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Journal articles on the topic 'Constitutional courts – Russia (Federation)'

Author: Grafiati

Published: 10 March 2023

Last updated: 31 July 2025

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1

Henderson, Jane, and Marina Lomovtseva. "Constitutional Justice in Russia." Review of Central and East European Law 34, no. 1 (2009): 37–69. http://dx.doi.org/10.1163/157303509x406223.

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AbstractThe 1993 Russian Constitution and 1994 Federal Constitutional Law “On the Constitutional Court of the Russian Federation” define the jurisdiction and activity of the Federal Constitutional Court of the Russian Federation. However, these pieces of legislation do not comprehensively address all the issues, and there has been some broadening of the Court's power through interpretation and the effect of some other legislation. This article examines the Court's jurisdiction and some of the issues that arise in the exercise thereof, as well as the relative role of the constitutional or chart

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2

Abashidze, A. Kh, M. V. Ilyashevich, and A. M. Solntsev. "Anchugov & Gladkov v. Russia." American Journal of International Law 111, no. 2 (2017): 461–68. http://dx.doi.org/10.1017/ajil.2017.31.

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On April 19, 2016, in The Case Concerning the Resolution of the Question of the Possibility to Execute in Accordance with the Constitution of the Russian Federation the Judgment of the European Court of Human Rights of 4 July 2013 in the Case of Anchugov and Gladkov v. Russia in Connection with the Request of the Ministry of Justice of the Russian Federation (Anchugov & Gladkov (Russ.)), the Constitutional Court of the Russian Federation (Constitutional Court) held that decisions of the European Court of Human Rights (ECtHR) are binding on Russian courts, in accordance with Article 15(4) o

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3

Segal (Reshetnikova), S. B., and A. O. Maslov. "Antitrust Legislation in the Context of Constitutional Control: Novelties of Law Enforcement Practice." Russian competition law and economy, no. 2 (June 29, 2024): 10–17. http://dx.doi.org/10.47361/2542-0259-2024-2-38-10-17.

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In December 2023, 30 years have passed since the adoption of the Constitution of the Russian Federation. The positions of the constitutional control bodies have always played and continue to play an important role in the development of antimonopoly legislation and law enforcement practice in cases of protection of competition. In the practice of the Constitutional Court of the Russian Federation (CC of Russia) and a number of other law enforcement officers, competition is considered in the context of the constitutional value that all law enforcement officers, including antimonopoly authorities

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4

Savoskin, Alexandr V., Vitali V. Kuriatnikov, and Veronika A. Meshcheryagina. "Prospects for normative control in the subjects of the Russian Federation after the 2020 amendments to the Constitution of the Russian Federation." Tyumen State University Herald. Social, Economic, and Law Research 8, no. 4 (2022): 113–30. http://dx.doi.org/10.21684/2411-7897-2022-8-4-113-130.

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Prior to the amendments to the Constitution of the Russian Federation in 2020, three types of courts could carry out normative control in the constituent entities of the Russian Federation: the Constitutional Court of the Russian Federation, constitutional (charter) courts of the constituent entities of the Russian Federation and courts of general jurisdiction. Amendments to the Constitution of the Russian Federation led to amendments to the Federal Constitutional Law “On the Judicial System of the Russian Federation”. The constitutional (statutory) courts of the constituent entities of the Ru

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5

Krjažkova, Ol’ga. "Die Bedeutung der russischen Verfassungsreform des Jahres 2020 für die Verfassungsgerichtsbarkeit." osteuropa recht 67, no. 1 (2021): 27–40. http://dx.doi.org/10.5771/0030-6444-2021-1-27.

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The article analyzes the 2020 Russian constitutional reform with a special focus on constitutional justice. The author discusses the changes of the Constitution and the legislation on the Federal Constitutional Court and the Constitutional Courts of the constituent entities (subjects) of the Russian Federation. The analysis shows three main developments: First, the liquidation of the constitutional (charter) courts of the subjects of the Federation and their possible replacement by councils within legislative bodies. Secondly, changes of the organization of the Constitutional Court (the reduct

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6

Kurilyuk, Yu E., and D. A. Garanin. "Constitutional and Statutory Courts of Constituent Entities of Russia in the National Judicial System: Past, Present and Future." Humanities and Social Sciences. Bulletin of the Financial University 11, no. 4 (2022): 66–72. http://dx.doi.org/10.26794/2226-7867-2021-11-4-66-72.

