scholarly journals The principle of the executive power unity in the contemporary Russian federative model

2020 ◽  
Vol 20 (1) ◽  
pp. 145-160
Author(s):  
V. M. Platonov
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Political Competition ◽  
The State ◽  
Executive Power ◽  
Constitutional Court ◽  
Legal Method ◽  
Vertical Division ◽  
The Russian Federation ◽  
Federal Center

The article considers the unity of executive power in the federative model of contemporary Russia to show that a single system of executive power within the Russian political-legal culture presupposes a hierarchical relationship between executive authorities of different levels. Such specifics of the relationship between the federal executive bodies and executive bodies of the subjects of the Russian Federation contradicts the idea of a vertical division of powers. The Russian model of federal relations is based on the fact that if the interests of the federation and its subjects are intertwined the best decision is not to isolate or separate the levels of power but rather to help them to interact, to provide a joint solution to the challenges of the state and its constituent parts. The author studied the federal legal acts and the practice of the Constitutional Court, in which the principle of the unity of the executive power was reinforced and evaluated. The article is based on the culturological approach as a kind of the system-structural analysis of law and other elements of social reality. This approach allows to consider the specifics of the Russian federalism as a special model of public administration in dynamics, and the corresponding institutions in their constant interaction and development. The formal-legal method allowed to identify the legal content of the principle of the state power system unity as the ‘cornerstone’ of the Russian federative structure. As a result, the article presents the following cultural-historical model of the Russian federative relations: it allows for widespread decentralization in the political sphere (by providing a list of objects of joint jurisdiction of the federal center and the subjects of the Russian Federation, and also - by residual principle - the exclusive legislative competence of the subjects), while the federal center strengthens centralization mechanisms in the administrative sphere (through the distribution of powers within the joint jurisdiction), thus, ensuring political competition under the tough statist principles in public administration.

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.

CONSTITUTIONAL LEGAL VALUES: CONCEPT, TYPES, AND HIERARCHY

2020 ◽  
Vol 6 (2) ◽  
pp. 73-91
Author(s):  
Dmitry A. AVDEEV
Keyword(s):  
Russian Federation ◽  
The State ◽  
General Nature ◽  
Public Order ◽  
Constitutional Court ◽  
Public Authorities ◽  
State Security ◽  
Legal Method ◽  
Legal Literature ◽  
The Russian Federation

Constitutional values are fundamental factors in determining the vector of development of the domestic state and law. Analyzing the law enforcement practice, as well as the interpretative activity of constitutional justice bodies, primarily the Constitutional Court of the Russian Federation, it is possible to trace which values in the event of legal conflicts receive priority over others. This, in turn, allows most researchers to talk about the hierarchy of constitutional values. What constitutes constitutional values and what should be considered as such is highly controversial in the legal literature. In this article, the author considers constitutional values, analyzes their legal nature and place among other legal values. It offers an author’s vision of understanding constitutional values and their difference from constitutional principles and other provisions of a constitutional nature. It is proposed that the constitutional values include legal freedom, property relations, public order and state security. Constitutional values should not be confused with other provisions of the Constitution of the Russian Federation. The author analyzes the opinions expressed regarding the classification and hierarchy of constitutional values. The problems of their institutionalization at present in the Russian Federation are substantiated, as well as some possible ways of overcoming their speedy implementation in contemporary social reality are expressed. It is concluded that the implementation of constitutional values entirely depends not only on social and economic conditions, but also on the system of public authorities created in the state whose activities should contribute to the realization of individual legal freedom, protection of various forms of ownership, ensuring public law and order and state security. The research methodology is based on the dialectical method, which made it possible to identify the features of constitutional-legal values and their place in the system of socially significant values of public order. The use of the comparative (comparative legal) method contributed to the determination of the properties of those values that may be called constitutional, and to find differences from other legal values. With the help of historical and prognostic methods, the invariability of constitutional and legal values was substantiated and proved regardless of the historical development of the state and law, which indicates their universal (general) nature.

