITUTIONAL PROCEEDINGS

2020 ◽  
Vol 34 (2) ◽  
pp. 55-59
Author(s):  
R.M. Akutaev ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Legal Analysis ◽  
Government Officials ◽  
Constitutional Justice ◽  
Constitutional Legality ◽  
The Russian Federation ◽  
The Republic

The article contains a comparative legal analysis of the Institute of admissibility of complaints of citizens on violation of their constitutional rights and freedoms under the legislation of the Russian Federation and the legislation of its subject  the Republic of Dagestan. The reasons for the differences in the legal regulation of the institution in question are considered, the proposal to improve the legislation on the constitutional Court of the Republic of Dagestan is made. It is concluded that compliance with the principles of the rule of law and the priority of the rights and freedoms of citizens can only be achieved through the joint efforts of all bodies of state power and local self-government, officials and ordinary citizens to ensure constitutional legality in lawmaking and law enforcement, which the constitutional justice bodies consistently uphold.

scholarly journals PROCEDURE THE IMPLEMENTATION OF THE CONSTITUTIONAL PROCEEDINGS IN THE RUSSIAN FEDERATION AND IN THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Екатерина Ганичева ◽  
Ekaterina Ganicheva
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Former Soviet Union ◽  
Practical Interest ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Public Authorities ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Republic

The article is devoted to the problems of development of legislation which determines the procedure of the constitutional proceedings, the procedural status and terms of participants’ activity in the Russian Federation and in the Republic of Belarus. Constitutional justice is a relatively new Institute in a legal system of Russia and other former Soviet republics. Conditions for its formation in the former Soviet Union have common as well as specific features. The comparison of the place and role of the constitutional court in system of public authorities and the procedural legal regulation of the constitutional justice is of obvious scientific and practical interest now because a clear, systematic regulation is very important for creating the conditions to allow objectively and comprehensively examine and resolve the constitutional conflict. Highlighting the characteristic features of the Federal constitutional law «On the constitutional Court of the Russian Federation» and the Law of the Republic of Belarus «On constitutional proceedings», the author comes to the conclusion about the necessity of development and specifying of the activity of the Constitutional Court of the Russian Federation by improving the using of traditional procedural-legal institutions taking into account the unique status of the highest judicial body of the constitutional control.

Telemedicine in the EAEU countries: reality and prospects

2020 ◽  
pp. 49-69
Author(s):  
I. M. Akulin ◽  
◽  
E. A. Chesnokova ◽  
R. A. Presnyakov ◽  
A. D. Letova ◽  
...  
Keyword(s):  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Kyrgyz Republic ◽  
Legal Analysis ◽  
National Regulation ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union ◽  
The Republic ◽  
Development Prospects

This article is devoted to a comprehensive analysis of telemedicine in the countries of the Eurasian Economic Union: its legal regulation, methods of implementation and development prospects. The authors pay attention not only to a comparative legal analysis of telemedicine regulation in the EAEU countries, but also to determining the possibility of creating a general agreement on telemedicine between the Russian Federation, the Republic of Belarus, the Republic of Armenia, the Republic of Kazakhstan and the Kyrgyz Republic. Identifying gaps in the national regulation of telemedicine in these countries, the authors point out the aspects in which it is necessary to harmonize the regulatory framework for telemedicine consulting, and also provide for those provisions that must be necessarily disclosed in the agreement on telemedicine within the EAEU.

scholarly journals The subject of judicial control in consideration of complaints: controversial issues of legal regulation

2021 ◽  
Vol 2021 (2) ◽  
pp. 104-109
Author(s):  
El'vira Mirgorodskaya
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
The Russian Federation

The purpose of this study was an attempt to theoretically understand the subject of judicial consideration of complaints against decisions, actions (inaction) of officials carrying out criminal prosecution. The research was carried out on the basis of comparative legal, formal logical, empirical, statistical methods. Judicial statistics for the year 2020 have been provided, and legislation has been studied from a historical and contemporary perspective, taking into account the practice of the Constitutional Court of the Russian Federation. The problem is that, in practice, for about 20 years the courts have had difficulties in determining the subject of complaints, since neither in theory nor in practice a consensus has been developed on this issue. The Criminal Procedure Code of the Russian Federation also does not contain a definition of the concept of «subject matter». The situation is aggravated by the presence of evaluative concepts in the text of the law, leading to a varied understanding of the subject of appeal by the courts, which leads to a violation of the constitutional rights of citizens at the pre-trial stages of criminal proceedings. In the article, taking into account the analysis of the practice of the Constitutional Court of the Russian Federation, legislation and the opinion of scientists, a recommendation was made to amend the Criminal Procedure Code of the Russian Federation to specify the subject of consideration of complaints in accordance with Art. 125 of the Criminal Procedure Code of the Russian Federation in order to eliminate existing contradictions in practice and increase the level of protection of individual rights in pre-trial proceedings.