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The regional bodies of constitutional control have existed for more than 30 years, and during their work, they caused heated debates among legal scholars regarding their necessity. From January 1, 2023, these courts will cease to exist throughout the country because the wording of the federal Constitution and the law “On the Judicial System of the Russian Federation” has been changed. The researchers consider the legal regulation of the activities of constitutional and statutory courts and the history of their activity, draw parallels with the legal regulation of such instances abroad, analyse

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7

Evdokimov, Vyacheslav B., Oleg A. Kozhevnikov, and Alexander V. Savoskin. "Who has the right to officially interpret constitutions (charters) of the constituent entities of the Russian Federation after the constitutional amendments of 2020?" Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 51 (2024): 25–38. http://dx.doi.org/10.17223/22253513/51/3.

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After the abolition of constitutional (charter) courts of the constituent entities of the Russian Federation the issue of official interpretation of constitutions (charters) of the constituent entities of the Russian Federation has become more relevant. The legal positions of the Constitutional Court of the Russian Federation, which gave the right of normative control of compliance with the Basic Law of the constituent entity of the Russian Federation only to the bodies of regional constitutional justice, now turned out to be unenforceable. The situation is aggravated by the fact that many con

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8

Tomilin, Oleg, and Ivan Romaikin. "SOME ASPECTS OF THE CONSTITUTIONAL RIGHT TO HEALTH PROTECTION AND MEDICAL CARE IN THE CONTEXT OF THE LEGAL POSITIONS OF THE SUPREME COURTS OF THE RUSSIAN FEDERATION." Social Aspects of Population Health 69, no. 4 (2023): 18. http://dx.doi.org/10.21045/2071-5021-2023-69-4-18.

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The constitutional right to health protection and medical care is one of the fundamental human rights. It has a rather complex implementation mechanism and assumes the functioning of a developed health organization system. The realization of the right to health protection and medical care has become particularly relevant during the spread of the new coronavirus infection COVID-19. The purpose of the study is to analyze some aspects of the constitutional right to health protection and medical care in the light of the legal positions of the highest judicial instances of the Russian Federation –

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9

Stenichkin, N. G. "Issues of Superion Courts of the Russian Federation when Implementing the Legislative Initiative." Rossijskoe pravosudie 10 (September 25, 2020): 32–41. http://dx.doi.org/10.37399/issn2072-909x.2020.10.32-41.

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The problem. The concept of «issues of reference» is used in the Constitution of the Russian Federation when listing the subjects of the law of legislative initiative in relation to the judiciary. The legislation does not disclose or define this concept, which leads to discussion about its content and, as a result, raises questions about the practical implementation of the separation of powers principle in the legislative process. Aims and objectives of the study: we determined the limitations of the law of legislative initiative of the higher courts of Russia from the point of view the legal

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10

BREZHNEV, O. V. "CONSTITUTION OF 1993 AND THE DEVELOPMENT OF CONSTITUTIONAL JUSTICE IN RUSSIA." Ser-11_2023 64, no. 6, 2023 (2024): 59–79. http://dx.doi.org/10.55959/msu0130-0113-11-64-6-4.

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The article reveals various aspects of the in uence of the Constitution of the Russian Federation of 1993 on the development of national constitutional justice. Such development is ensured through the improvement of constitutional norms by the legislator and, in this regard, the signi cance of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ, the adoption of which led to a certain modi cation of the existing model of constitutional justice, is revealed. It is shown how the understanding of constitutional norms on the o

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11

Galyaeva, Irina. "Preliminary constitutional control of laws in the constitutional history of Russia: has there been continuity?" Sravnitel noe konstitucionnoe obozrenie 31, no. 1 (2022): 164–83. https://doi.org/10.21128/1812-7126-2022-1-164-183.

