LEGAL STATE AS THE BASIS OF THE CONSTITUTIONAL SYSTEM OF THE RUSSIAN FEDERATION

2020 ◽  
Author(s):  
Innokentiy Ilyin
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Legal Systems ◽  
The Rule Of Law ◽  
The World ◽  
History Of ◽  
The Russian Federation ◽  
Constitutional System

Many modern countries strive to reflect the principles of the rule of law in their national legal systems. This problem is being investigated by legal scholars around the world. In 1993, on December 12, a new Constitution was adopted in the history of Russia, which declared The Russian Federation a legal state. This marked a new stage in the development of ideas of the rule of law in the history of Russia.

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.

scholarly journals ON THE RELEVANCE OF THE DEVELOPMENT OF PROCEDURES IN PRE-TRIAL PROCEEDINGS APPLICABLE UNDER ARTICLES 25, 25.1, 28 PART 1, 28.1 OF THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION, AND THEIR CLASSIFICATION

2021 ◽  
Vol 31 (6) ◽  
pp. 1078-1084
Author(s):  
M.N. Tarsheva
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Regulation System ◽  
Structural Element ◽  
The Rule Of Law ◽  
Procedure Code ◽  
The Russian Federation ◽  
Legal Procedures

Legal procedures in a state governed by the rule of law are a kind of guarantor of legality and protection of citizens' rights, and therefore issues related to the development and improvement of the procedural mechanism are among the top priorities. The procedural mechanism is the most important structural element of the legal regulation system, which includes entire procedural branches. The article substantiates the need to develop and legislate procedures within which actions can be carried out to reconcile and make amends for harm, compensation for damage or otherwise make amends for harm (since gaps and shortcomings in the legislation associated with the lack of procedural mechanisms do not allow to fully realize the human rights potential of Articles 25, 25.1, 28 Part 1, 28.1 of the Criminal Procedure Code of the Russian Federation), as well as the need to classify these procedures (which has not been previously carried out). The author proposes to divide such procedures into conciliatory and restorative ones. The author's definitions of conciliation and restorative procedures in pre-trial proceedings are given.

scholarly journals The institution of the human rights commissioners in the subjects of the Russian Federation: problems of formation and the development prospects

2021 ◽  
pp. 155-163
Author(s):  
V. V. Rudenko
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Russian Federation ◽  
Regional Level ◽  
Federal Legislation ◽  
The Rule Of Law ◽  
The Russian Federation ◽  
Development Prospects

The article critically examines the changes of federal legislation concerning the human rights commissioners in the subjects of Russian Federation adopted in 2015 and 2020 in the framework of the Venice and Parisian principles. It analyses three main trends in the development of the institution of the human rights commissioners in the subjects of the Russian Federation — ensuring their independence at the regional level, expanding of their functions and competence, and integrating them into the system of ombudsmen in Russia. The author draws attention to the potential of this institution to promote the rule of law in Russia. The article concludes that changes in federal legislations have indicated the institualisation of the human rights commissioners at the regional level in Russia, have increased the authority of this post in the subjects of Russian Federation and have given a new impetus to development of this institute.

scholarly journals Problems of interpretation the norms of General part of the Criminal Code of the Russian Federation

2019 ◽  
Vol 13 (2) ◽  
pp. 193-200
Author(s):  
M. P. Рronina ◽  
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Court ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Provisions ◽  
General Part ◽  
The Russian Federation

The article is devoted to one of the current areas of legal science related to the problems of interpretation the norms of General Part of the Criminal Code of the Russian Federation. The interpretation of legal norms is the activity of state bodies, non-governmental organizations and individuals to clarify and explain the meaning of legal norms embedded by the legislator in them and the actual content of the legal provisions (regulations, definitions) contained in them in order to implement them correctly and improve the effectiveness of legal regulation public relations. The interpretation of legal norms is a complex volitional process aimed at establishing the exact meaning of the rule of law. This process consists of two elements: 1) the interpreter (interpreter) clarifies the content of the legal norm for himself; 2) then in order to establish its equal understanding and application it clarifies the meaning of the legal prescription to all interested parties. The first part of this activity – clarification – characterizes the epistemological nature of interpretation aimed at the knowledge of law. Understanding acts as a thought process taking place in the mind of the subject applying the rule of law. The explanation is the second part of a unified process of interpretation the law addressed to other parties to a relationship. It is carried out by the competent authorities and persons in order to eliminate ambiguities in understanding the content of the norm and thus ensure its correct application to the circumstances for which it is aimed. Subjects of interpretation may be public authorities, officials, organizations, enterprises, institutions, individuals. The objects of interpretation are laws and regulations. Legal interpretation is an activity that from a practical point of view is connected with the completion of the regulation of life relations by law. Legal norms as a result of interpretation become ready for implementation, practical implementation. The presented scientific article examines the interpretations given by the highest judicial instance, which showed that in some cases they contain contradictions that violate the legal and technical rules. Examples of the interpretation of criminal court decisions of the Plenum of the Supreme Court of the Russian Federation are given, and author’s editions are proposed.

scholarly journals ADMINISTRATIVE OFFENSE: ONTOLOGY OF GUILT AND PUNISHMENT

2020 ◽  
pp. 59-66
Author(s):  
Александр Анатольевич Беженцев
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Russian Federation ◽  
Subsequent Development ◽  
Administrative Law ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
The Russian Federation ◽  
Current Code

