scholarly journals Constitutional-legal conditions for application of international treaties of the Russian Federation

2021 ◽  
pp. 72-83
Author(s):  
Egor Krivosheev
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
International Treaties ◽  
International Treaty ◽  
Constitutional Principle ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Government

This article discusses the questions of application of international treaties concluded on behalf of the Russian Federation, the Government of the Russian Federation, federal executive branches, or authorized organizations. The subject of this research is the constitutional norms of the Russian Federation and other normative legal acts that regulate the procedure for concluding, executing and terminating the international treaties of the Russian Federation, legal provisions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, as well as scientific works on the topic. Special attention is given to the analysis of the constitutional principle that the international treaties of the Russian Federation are part of the legal system of the country. The author reveals the gaps in the current legislation of the Russian Federation specifying the constitutional provisions on the conditions for application of international treaties in the Russian Federation. It is established that the 2020 constitutional reform has improved the mechanism for protecting state sovereignty, and led to formulation of the constitutional-legal condition for application of the decisions of intergovernmental bodies adopted based on the provisions of international treaties of the Russian Federation. The article makes recommendations for the improvement of constitutional-legal regulation of application of international treaties of the Russian Federation. The conclusion is drawn on the existence of mandatory (compliance of the international treaty with the Constitution of the Russian Federation, its formalization, enactment, and consent to its universal binding), as well as optional (publication of domestic acts for application of the international treaty) constitutional-legal conditions for application of international treaties of the Russian Federation.

scholarly journals National Anti-Corruption Plan for 2021-2024: anti-corruption elements of the legal status of civil officers

2021 ◽  
pp. 166-175
Author(s):  
Ivan Vladimirovich Grigorev
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Civil Service ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Professional Activities ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right

The subject of this research is the normative sources that establish the rights, responsibilities and prohibitions in civil service, as well as the mechanisms for their implementation. The author dwells on the practical issues arising in the context of implementation of anti-corruption legislation associated with the right of the officers to exercise other paid activity, acquire and own securities, responsibility to notify about the possible colliding interests, limitation on the deed of gift due to their professional activities, providing data on income, expenses, property, and real obligations. Special attention is given to certain legal provisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and courts of general jurisdiction related to the peculiarities of the legal status of civil officers. The scientific novelty consists in comprehensive examination of the legal issues in regulation of anti-corruption elements of the legal status of civil officers. The main conclusions lies in determination of the gaps and conflicts of legal regulation of such relations. Critical assessment is given to the case law on the appeal of the prosecutors to transfer the property with no evidence that it has been acquired with legitimate income to the income of the Russian Federation. The author formulates recommendations for the improvement of the existing federal legislation on countering corruption in civil service.

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

Law enforcement practice in the field of budget: theoretical-legal and judicial-arbitration aspects

2021 ◽  
Author(s):  
Hristina Peshkova ◽  
Vladimir Pachkun
Keyword(s):  
Law Enforcement ◽  
Graduate Students ◽  
Russian Federation ◽  
Financial Control ◽  
Constitutional Court ◽  
Educational Organizations ◽  
Judicial Practice ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation

The monograph examines the practical aspects of the application of the budget legislation of the Russian Federation in judicial practice — the practice of the Supreme Court of the Russian Federation and arbitration courts, as well as the functions of the Constitutional Court of the Russian Federation on the interpretation of budget legislation. The article analyzes the theoretical and legal provisions of law enforcement activities in the field of the budget, as well as the categories of budget and legal science. For legal scientists, graduate students, students of legal educational organizations, as well as practitioners of courts, financial control bodies and other state and municipal institutions.

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 Sources of Formation of Legal Positions of Russian Highest Judicial Bodies

2021 ◽  
pp. 130-142
Author(s):  
Mariia Viktorovna Globa
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Legal Method ◽  
The Supreme Court ◽  
The Russian Federation