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Ascertainment of the historical basis of the 2020 Constitutional reforms is as important as studying the constitutional amendments themselves. In this connection it’s necessary to evaluate the experience of the functioning of preliminary constitutional control, authority for which is vested in the Constitutional Court of Russia. This research provides two main conclusions. First, even if this kind of control or review had been regulated by law, it was not exercised, either by the Governing Senate of the Russian Empire or the Committee of Constitutional Review of the USSR. Second, in the Soviet

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12

Brezhnev, O. V. "Preliminary Constitutional Review and its Implementation in Russia: Problems of Theories and Applications." Actual Problems of Russian Law 15, no. 10 (2020): 36–43. http://dx.doi.org/10.17803/1994-1471.2020.119.10.036-043.

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The paper is devoted to the problems concerning the legal nature, normative regulation and the procedure for the implementation of the institute of preliminary constitutional review in the Russian Federation. Although the exercise of this type of constitutional control ensurs the prevention of the detected violations, it also carries certain risks associated with the limited time frame of its implementation, impossibility of taking into account interpretation of the contested norm in law enforcement, etc. The author demonstartes permissible forms of the use of preliminary control in the activi

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13

Sviridenko, O. M. "The 2020 Constitutional Reform: An Independent Constitutional and Legal Status of Commercial (Arbitrazh) Courts being fixed for the First Time." Actual Problems of Russian Law 17, no. 12 (2022): 39–45. http://dx.doi.org/10.17803/1994-1471.2022.145.12.039-045.

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The paper analyzes the interim results of the 2020 constitutional reform, which affected the foundations of the judiciary in the territory of the Russian Federation. The author assumes and justifies that there is a change in priorities and vectors of legislative work in the field of commercial (arbitrazh) procedural legislation. Based on the analysis of the history of the creation of commercial (arbitrazh) courts, the author makes a conclusion about the formation and development of commercial (arbitrazh) courts as an independent procedural form of the exercise of judicial power in modern Russi

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14

BARTSITS, IGOR N. "Rethinking the relationship between international and national law at the turn." Public Administration 22, no. 1 (2020): 33–42. http://dx.doi.org/10.22394/2070-8378-2020-22-1-33-42.

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The article is devoted to revealing the specifics of the implementation of such areas of constitutional law as the constitutionalization of international law and the internationalization of constitutional law by the example of additions to Article 79 of the Constitution of the Russian Federation, as well as the practices of the Italian Constitutional Court, the Federal Constitutional Court of Germany, etc. The author examined in sufficient detail the procedures for extending the effect of international law and international treaties of Russia to the national legal system, analyzed the concept

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15

Sushil'nikov, Ilya. "The constitutional basis of anti-monopoly control and competition regulation in the implementation of public-private partnerships." Sravnitel noe konstitucionnoe obozrenie 31, no. 6 (2022): 108–31. https://doi.org/10.21128/1812-7126-2022-6-108-131.

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The author examines the constitutional principles of support for competition and prohibition of economic activities aimed at unfair competition as the constitutional basis of the implementation of public-private partnerships. The paper is devoted to an analysis of the application of the concepts of law and economics to instances of competition of constitutional provisions. Constitutional principles forming the basis of antitrust law and of a public-private partnership can be scrutinized with the help of the economic analysis of law. Such economic phenomena as public-private partnerships and co

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16

Dzidzoev, Ruslan Mukharbekovich. "Questions of federal structure in the revised version of the Constitution of Russia." Юридические исследования, no. 7 (July 2020): 29–41. http://dx.doi.org/10.25136/2409-7136.2020.7.33720.

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The subject of this research is the questions of constitutional reform regarding the federal structure of Russia, which require scientific assessment. The object of this research is the legal acts that laid the groundwork for the constitutional reform in Russia: Message of the President of the Russian Federation to the Federal Assembly of the Russian Federation of January 15, 2020; Law on the Amendment to the Constitution of the Russian Federation; Conclusion of the Constitutional Court of the Russian Federation on Conformity with the Amendment of the Current Constitution of Russia. Detailed a

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17

Zaykov, D. E. "Compensatory Proceedings: Problems of Legal Regulation and Application." Actual Problems of Russian Law 19, no. 11 (2024): 64–72. https://doi.org/10.17803/1994-1471.2024.168.11.064-072.