Автором исследуется гносеология форм вины в зависимости от степени общественной опасности, делается вывод о том, что признание административным законодательством виновности свойством всех административных правонарушений имеет исключительно важный смысл, так как способствует точному соблюдению принципов социальной справедливости, дальнейшему укреплению законности в стане и отвечает не только требованиям последующего развития административного права, но и нуждам правоприменительной практики административно-юрисдикционной деятельности. Одним из обязательных юридических признаков понятия административного правонарушения является и наказуемость деяния, так как в действующем КоАП РФ применяется как термин «наказание», так и «взыскание». Автор разграничивает данные понятия, делает вывод о том, что наказуемость является одним из необходимых признаков понятия административного проступка, поскольку без административного правонарушения не возможно наказание, точно так же как без причины нет следствия. The author examines the ontology of forms of guilt depending on the degree of public danger, concludes that the recognition by administrative legislation of guilt as a property of all administrative offenses has an extremely important meaning, as it contributes to the exact observance of the principles of social justice, further strengthening the rule of law in the camp and meets not only the requirements the subsequent development of administrative law, but also the needs of law enforcement practice of administrative jurisdictional activity awns. One of the mandatory legal features of the concept of an administrative offense is the punishability of the act, since the term «punishment» and «foreclosure» are used in the current Code of Administrative Offenses of the Russian Federation, the author delimits these concepts, concludes that punishability is one of the necessary features of the concept of administrative misconduct, since without an administrative offense punishment is not possible, just as without a reason there is no investigation.

scholarly journals On the Expediency of Simplification of the Procedure for Approval of the List of Scientific Majors

2021 ◽  
Vol 1 ◽  
pp. 17-23
Author(s):  
Svetlana V. Narutto ◽  
◽  
Andrey V. Bodrov ◽  
Keyword(s):  
Higher Education ◽  
Rule Of Law ◽  
Russian Federation ◽  
Current Model ◽  
Practical Significance ◽  
The Rule Of Law ◽  
Legal Method ◽  
The Russian Federation ◽  
State Registration ◽  
Academic Degrees

Purpose. Justification of the need to approve the nomenclature of scientific specialties in full by order of the Ministry of Science and Higher Education of the Russian Federation with state registration with the Ministry of Justice of the Russian Federation. Methodology: the formal legal method, the method of interpretation of the rule of law and comparative legal method. Conclusions. The article substantiates the need to approve the nomenclature of scientific specialties in full by order of the Ministry of Science and Higher Education of the Russian Federation with state registration at the Ministry of Justice of the Russian Federation, and not in any part of it. The authors of the article adhere to the current (current) model of approval and functioning of the nomenclature of scientific specialties for which academic degrees are awarded. Scientific and practical significance. Arguments are made for maintaining the current regime for making changes and the functioning of the nomenclature of scientific specialties for which academic degrees are awarded.

Global Education in the Russian Federation

2015 ◽  
pp. 1101-1122
Author(s):  
Carsten Schmidtke
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Global Education ◽  
The Soviet Union ◽  
Direct Benefits ◽  
The World ◽  
History Of ◽  
The Russian Federation ◽  
The Russian Empire ◽  
Ethnic Nation

This chapter explores the history of international activities and global education in the Russian Empire, the Soviet Union, and the Russian Federation. Although readers might expect that Russia has over the centuries had a significant impact on global matters, just the opposite has been the case. Rather than impressing its mark on the world, Russia has generally been a country that was affected by global developments and has had to react to its demands and influences. One of the barriers to Russia's assuming a more proactive role today is Russian suspicion toward globalization and the intentions of Western countries within a global framework. In addition, Russians fear that too hasty an introduction of globalization might help tear their multi-ethnic nation apart. Therefore, it is highly unlikely that unless Russia stabilizes its domestic cultural interactions and unless direct benefits for Russia can be discerned from a more global orientation, its involvement in global education will remain quite restrained.

Global Education in the Russian Federation

2013 ◽  
pp. 26-46 ◽  
Author(s):  
Carsten Schmidtke
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Global Education ◽  
The Soviet Union ◽  
Direct Benefits ◽  
The World ◽  
History Of ◽  
The Russian Federation ◽  
The Russian Empire ◽  
Ethnic Nation

This chapter explores the history of international activities and global education in the Russian Empire, the Soviet Union, and the Russian Federation. Although readers might expect that Russia has over the centuries had a significant impact on global matters, just the opposite has been the case. Rather than impressing its mark on the world, Russia has generally been a country that was affected by global developments and has had to react to its demands and influences. One of the barriers to Russia’s assuming a more proactive role today is Russian suspicion toward globalization and the intentions of Western countries within a global framework. In addition, Russians fear that too hasty an introduction of globalization might help tear their multi-ethnic nation apart. Therefore, it is highly unlikely that unless Russia stabilizes its domestic cultural interactions and unless direct benefits for Russia can be discerned from a more global orientation, its involvement in global education will remain quite restrained.

The Economic Foundations of the Rule of Law in the Russian Federation

2020 ◽  
Vol 9 ◽  
pp. 1622-1625
Author(s):  
Ivan N. Kuksin ◽  
Ruslan M. Allalyev ◽  
Valery I. Lipunov ◽  
Ilya V. Tyurin
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
The Rule Of Law ◽  
The Russian Federation ◽  
Economic Foundations
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