The present study is devoted to determining the place and role of legal positions of higher judicial bodies of Russia (judicial legal positions) in the mechanism of legal regulation. Let us specify in advance that the author means the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation (taking into account the 2014 amendments made to the legislation concerning the liquidation of the Supreme Arbitration Court of the Russian Federation) as the higher judicial bodies of Russia. Establishing the meaning and role of judicial legal positions in the mechanism of legal regulation is carried out by the author of this study through the analysis and demonstration of the main sources of formation of legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation. In this regard, the author of this work identifies as sources of formation of judicial legal positions: legal and non-legal. Non-legal sources of formation of legal positions of the highest courts of Russia differ from the legal ones in the fact that initially they do not have material expression, exist in the abstract, however, have no less importance for the process of formation of judicial legal positions. To the legal sources of creating legal positions of the highest judicial bodies of Russia the author includes: formal sources of law, current legal practice, legal doctrine. As non-legal sources of formation of legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation are: the inner conviction of a judge and professional legal consciousness of a judge. The author of this scientific research consistently reveals the importance and role of each source of formation of judicial legal positions. The conducted study of the most significant sources of formation of judicial legal positions allowed to better understand the place of legal positions of higher courts of Russia in the legal system and their role in legal regulation, which is reduced not just to the interpretation of judicial acts, but also to the formation of new legal provisions, which ultimately form a uniform judicial practice. Methodological basis of the study consisted of: analysis, synthesis, comparative-legal method, deduction, induction and other ways of knowledge used in science. Scientific conclusions and proposals contained in this work may serve as a basis for further theoretical study of the problems of judicial legal positions and used in the activities of legislative and law enforcement bodies.

scholarly journals The Convention for the Protection of Human Rights and Fundamental Freedoms in the System of Sources of Legal Regulation of the Administration of Justice in Administrative Offences

2020 ◽  
Vol 15 (12) ◽  
pp. 57-64
Author(s):  
O. V. Pankova
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Legal System ◽  
Legal Regulation ◽  
Administrative Law ◽  
International Treaties ◽  
Legal Provisions ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation

The paper presents the author’s view of the problem of interaction between international and national administrative law and attempts to determine the place of the Convention on the Protection of Human Rights and Fundamental Freedoms in the Russian legal system and the administrative and tort legislation of the country. Based on the analysis of different points of view, the conclusion is enunciated that international treaties ratified by the Russian Federation are incorporated into the general body of administrative legislation; and they constitute a source of administrative law in the part in which they contain legal provisions governing the administrative and legal status of citizens, as well as guarantees of its implementation, including guarantees of equitable justice in cases arising from public law relations and administrative and tort cases. In this regards, the author analyzes the provisions of Article 1.1 of the Administrative Code of the Russian Federation, determining the place and role of universally recognized principles and norms of international law and international treaties of the Russian Federation in the system of sources of administrative and tort law—the author refers the Convention for the Protection of Human Rights and Fundamental Freedoms to the sources mentioned above. The paper considers this Convention as an international treaty of the Russian Federation that not only regulates interstate relations, but also actively invades the regulation of procedural administrative responsibility, since it establishes the general parameters of a fair trial in administrative and tort cases. The paper also pays attention to the implementation in the draft Code of Administrative Offences of the Russian Federation and the Procedural Code of the Russian Federation on Administrative Offences of the Constitutional Principle concerning international legal norms in the legal system of the Russian Federation.

scholarly journals A Special Legal Approach to Interpretation of Norms of Criminal Procedure Law

Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 63-74
Author(s):  
D. P. Velikiy
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Legal Interpretation ◽  
Legal Method ◽  
The Supreme Court ◽  
Criminal Procedure Law ◽  
The Russian Federation

The paper discusses the issue of a special legal approach to interpretation of norms of criminal procedure law. On the example of criminal procedural law the author substantiates the independent character of the special legal method of interpretation, its difference from the grammatical and systematic (systemic) methods of interpretation of law, as well as the place of this method among other means of interpretation. The subject of special legal interpretation include: special legal terms, concepts, categories, legal structures, types (regularities) of legal regulation, rules of legal technique, theoretical provisions. The vast majority of such interpretations were carried out by the Plenum of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation, which is predetermined by the need for a common understanding of criminal procedural terminology. Unlike grammatical interpretation, which provides a linguistic analysis of the text of the law, systematic interpretation in which interpretation takes into account the place of the norm in the systemic relationship with other norms, in special legal interpretation the main source of information is legal knowledge, i.e. the knowledge of law and legal theory. If a special legal interpretation is carried out by an official body, it is usually normative. Also, based on the legal stances of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation, the author gives examples of “evolution” of legal standings from special legal interpretation to adoption and amendment of legal norms. The article investigates the judicial practice containing the results of special legal interpretation of criminal procedural rules, e.g. legal concepts and terms defined by the same words, but having different meaning depending on the branch of law in which they are used. The author also gives examples of determination of the branch of law to which the norm belongs by means of special legal interpretation.