Legal restrictions on the right of association in political parties and their interpretation in court decisions: comparative legal analysis

2021 ◽  
Vol 30 (2) ◽  
pp. 149-179
Author(s):  
Andrey Vershinin
Keyword(s):  
Law Enforcement ◽  
Political Parties ◽  
Russian Federation ◽  
Party System ◽  
Large Scale ◽  
Political Competition ◽  
Constitutional Court ◽  
Freedom Of Association ◽  
The Russian Federation ◽  
The Creation

The article examines the issue of exercising the freedom of association in political parties in Russia in a comparative analysis with the leading democratic countries of the world. Modern democracies cannot be imagined without political parties, which are the representors of the interests of their voters in legislative bodies and local government bodies. The development of civil society and the entire political system in the country depends on how the freedom of association in political parties and the access of parties to participate in elections is realized. The development of legislation on political parties in the Russian Federation proceeded unevenly. In the first years after the adoption of the Constitution the legislative body did not introduce strict requirements for parties. The adoption of a special federal law on political parties in 2001 became a turning point in the development of the party system. The author identifies two large blocks of restrictions on the creation of parties. The first is legislative restrictions, the second is the restrictions that arise from the unfair activities of legislative and law enforcement agencies. In this work, legislative restrictions are compared with restrictions in other democracies, as well as based on legal positions developed by the European Court of Human Rights. The author comes to the opinion that some restrictions on the creation of parties are not necessary now, in the meantime they significantly narrow the possibilities of party creation and political competition. First, we are talking about a ban on the creation of regional parties. The Constitutional Court in its legal positions indicated that this restriction is temporary and will be lifted over time. Within the framework of this work, the author will give suggestions on changing the approach to the creation of political parties in Russia, which should affect the emergence of new strong parties at different levels of public authority. The author believes that a system of “controlled multiparty system” has developed in Russia, which is implemented both in changing the legislation on political parties based on the interests of the “party in power” and the practice of the registration body, which prevents the formation of new parties claiming to redistribute the existing distribution of forces. Based on the analysis of the legislation on political parties, law enforcement practice, decisions of the Constitutional Court of the Russian Federation, the ECHR and the legislation of foreign countries, the author proposes approaches to reforming the existing party system, which include small cosmetic changes and large-scale changes in approaches to the creation of parties.

scholarly journals Товарная интервенция – механизм защиты сельскохозяйственных товаропроизводителей и обеспечение продовольственной безопасности региона

2019 ◽  
pp. 55-66
Author(s):  
Александр Пахомов ◽  
Василий Дарбасов ◽  
Михаил Охлопков ◽  
Екатерина Федорова ◽  
Михаил Соломонов
Keyword(s):  
Russian Federation ◽  
State Regulation ◽  
The State ◽  
Agricultural Products ◽  
Transport Infrastructure ◽  
Wild Plants ◽  
Agricultural Product ◽  
The Russian Federation ◽  
The Republic ◽  
Federal Center

Статья написана в связи с выходом в 2018 г. последней редакции постановления Правительства Российской Федерации «О государственных закупочных интервенциях сельско-хозяйственной продукции». Целью исследования является обоснование продвижения государственного регулирования рынка местной сельскохозяйственной продукции в виде закупочных интервенций в регионах. Проведен анализ существующих зарубежных и отечественных государственных закупочных интервенций, дано обоснование закупочных интервенций в регионе, а также выработаны предложения по продвижению закупочных интервенций с федерального центра в регионы. This article was written in connection with a September 2018 release of the latest edition of a Regulation of the Russian Fed-eration Government on government purchasing interventions of agricultural products. An aim of the authors of the article is substantiation of promotion of the state regulation of a market of the local agricultural products in the form of the purchasing interventions in regions. The authors analyzed the existing for-eign and domestic government purchasing interventions, comments on the latest version of the Regulation of the Russian Federation Government on the govern-ment purchasing interventions, the substantiation of the purchasing interventions in the region and de-velopment of proposals to promote the purchasing interventions from the federal center to the regions. Relevance of the promotion of the purchasing interventions from the federal center to the regions fol-lows from Russian particularity: remoteness of the regions from the center, weak regional transport infrastructure, necessity to replicate a federal technology of the state regulation of the agricultural product market in the regions of the Russian Federation. In the Republic of Sakha (Yakutia), repeated attempts were made to create compensation funds of the regulation of agricultural product prices. However, in the region there is no full-fledged intervention fund effectively influencing sales of the agri-cultural products. Consequently, in conditions of the Republic, where a shortage of the agricultural products, raw materials and food is acute, implementation of the commodity intervention is the neces-sary condition for the regulation of the agricultural market. For the Republic of Sakha (Yakutia), in our opinion, it is advisable to carry out the commodity interventions concerning beef, meat of young horses, venison, fish, dairy products, game, fruits of wild plants and even for rough and succulent fodder for livestock. The latter are relevant due to droughts and floods that regularly occur in a area of the region. Manufacturing costs of the local products will always be higher than the ones of imported food, given the harsh natural and climatic conditions, the remoteness of agricultural commodity producers from the sale markets in the conditions of absence of the transport infrastructure. In this regard, the prices of the local products should be regulated by the state in order to support the local producers. Obviously, the government regulation should not replace market functions or impede operation of its laws. Its main task is to mitigate undesirable consequences of manifestations of market power. One of the main regula-tory methods is the commodity intervention.