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The institute of compensatory mechanisms, introduced in 2020 in constitutional proceedings, aims to compensate the applicant for complaints to the Constitutional Court of the Russian Federation for the negative consequences of violation of his rights by the use of a normative legal act recognized as unconstitutional or inconsistent with the Constitution of the Russian Federation in the interpretation given by the Constitutional Court of the Russian Federation. This legal institution is quite actively used by the Constitutional Court of the Russian Federation. However, attempts to implement it

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18

Sadovnikova, G. D. "30 Years of the Constitution of the Russian Federation: Traditional Values and New Priorities." Actual Problems of Russian Law 18, no. 10 (2023): 45–53. http://dx.doi.org/10.17803/1994-1471.2023.155.10.045-053.

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On the eve of the 30th Anniversary of the Constitution of Russia, the author makes an attempt to evaluate the Russian basic law, the content of the norms enshrined in the Constitution for their compliance with traditional values, i.e., spirituality, conciliarity, and civilizational identity inherent in the peoples of Russia. The anniversary date makes it possible to comprehend the meaning of traditional values, their reflection in the basic laws of the Russian State adopted in different historical periods. The author examines approaches to the concept of constitutional (constitutionally signif

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19

Dzidzoev, Ruslan Mukharbekovich. "The questions of organization of state power in new revision of the Constitution of the Russian Federation." Право и политика, no. 9 (September 2020): 156–66. http://dx.doi.org/10.7256/2454-0706.2020.9.33640.

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The subject of this research is the organization of state power in Russia in light of the amendments to the Constitution of the Russian Federation introduced in 2020 that require systematic scientific assessment. The object of this research is the legal acts that laid groundwork for the constitutional reform in Russia: Presidential Address to the Federal Assembly of the Russian Federation of January 15, 2020,&nbsp; Law on Amendments to the Constitution of the Russian Federation, Opinion of the Constitutional Court of the Russian Federation on correspondence of the amendment to the current

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20

Zmievskii, Dmitrii V. "THE RIGHT OF LEGISLATIVE INITIATIVE IN THE SYSTEM OF POWERS OF THE RUSSIAN FEDERATION CONSTITUTIONAL COURT." Oeconomia et Jus, no. 4 (December 23, 2021): 46–52. http://dx.doi.org/10.47026/2499-9636-2021-4-46-52.

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The article considers the right of legislative initiative of the Constitutional Court of the Russian Federation enshrined in the Constitution of the Russian Federation in the light of amendments made to the Fundamental Law of our state in 2020, as well as subsequent updating of special federal constitutional legislation. It is noted that the problem of practice deficiency in implementing the mentioned power by the Constitutional Court of the Russian Federation is not new for the Russian legal science; in general, it is naturally determined and is due to a number of objective factors. However,

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21

Dudko, Irina A. "On the Issue of Development of the Constitutional Right to Judicial Protection." Rossijskoe Pravosudie, no. 12 (November 14, 2024): 13–22. https://doi.org/10.37399/issn2072-909x.2024.12.13-22.

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The right to judicial protection in Russia in its entirety was enshrined only in the 1993 Constitution. The constitutional consolidation of judicial protection of rights and freedoms marked a new stage in the constitutional development of our country, a departure from the long-prevailing tradition of the priority of the state over the individual. It seems important to trace the evolution of the constitutional design of the right to judicial protection in the Russian Federation and foreign countries. Of significant interest is the analysis of draft constitutions proposed by various authors and

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22

Sychev, Vitalii B. "Content and forms of participation of the Constitutional Court of the Russian Federation in lawmaking." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 2 (2021): 223–31. http://dx.doi.org/10.18500/1994-2540-2021-21-2-223-231.