scholarly journals Main Trends in the Development of Russian Law on Non-Profit Organizations

2020 ◽  
Vol 7 (3) ◽  
pp. 81-103
Author(s):  
A. Avtonomov ◽  
V. Grib
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Federal Law ◽  
Non Profit ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law ◽  
The Government ◽  
The Right

The article is a comparative study of legal regulation on non-profits in the Russian Federation by federal law, including the Constitution, federal statutes, decrees of the President of the Russian Federation, resolutions of the Government and Constitutional Court rulings in connection with certain international legal acts dealing with the right to association, and by the law of the constituent entities of the Russian Federation. The main stages of the development of the law on non-profits both at the federal level and at the level of the constituent entities of the Russian Federation, as well as the main trends in the development of non-profit law in modern Russia, are explored.

scholarly journals Interested privies as participants of constitutional court proceedings: prospects of using foreign experience in Russian legislation

2018 ◽  
Vol 2 (1) ◽  
pp. 123-132
Author(s):  
Anna V. Nikitina
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Court ◽  
Foreign Experience ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Constitutional Legitimacy

Subject. The article is devoted to analysis of some issues concerning realization of adversary principal in proceedings in the Constitutional Court of the Russian Federation.Purpose. The purpose of the article is to analyze foreign experience of legal regulation of the status of constitutional court process participants as parties and/or interested persons in constitutional court proceeding, to give arguments in favor of introducing the category of ‘interested privies’ in Russian legislation regulating constitutional court proceedings.Methodology. The author uses theoretical analysis as well as legal methods including formal legal analysis and the method of legal comparison.Results, scope of application. Law often does not specify the party opposing the claimant during the proceedings in the Constitutional Court of the Russian Federation. The need to introduce the adversary principal in such cases requires to introduce the category of ‘interested privies’, whose rights and duties may be affected during the case solution in the Constitutional Court of the Russian Federation.The following persons and entities may become interested privies in Constitutional proceedingst: persons whose claims brought against the decision of intergovernmental body for protecting human rights and freedoms - in cases on possibility of executing the decision of intergovernmental body for protecting human rights and freedoms; the State Duma and the Council of Federation of the Federal Assembly of the Russian Federation as bodies participating in ratification of the treaty - in cases on the check of constitutional legitimacy of a treaty about accepting new subject into the Russian Federation; constitutional bodies and public offices whose constitutional legal status may be changed as a result of official interpretation of constitutional rules - in cases on interpreting the Constitution; the RF Central Election Committee - in cases on the check of constitutional legitimacy of an issue introduced for the referendum of the Russian Federation; the President of the Russian Federation (if the request comes from the Supreme Court of the Russian Federation); the State Duma, the Supreme Court of the Russian Federation, President of the Russian Federation - in cases on providing the ruling about the observance of the established rules public prosecution of the President of the Russian Federation for treason or another serious offence.Conclusions. The category ‘interested persons’ will enable to provide guarantee of fair trial in resolving constitutional court conflicts, if such category would be included into Russian legislation.

Hearing of Cases about Indemnification, Caused to the Environment: Procedural Questions ofJudicial Practice

2020 ◽  
Vol 4 ◽  
pp. 48-58
Author(s):  
M. A. Fokina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Research Gaps ◽  
Supreme Courts ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

Research objective is the analysis of practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on cases of indemnification caused to the environment. Proceeding their concepts of integrative right understanding the author reveals the importance of legal positions of the supreme judicial authorities for law-enforcement practice of inferior courts by hearing of cases about indemnification, caused to the environment. During the research gaps in the current legislation and ways of their completion in judicial practice are revealed. Methods. As methods of a research the legallistic method, synthesis, the analysis, induction, deduction were used. Results. The research showed certain shortcomings and gaps of legal regulation of an order of the indemnification caused the environment. Legal positions of the supreme courts which allowed to meet lacks and shortcomings of the legislation are revealed and analysed and to provide appropriate protection of the rights of citizens and legal entities.

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