scholarly journals Right to life and possible interference in its implementation: Constitutional and legal aspect

2021 ◽  
Vol 21 (4) ◽  
pp. 453-457
Author(s):  
Marina L. Voronkova ◽  
Keyword(s):  
Death Penalty ◽  
Russian Federation ◽  
Legal Aspect ◽  
The State ◽  
Human Embryos ◽  
Right To Life ◽  
Legal Method ◽  
The World ◽  
The Russian Federation ◽  
The Right

Introduction. The problems of realizing the right to life are relevant to varying degrees in all countries of the world. Their importance can hardly be overestimated, since the preservation of a full-fledged family, society and the state as a whole depends on their solution. The article examines the problems associated with abortion, surrogacy, the development of biotechnology, death penalty, and analyzes the legislative experience of various states and Russia in these areas. The purpose of the study is to conduct a comprehensive analysis of the problems arising in connection with the realization of the right to life and its possible restrictions. In the course of studying the problems, both general scientific and special legal methods were used: historical and dialectical methods, methods of analysis and synthesis, as well as the comparative legal method. Theoretical analysis. Russia (RSFSR) was the first country in the world to legislate in 1920 to allow abortion. According to the author, artificial termination of pregnancy solely at the request of a woman (without taking into account medical and social factors) causes irreparable harm to society, especially given the difficult demographic situation in modern Russia. In addition, this does not correspond to the guiding thesis of responsibility to future generations, enshrined in the preamble to the Constitution of the Russian Federation. In the context of realizing the right to life, each state faces a problem related to death penalty. Can a state, where the right to life is guaranteed, take the life of criminals? Apparently, each state should decide this issue based on the extent to which a particular crime poses a threat to society, a threat to life and health of people. Results. In our opinion, in countries with liberal legislation in relation to abortion, such as Russia, it is necessary to prohibit abortion at the request of a woman, since in this case the woman’s desire violates the right to life of an unborn child. The state should protect the right to life from the moment of conception, not birth, but this is a long process that should lead to an extensive interpretation of Part 2 of Art. 17 of the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation. In addition, Russia needs to pay attention to the legislative experience of Germany and France in relation to surrogacy. In these countries, the legislator has clearly substantiated why surrogacy is in fact a crime against the family. In these countries, surrogacy is criminalized. Also, with the development of biotechnology all over the world, the problems of IVF and cryopreservation of human embryos are acute. This problem can also be solved at the level of legislation by allowing IVF only to married couples (man and woman) who cannot give birth to a child, and by limiting the number of fertilized eggs to a minimum, so that later the issue of destroying unclaimed embryos is not resolved. In general, it seems that in a mature society that wants to develop and tries to prevent the destruction of its state, it is necessary to protect the right to life by all possible legislative methods.

scholarly journals Sovereignty in a Federal State: Theoretical and Legal Bases and Practice of Implementation in Russia

2020 ◽  
pp. 13-26
Author(s):  
Andrei V. Bezrukov ◽  
Andrey A. Kondrashev
Keyword(s):  
Russian Federation ◽  
Armed Forces ◽  
Fundamental Principle ◽  
The State ◽  
State Sovereignty ◽  
Federal State ◽  
Constitutional Court ◽  
Potential Threat ◽  
The Russian Federation ◽  
The Right