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Introduction. The judicial constitutional review authorities ensure the supremacy and direct application of the constitutions. They also participates in lawmaking activities. Constitutional review authorities can participate in lawmaking activities directly or circumstantially. There are two kinds of the direct participation of such authorities in lawmaking activities: legislative initiative and participation in lawmaking activities in connection with the implementation of the constitutional review. The methodology of research is based on general scientific and special legal research methods.

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23

Bobrova, Natalia A. "The Constitutional Court of the Russian Federation as a subject of constitutional responsibility." Law Enforcement Review 4, no. 4 (2020): 23–34. http://dx.doi.org/10.24147/2542-1514.2020.4(4).23-34.

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The subject of the article is justification of the main elements of the constitutional responsibility of the Russian Constitutional Court in the context of constitutional reform. The purpose of the article is confirmation or refutation of the hypothesis that the Constitutional Court must be subject to constitutional responsibility. The methodology. The author uses methods of complex analysis of legislation, synthesis, as well as formal-logical and formal-legal methods. The main results, scope of application. Russia as a democratic state excludes the existence of legally irresponsible subjects

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24

Khudoley, K. M. "PRINCIPLES OF INTERPRETATION OF THE CONSTITUTIONAL NORMS BY REGIONAL CONSTITUTIONAL (STATUTORY) COURTS." Ex jure, no. 4 (2019): 21–33. http://dx.doi.org/10.17072/2619-0648-2019-4-21-33.

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Abstract: in article the principles by which bodies of the constitutional control of territorial subjects of the Russian Federation at implementation of interpretation of the constitutional provisions are guided are considered. A methodological basis of research general scientific and private and scientific methods of knowledge make set of methods, including dialectic. The empirical base of research was made by the standards of the regional legislation regulating activity of the constitutional (statutory) courts and the decision of regional bodies of the constitutional control. The conclusion

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25

Levin, V. V. "Features of Judicial Practice in the Russia as the Basis of Precedent." Sociology and Law, no. 4 (December 31, 2020): 98–106. http://dx.doi.org/10.35854/2219-6242-2020-4-98-106.

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The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

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Levin, V. V. "Features of Judicial Practice in the Russia as the Basis of Precedent." Sociology and Law, no. 4 (December 31, 2020): 98–106. http://dx.doi.org/10.35854/2219-6242-2020-4-98-106.

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The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

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27

Zbaratsky, В. A. "Judicial Legislative Initiative in Constituent Entities of the Russian Federation." Actual Problems of Russian Law, no. 10 (November 9, 2019): 29–37. http://dx.doi.org/10.17803/1994-1471.2019.107.10.029-037.

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The article investigates the legislative initiative of judicial authorities at the level of constituent entities of the Russian Federation. Comparing legislative initiative assigned to the courts under the Constitution of the Russian Federation and constitutions (charters) of subjects of the Russian Federation, the author has come to the conclusion that the content of the right to legislative initiative in the vast majority of constituent entities of the Russian Federation is similar to the content thereof in federal legislation. The author investigates various approaches of constituent entiti

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28

Komarova, V. V. "Constitutional Reform 2020 in Russia (Selected Issues)." Actual Problems of Russian Law 15, no. 8 (2020): 22–31. http://dx.doi.org/10.17803/1994-1471.2020.117.8.022-031.

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On the basis of the analysis of Law of the Russian Federation on Amendment to the Constitution of the Russian Federation as of March 14, 2020, No 1-FKZ “On improvement of regulation of certain issues of organization and functioning of public power,” legislation, acts and legal standings of the Constitutional Court of the Russian Federation, as well as the practice of transforming the Constitution of Russia, and Presidential directives, the author investigates some issues concerning the Constitutional Reform 2020 initiated by the Head of the State. The paper examines the issues of the new const

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29

Ivanova, Еlena L., and Aleksey A. Petrov. "REGULATION OF PRELIMINARY CONSTITUTIONAL REVIEW IN THE POST-SOVIET STATES (COMPARATIVE LEGAL ANALYSIS AND EVALUATION OF DEVELOPMENT PROSPECTS IN RUSSIA)." Tyumen State University Herald. Social, Economic, and Law Research 8, no. 1 (2022): 189–208. http://dx.doi.org/10.21684/2411-7897-2022-8-1-189-208.

