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 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.

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.

Reform of the organization of public power: the main directions of implementation

2021 ◽  
Author(s):  
Lyudmila Andrichenko ◽  
A. Postnikov ◽  
L. Vasil'eva ◽  
Zh. Gaunova ◽  
E. Nikitina ◽  
...  
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
Public Authorities ◽  
Public Power ◽  
Municipal Employees ◽  
International Obligations ◽  
Mechanism Of Interaction ◽  
The Russian Federation ◽  
Constitutional System ◽  
Legal Mechanism

The monograph examines topical issues of reforming the organization of public power in our country in connection with the adoption in 2020 of the Law on Amendments to the Constitution of the Russian Federation. The logic of changes in the organization of public power and the directions of concretization of constitutional values, taking into account the laws of the development of the constitutional system of Russia, are revealed. The most significant characteristics of the updated model of interaction of federal public authorities in accordance with the principle of separation of powers are identified, the trends of constitutional transformations in the spheres of federal relations and local self-government, ensuring the fulfillment by public authorities of international obligations of the Russian Federation are investigated. Particular attention is paid to the development of the legal mechanism of interaction between public authorities and civil society. The authors of the book take into account the results of legislative support for the reform of public power in 2020-2021, a forecast assessment of the implementation of the relevant constitutional and legislative novelties is given, including taking into account the existing legal risks. Solutions are proposed to a number of legal issues of legislative regulation of public power, which can increase the efficiency of its functioning. For researchers, teachers, students and postgraduates, deputies of representative authorities, state and municipal employees, as well as anyone interested in constitutional law issues.

scholarly journals The institute of head of the state in the mechanism of strengthening state unity and the rule of law (theoretical-historical and constitutional-legal interpretation)

2018 ◽  
Vol 2 (1) ◽  
pp. 40-53
Author(s):  
Andrey V. Bezrukov ◽  
Valery V. Chugaev
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
The State ◽  
Presidential Power ◽  
Law And Order ◽  
The Rule Of Law ◽  
Head Of State ◽  
The Russian Federation ◽  
Legal Mechanism

The subject. The article investigates historical legal, theoretical-methodological and constitutional-legal problems of the formation and functioning of the institute of the head of state.The purpose of the study is to show how the constitutional functions of the head of state concretize his powers.The study is based on the use of methods of analysis and synthesis, historical legal, formal legal, comparative legal methods, scientific abstraction.The main scientific results. The authors summarize that the historical and legal analysis shows the key role of the head of state in the mechanism of ensuring state unity and law and order. Reality testifies the fact that the role of the President of the Russian Federation creates sufficient constitutional and legal grounds and conditions for the consolidated work of all state authorities, including law enforcement agencies, in the direction of ensuring the unity of state power and constitutional law and order. The indicated directions are in many ways identical, organically interrelated and interdependent, systematically define the main lines of activity of the head of state, contributing to the improvement of the constitutional and legal mechanism for ensuring the rule of law in general. Firstly, the Constitution of the Russian Federation contains only the basic powers of the President of the Russian Federation, which are substantially expanded by the legislator and presidential decrees. Secondly, the President has so-called “hidden”, discretionary powers that are not directly enshrined in the Constitution of the Russian Federation, implicit in it and stem from the sense of presidential functions that manifest themselves in unforeseen extraordinary circumstances. Thus, the constitutional design of a strong presidential power allows the President of the Russian Federation to ensure the unity of the executive power and the exercise of the powers of the federal government throughout the territory of Russia (pt. 4 of Art. 78 of the Constitution of the Russian Federation). Such presidential power is carried out through the issuance of its decrees and orders, the adoption of operational and administrative decisions.Conclusions. The authors noted that the effectiveness of the work of the head of state is especially evident in the state unity and the constitutional and legal mechanism for ensuring the rule of law, which is developed in the constitutional doctrine.

scholarly journals LEGALITY OF DECISIONS TAKEN BY THE SUBJECTS OF OPERATIONAL AND INVESTIGATIVE ACTIVITIES: ON THE QUESTION OF THE LEGAL NATURE

2020 ◽  
Author(s):  
Dmitriy A. Babichev
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Critical Analysis ◽  
Legal Regulation ◽  
The State ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Legal Nature ◽  
The Russian Federation ◽  
Broad Understanding

The article deals with the problem of determining the legal nature of the decisions taken by the bodies engaged in operational investigative activities. Stating the amorphousness in the relevant scientifi c research, the author refers to the doctrinal ideas about the essence of legality in the fi eld of operational and investigative activities. On the basis of a critical analysis of the provisions set forth in the most cited dissertations, monographs, textbooks, as well as in the comments to the Laws of the Russian Federation «On the Prosecutor’s offi ce of the Russian Federation», «On operational investigative activities», a number of judgements are put forward. It is stated that the rule of law is a social and legal phenomenon, which can be considered to be a principle, a method or regime. Legality as a phenomenon develops and changes together with society, law and the state. Understanding and interpreting the rule of law often does not take into account the conceptual shifts in the architectonics of legal regulation that have occurred in post-Soviet Russian legislation. The author comes to the conclusion that the modern conditions for the implementation of operational and investigative tasks dictate the urgent need to clarify and even revise the essence of legality by moving from a narrow to a broad understanding of its legal nature. In particular, preference is given to the legal approach, which implies subordination of the rule of law to higher legal principles and ideals, for example, justice.

Crisis of the Rule of Law in Europe: The Cases of Hungary, Poland and Spain

2021 ◽  
Vol 7 (3) ◽  
pp. 379-398
Author(s):  
David Parra Gómez
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Social Rights ◽  
Institutional Reforms ◽  
Public Authorities ◽  
The Rule Of Law ◽  
The Public ◽  
Division Of Powers ◽  
European Democracy ◽  
Aggressive Interference

Democracy is an instrument at the service of a noble purpose: to ensure the freedom and equality of all citizens by guaranteeing the civil, political and social rights contained in constitutional texts. Among the great principles on which this instrument rests is the division of powers, which consists, substantially, in the fact that power is not concentrated, but that the various functions of the State are exercised by different bodies, which, moreover, control each other. Well, the increasingly aggressive interference of the Executive and, to a lesser extent, the Legislative in material spheres that should be reserved exclusively for the Judiciary, violates this principle and, for this reason, distorts the idea of democracy, an alarming trend that, for some time now, are observed in European Union countries such as Hungary, Poland and Spain. Preventing the alarming degradation of European democracy, of which these three countries are an example, requires not only more than necessary institutional reforms to ensure respect for these principles and prevent the arbitrariness of the public authorities, but also a media network and an education system that explains and promotes these values and principles, that is, one that makes citizens aware of and defend constitutionalism. Keywords: Rule of law; Democracy; Separation of powers; judicial independence; Europe.

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.

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.

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