scholarly journals INSTITUTE OF COMPULSORY INSURANCE OF PROFESSIONAL LIABILITY OF LAWYERS IN THE RUSSIAN FEDERATION AND THE REPUBLIC OF KAZAKHSTAN: COMPARATIVE LEGAL ANALYSIS

2021 ◽  
pp. 47-50
Author(s):  
O.L. Kazantseva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Analysis ◽  
Professional Liability ◽  
Compulsory Insurance ◽  
The Russian Federation ◽  
The Republic

The article is devoted to the problems of introduction of the institute of compulsory insurance ofprofessional liability of lawyers in the Russian Federation and the Republic of Kazakhstan. The authoranalyzes the current legislation of the two states, in terms of mandatory insurance of professional liabilityof lawyers, identifies current problems in this area, justifies ways to solve them. The article has a certainscientific and practical value, since it analyzes the experience of the establishment of the institute ofcompulsory insurance of professional liability of lawyers in Russia and the Republic of Kazakhstan, whichwill improve the legislative and law enforcement practice of both states.

scholarly journals The category of certainty of the Constitutional Court of the Russian Federation’s judgments as a legal standard for the implementation of its decisions by the courts

2018 ◽  
Vol 55 ◽  
pp. 02010
Author(s):  
Dmitry Gvozdetsky
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Direct Action ◽  
Practical Importance ◽  
Constitutional Court ◽  
Main Task ◽  
Legal Standard ◽  
Legitimate Interests ◽  
Constitutional Justice ◽  
The Russian Federation

This article analyzes the problems of the category of certainty of the decisions of the Constitutional Court of the Russian Federation in the judicial enforcement practice of courts of general and arbitration jurisdiction. The key role played by the Constitutional Court in ensuring the direct action of the “living” Constitution of the Russian Federation in the work of the courts is substantiated. The certainty and uncertainty of the implementation of the judgments of the Constitutional Court as the paired legal categories in judicial law enforcement practice are analyzed. Their content side is disclosed. It is noted that the failure to comply with the requirements of the category of certainty of the decisions of the Constitutional Court leads to ambiguity, incorrectness, and also complicates the process of their implementation by judicial instances. Taking into account the foregoing, the regulation of relations is not based on the uniform practice of law enforcement that entails a violation of rights and legitimate interests of specific applicants and an indefinite number of persons. It is also explained in the paper that in the judicial law enforcement practice, the main task of constitutional law is the certainty of the text of decisions of the Constitutional Court. Theoretical problems in the sphere of the domestic constitutional justice, which are of theoretical and practical importance for ensuring the unity and consistency of judicial enforcement practice, have been developed. Conclusions referring to the problem under study are drawn and suggestions are made.

PRINCIPLES OF THE CONSTITUTIONAL INTERPRETATION. THE PRACTICE OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF AZERBAIJAN

2020 ◽  
Vol 4 (8(77)) ◽  
pp. 42-51
Author(s):  
Kenul Huseynova
Keyword(s):  
Human Rights ◽  
Basic Method ◽  
Constitutional Court ◽  
Separate Analysis ◽  
Constitutional Rights ◽  
Constitutional Interpretation ◽  
Constitutional Justice ◽  
The Republic ◽  
Teleological Interpretation

The article studies four classical ways of interpretation of constitutional rights by constitutional justice body. The author concludes that in applying the four canons of interpretation, a sequence must be observed where the grammatical interpretation is the basic method of understanding the meaning of the Constitution and laws of the Republic of Azerbaijan on the issues of implementation of human rights and freedoms. Systematic and teleological interpretation are used as additional methods. The methods under consideration acts as a certain framework for judges (или The methods under consideration provided a framework for judges.). Thus, following them does not allow the constitutional justice bodies to go beyond their own competence. The analysis of classical methods of interpretation stimulates further research in this area, including a separate analysis that requires interdisciplinary interpretation, constitutional conformal interpretation, a comparative interpretation of constitutional text, etc.

scholarly journals Constitutional Justice in Russia: History and Modern Times

2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Nikolay Taskayev ◽  
Anna Oleynik
Keyword(s):  
Russian Federation ◽  
System Structure ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Legal Reforms ◽  
Federal Constitutional ◽  
Governmental Power ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Right