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The issues of preliminary constitutional review are not thoroughly researched in the scientific field of constitutional law mainly due to relatively small volume of relevant practice both in the Russian Federation and in affairs of competent bodies of foreign states. At the same time, the changes in the legal regulation of the powers of the Constitutional Court of the Russian Federation, which occurred within the framework of the constitutional reform of 2020, indicated once again the relevance of the study of preliminary constitutional review. Whereas prior to these transformations the compet

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30

Koshel, Alexey S. "The Interaction of the Parliament and the Judiciary of the Russian Federation." Vestnik Tomskogo gosudarstvennogo universiteta, no. 460 (2020): 258–64. http://dx.doi.org/10.17223/15617793/460/31.

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The article discusses the constitutional problems of consolidation, implementation and improvement of the mechanism of interaction between the parliament and higher courts in parliamentary procedures. The research methods are analysis, synthesis, normative (formal-logical), and historical-legal. The key aim of the study is to identify a mechanism for ensuring the control function of the parliament to control the implementation in the Russian Federation of laws adopted by the Federal Assembly of the Russian Federation. The author came to the following conclusions. In recent years, the higher co

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31

Glandin, Sergey V., Gennady A. Esakov, Tatiana A. Tereshchenko, and Petr A. Popov. "LEGAL CHRONICLE." Zakon 21, no. 4 (2024): 88–104. http://dx.doi.org/10.37239/0869-4400-2024-21-4-88-104.

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The April Legal Chronicle describes the main events of March 2024 in the field of foreign sanctions against Russia, criticises the practice of Russian courts on the issues of liability of banks and clients when making money transfers under sanctions, analyses the problems of issue preclusion of a judicial act in a criminal case for civil proceedings in the light of the recently adopted definition of the Supreme Court of the Russian Federation, and considers the consequences of the Constitutional Court’s recognition of the provisions of Article 221 of the Tax Code as unconstitutional.

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Latysheva, N. A., and E. A. Kolesov. "INFLUENCE OF ACTS OF HIGHER COURTS OF THE RUSSIAN FEDERATION ON THE ACTIVITY CONTENT OF STATE CIVIL SERVANTS – EMPLOYEES OF THE COURT APPARATUS." Vestnik Povolzhskogo instituta upravleniya 22, no. 2 (2022): 31–39. http://dx.doi.org/10.22394/1682-2358-2022-2-31-39.

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The impact of the judicial practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on the content of the official activities of civil servants - employees of the apparatus of courts of general jurisdiction and arbitration courts is analyzed. As a result of the study, the orienting nature of the acts of the Constitutional Court of the Russian Federation was recorded, which is expressed in taking into account the legal positions contained in them during the court activities organizational support.

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Kaznacheysky, Vladimir V. "The Principle of Direct Effect of the Constitution of the Russian Federation in Criminal Case Review." Constitutional and municipal law 1 (January 25, 2024): 18–22. http://dx.doi.org/10.18572/1812-3767-2024-1-18-22.

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The article is devoted to problematic issues of applying the principle of constitutional law related to the direct effect of the Constitution of the Russian Federation when considering criminal cases by courts of general jurisdiction. The subject of the study is the principle of direct action of the Basic Law, doctrinal sources devoted to the topic under discussion, the legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, issues of legal consciousness of judges. Scientific provisions on the formation of comprehensive measures ai

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34

Mityukov, Mikhail. "The formation of the composition of the Constitutional Court of Russia in 1994–1995 (on the history of the issue and constitutional and legal aspects)." Sravnitel noe konstitucionnoe obozrenie 30, no. 4 (2021): 155–71. http://dx.doi.org/10.21128/1812-7126-2021-4-155-171.

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The modernisation of the Constitutional Court of the Russian Federation in 1993–2000 was a result of the political and legal transformations of the 1990s, and the period of its procedural inaction for a year and a half was by no means time lost. It was used to prepare a new law for the Constitutional Court, which was largely prepared by the Court itself and accompanied by disputes with the State Legal Department of the Russian Federation’s president and various factions of the State Duma of the first assembly (LDPR, KPRF). Discussions were primarily held about the status of the Constitutional

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35

Borisova, Viktoriya R. "The Problem of Non-Execution of Decisions of the Constitutional Court of the Russian Federation." Theoretical and Applied Law, no. 3 (17) (September 2023): 78–81. http://dx.doi.org/10.22394/2686-7834-2023-3-78-81.