The article raises the issue of state sovereignty in a federal state and reveals its legal nature. The authors draw attention to the diversity of approaches to the concept and essence of sovereignty, reveal its correlation with related categories, describe the concepts of unity and divisibility of state sovereignty. The paper proves that sovereignty is not a quantitative, but a qualitative characteristic of a state, which is either present or not. The authors substantiate the exclusive possession of state sovereignty by the Russian Federation. Based on the analysis of the doctrinal, regulatory sources and the practice of the Constitutional Court of the Russian Federation, the authors show that the Russian constitutional model explicitly outlines the principle of solid and indivisible state sovereignty spreading throughout the whole territory of the Russian Federation. Recognition of the principle of state sovereignty of Russia presupposes a clear definition of the scope of rights that the Federation should possess in order for its sovereignty to be ensured. The article examines the main features of the state sovereignty of Russia enshrined in the Constitution of the Russian Federation, among which are the supremacy of federal law over the law of the subjects of the Federation, the inviolability of borders and territorial integrity, the unity of the economic space, fiscal, banking and monetary systems, common army (Armed Forces), the right of the state to protect its sovereignty and rights of citizens. Despite the unequivocal decision on the integrity of state sovereignty of the Russian Federation expressed the Constitution of the Russian Federation and by the Constitutional Court of the Russian Federation, this fundamental principle is not completely ensured since the idea of the sovereignty of the republics as components of Russia continues to retain its potential threat to Russian federalism, taking into account the provisions of Art. 73 of the Constitution of the Russian Federation that provide for the full state power of the constituent entities of the Russian Federation

The Subject of a Crime Under Part 1 of Art. 282 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 7 ◽  
pp. 87-92
Author(s):  
E. G. Bykova ◽  
◽  
A. A. Kazakov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Practical Significance ◽  
Constitutional Court ◽  
Scientific Publications ◽  
Legal Method ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Code

The change in the disposition of Part 1 of Art. 282 of the Criminal Code of the Russian Federation led to questions from law enforcement officers about from what moment a person is considered to be held administratively liable and what to mean by the commission of a similar act. The article carries out a systematic legal analysis of the provisions of the Criminal Code of the Russian Federation and the Administrative Code of the Russian Federation, as well as the position of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation in order to formulate proposals for solving the indicated problems. The fundamental method was dialectical. The formal legal method was used in the study of regulations governing certain aspects of the legal assessment of unlawful acts that take into account administrative precedence. Using a comparative legal method, a distinction was made between situations where a person was ordered to be held administratively liable and an administrative penalty was imposed. Scientific publications on the subject were analyzed. It was concluded that the current version of Part 1 of Art. 282 of the Criminal Code of the Russian Federation, containing a formally indefinite legal category, raises the problem of calculating the one-year period during which a person can be prosecuted under this norm if there is an administrative precedence. In addition, it is justified that a «similar act» should be understood only as an administrative offense, responsibility for which is provided for in Art. 20.3.1 Administrative Code of the Russian Federation. The use of criminal law by analogy is unacceptable, therefore, it is proposed to amend the disposition of Part 1 of Art. 282 of the Criminal Code to eliminate the identified gap. The problem identified could be the basis for further scientific research. The practical significance is due to the fact that the positions formulated by the authors can be taken into account in the process of improving criminal law, when amending the relevant explanations of the highest court in this category of cases in order to form a unified practice of applying criminal law.

scholarly journals State management of scientific and scientific-technical activity in the Russian Federation on the example of the preparation and adoption of the system of scientific specialties

2018 ◽  
Vol 5 (4) ◽  
pp. 397-410
Author(s):  
V. V. Omel’chenko
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Classification System ◽  
Legal Regulation ◽  
The State ◽  
State Management ◽  
Scientific Technical ◽  
Basic Functions ◽  
The Russian Federation

This article is a further continuation of the work on the review of the foundations of public administration of the use of national resources in relation to the field of scientific and state scientific and technical activities in the Russian Federation. The basic functions of the state management of scientific and technical activity are considered from the system positions, the analysis of the existing legal regulation of preparation and acceptance of system of scientific specialties on which scientific degrees are awarded is carried out, system shortcomings of the approved nomenclature of scientific specialties on which scientific degrees are awarded are revealed. The substantiation of the classification system for “Nomenclature of scientific specialties for which scientific degrees are awarded” is carried out.

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.

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