The article examines the process of emergence, formation and development of the constitutional justice institution in Russia. It carries out an analysis of organization and activities of the USSR Constitutional Control Committee, the RSFSR Constitutional Court and the Constitutional Court of the Russian Federation. The authors draw a conclusion of the need of conducting constitutional and legal reforms in Russia, introducing amendments and additions to the Constitution of the Russian Federation. In order to increase efficiency of the constitutional jurisdiction, improving the organization and activity of the Constitutional Court of the Russian Federation, the General Prosecutors Office of the Russian Federation, the Investigation Committee of the Russian Federation, the Executive Office of the Human Rights Commissioner in the Russian Federation, the authors offer proposals of introducing amendments and additions to Articles 104, 125, 129 of the Constitution of the Russian Federation and the Federal Constitutional Law of 21.07.1994 № 1-ФКЗ «On Constitutional Court of the Russian Federation» in terms of authorizing the above-mentioned office-holders with the right of legislative initiative and making inquiries to the Constitutional Court of the Russian Federation. In particular, on issues of constitutionality of the laws, normative legal acts of the supreme bodies of the governmental power and office-holders of the Russian Federation and the entities of the Russian Federation; on solvation of disputes in terms of competence between the supreme bodies of the governmental power and office-holders of the Russian Federation and the entities of the Russian Federation; on violence of citizens constitutional rights. The authors also offer to expand the Article 129 of the Constitution of the Russian Federation up to a separate chapter of the Constitution in which to establish the place in the system of the governmental power the designation, system, structure, principles of organization and activity, the authorities of the prosecutors office bodies, including in the sphere of constitutional jurisdiction.

scholarly journals Fine in the System of Punishments for Crimes against Property and Some Issues Related to the Enhancement of Its Effectiveness

2020 ◽  
Vol 14 (4) ◽  
pp. 473-479
Author(s):  
I.V. Azarova ◽  
◽  
I.V. Dvoryanskov ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Fine Property ◽  
The Russian Federation ◽  
The Republic ◽  
Criminal Legislation ◽  
Penal Sanctions

The article analyzes the place and role of fines in the system of criminal penalties and looks intosome trends in its establishing by the legislator and application by the court. We investigate property protection issues that have always been in the focus of attention of legislators and legal science and that have never lost their relevance, because they relate to the inviolable vital interests of an individual, society and the state. In the framework of the topic under consideration, we undertake to explain our viewpoint on three basic terms: “fine”, “property” and “punishment effectiveness”. We conclude that property should be considered (among other things in the establishment ofthe elements of a crime) as a complex multifaceted phenomenon associated with ensuring the security of individuals, society and the state from various threats, including those of an intangible nature. We analyze fine as a penalty and fine imposed by the court as a criminal law measure in the aspect of legal regulation and application practice.We carry out comparative analysis of the rules on the protection of property and the application of penalties in the form of a fine for encroachment upon it on the example of the criminal legislation of the Republic of Belarus.As a result, we conclude that the importance of fine in the structure of penal sanctions is increasing; we note that there is a trend to increase the use of a court imposed fine as an exemption from penal sanctions. At the same time,we point outthat this approach used bylegal professionals does not fully fit in with the legally established principle of social justice as the goal of punishment.Crimes against property should be considered as a threat not only to property, but also to the life and health of people (Article 162 of the Criminal Code of the Russian Federation), moral, spiritual and other values of an individual and society. We believe this approach should be used both in legislative and law enforcement practice, including cases of applying a court imposed fine.

About personal data

2019 ◽  
Vol 2 (XIX) ◽  
pp. 227-237
Author(s):  
Ivan Laskowskij
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Department Of Defense ◽  
House Of Representatives ◽  
Personal Data ◽  
Legal Regulation ◽  
Legal Analysis ◽  
National Assembly ◽  
The Republic ◽  
Council Of Ministers

In connection with the planned submission by the Department of Defense and Law Enforcement Bodies of the Council of Ministers of the Republic of Belarus of the Draft Law of the Republic of Belarus “On Personal Data” in the summer of 2019 to the House of Representatives of the National Assembly of the Republic of Belarus, it is most relevant to conduct a comparative legal analysis of the said draft law state (Russian Federation) legislative act in the field of legal regulation of personal data

scholarly journals House Arrest of the Accused (Suspect): Full Isolation and the Right to Walk

2020 ◽  
pp. 43-46
Author(s):  
Valentina N. Gaponova ◽  
◽  
Varsenik A. Vinogradova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Preventive Measures ◽  
Preventive Measure ◽  
Legal Regulation ◽  
Constitutional Court ◽  
House Arrest ◽  
The Russian Federation ◽  
The Law ◽  
The Right

The article analyzes the changes in the legal regulation of the house arrest and the practice of its imposition. Particular attention is given to the controversial issue of the right of the accused under house arrest to leave the premises for a walk. The authors note that the Normative Transformation of House Arrest, which brought it closer to detention, set the law enforcement task to overcome the established stereotypes in the interpretation of specific provisions related to the essence of this preventive measure. First, it concerns the “regime” of isolation, specifically, the possibility of the accused to take walks. Today, when the house arrest implies ultimate isolation of the accused with the right to live in their home, the court’s permission for the accused to leave the place of residence is not based on the law. The authors conclude that the positive decision of the court is permissible only because of applying the law by analogy. At the same time, it is necessary to take into account the legal positions of the Constitutional Court of the Russian Federation on the responsibility of the state to take care of the health of persons whose possibilities in this part are limited due to the election of preventive measures with isolation from society.

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