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In the article the author analyzes the problem of non-execution of decisions of the Constitutional Court of the Russian Federation. It is emphasized that this circumstance undermines the supremacy of the Constitution of the Russian Federation. The author gives a specifi c example, when a decision of the Constitutional Court of the Russian Federation was issued in the interests of the applicants, however, the corresponding federal law was not adopted in the manner prescribed by law. Solutions to this problem are proposed. The necessity of allowing the courts of the Russian Federation to allow t

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Vasilyeva, Yu V., and S. V. Shuraleva. "WORK ON PARENTAL LEAVE: THEORY AND PRACTICE ISSUES." Ex jure, no. 1 (2024): 88–100. http://dx.doi.org/10.17072/2619-0648-2024-1-88-100.

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Abstract: the absence in the Labor Code of the Russian Federation of a maximum duration of part-time work for persons working on parental leave creates uncertainty in judicial practice in disputes between employers and the Social Fund of Russia regarding the payment of insurance compensation. When refusing to employers, the Social Fund of Russia and the courts, as a rule, appeal to the fact that child care benefits (which should be compensatory in nature) with a slight reduction in working hours become an additional material incentive. In such a situation, the employee is recognized as a subje

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Kurochkin, S. A. "Constitutionalization of Arbitration." Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki 166, no. 3 (2024): 81–96. http://dx.doi.org/10.26907/2541-7738.2024.3.81-96.

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The number of arbitration cases handled by the Constitutional Court of the Russian Federation has steadily increased over the years. The evolution of social practices and judicial approaches to arbitration procedures has prompted the supreme body for judicial protection of the Russian Constitution to repeatedly review whether the legal concepts used to resolve civil disputes by arbitration courts and international commercial arbitrations align with the nation’s basic law. The outcome of this process is a set of legal principles that define the constitutional and judicial foundations of arbitra

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Tsaliev, Aleksandr. "Judicial Power as Mandatory Attribute of a Constituent Entity of the Russian Federation." Journal of Russian Law 4, no. 4 (2016): 0. http://dx.doi.org/10.12737/18703.

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The article criticizes the idea of territorial federalism and on the example of judicial power the author demonstrates that attempts to reduce the constitutional and legal status of constituent entities of the Russian Federation to the level of administrative-territorial units only pursue the aim to divest them of state authority and property. In order to substantiate his point of view, the author analyzes the legal status of constituent entities of the Russian Federation and notes that judicial power is defined as their mandatory attribute. The author underlines social demand and necessity in

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Adelseitova, A. B., and A. A. Marieva. "ABOUT THE NECESSITY TO ESTABLISH A CONSTITUTIONAL COURT IN THE REPUBLIC OF CRIMEA." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 1 (2021): 86–94. http://dx.doi.org/10.37279/2413-1733-2021-7-1-86-94.

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The article discusses the feasibility of establishing the Constitutional Court of the Republic of Crimea, analyzes the functioning of the judicial system in the Republic of Crimea, and concludes that it is necessary to create a body of constitutional control at the local level, which would be able to resolve current problems in a timely manner. The legislation regulating the creation and functioning of constitutional (statutory) courts in the subjects of the Russian Federation is analyzed, the activities of the constitutional (statutory) courts functioning today in the subjects of the Russian

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Ryabova, Elena. "The Constitutional Principle of Uniform Economic Area and Centralization of Public Finance in the Russian Federation: Analysis of the Russian Federation Constitutional Court’s Rulings." Russian Law Journal 7, no. 4 (2019): 151–75. http://dx.doi.org/10.17589/2309-8678-2019-7-4-151-175.

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The paper is devoted to the issue of centralization in public finance in Russia, and highlights one of the problems of interpretation of the Russian Constitution clauses. The Rulings of the Russian Federation Constitutional Court from the period 1997–2006 created legal grounds for the process of centralization and reduction of the regional powers regarding budgeting and taxation. But all arguments of the Court are debatable. Wherein, the centralization is justified by the constitutional principle of uniform economic area. The author argues that the Russian Constitution does not have clauses es

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Zholobov, Yaroslav B. "The powers of presidents of general jurisdiction courts in the Russian Federation: Classification issues." Vestnik of Saint Petersburg University. Law 13, no. 4 (2022): 860–76. http://dx.doi.org/10.21638/spbu14.2022.402.

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Based on the practical experience of the retired court president, the article covers the issues of systematizing the powers of presidents of general jurisdiction courts in Russia through creating their classification. The material is presented in a problematic manner. The author identified four key issues related to the powers of presidents of general jurisdiction courts: the compliance of powers with new tasks and challenges that arise before the justice system; the binding nature of the powers of presidents of general jurisdiction courts; differences in the powers of presidents of general ju

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Starostina, Inga A., and Dmitriy G. Shustrov. "The Venice Commission and the Amendments to the 2020 Constitution of the Russian Federation: Opinion on the Draft of Amendments to the Constitution (Signed by the President of the Russian Federation on March 14, 2020) Concerning Enforcement of Judgments of the European Court of Human Rights in the Russian Federation." Constitutional and municipal law 10 (October 22, 2020): 24–28. http://dx.doi.org/10.18572/1812-3767-2020-10-24-28.

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The article reviews the Opinion of the Venice Commission on the Amendments to the 2020 Constitution of the Russian Federation concerning enforcement of judgments of the European Court of Human Rights in the Russian Federation, that constitute a contradiction to the obligations of Russia under the Convention, and a worry that the corresponding power of the Constitutional Court of the Russian Federation will be fixed in the Constitution.

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Семеновский, Игорь, and Igor' Semenovskiy. "BASICS OF THE JUDICIAL CONSTITUTIONAL REVIEW AND ENFORCEMENT IN RUSSIAN AND BRAZILIAN FEDERAL STRUCTURE." Journal of Foreign Legislation and Comparative Law 3, no. 3 (2017): 43–48. http://dx.doi.org/10.12737/article_593fc343aac832.56581856.

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This article is devoted to the comparative analysis of bases of legal regulation of the constitutional proceedings and enforcement in the Russian Federation and the Federative Republic of Brazil, whihc are the Member States of BRICS. The author provides a brief overview of the constitutional regulation of the judiciary and a comparative analysis of the models of judicial constitutional control in Brazil and Russia; examines in detail the legal regulation of judicial constitutional control of the two states, including a review of the constitutional regulation of judicial procedures used by the

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Osetrov, S. A. "Constitutional amendment 2020: from legal technique to legal meaning." Juridical Journal of Samara University 7, no. 1 (2021): 51–56. http://dx.doi.org/10.18287/2542-047x-2021-7-1-51-56.

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In the article, some features of legal technique of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation On the improving regulation of certain issues of the organization and functioning of public authorities are observed. The author of the article pays attention to the difficulties of the legal understanding of some new provisions of the Constitution of Russia. In this context, the author concludes, that such constitutional provisions can be clarified by formation of legal positions by the Constitutional Court of Russia and by the adoption of amendm

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Salenko, A. "Russian Public Assembly Law: Constitutional Evolution 1993–2023." BRICS Law Journal 11, no. 2 (2024): 154–78. http://dx.doi.org/10.21684/2412-2343-2024-11-2-154-178.

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The current Public Assembly Law in the Russian Federation, which regulates the implementation of the constitutional right to freedom of peaceful assembly in Russia, has been developed and formed over the course of the past three decades, following the ratification of the Russian Constitution in 1993. The Public Assembly Law can be described as an important institute of public law as well as a sub-branch of the constitutional law of Russia, which combines constitutional provisions, relevant norms of the federal and regional laws and case law of the Russian Constitutional Court regarding the imp

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Константин, К. Л., and И. Р. Виталий. "Stages of Formation and Development of Judicial System of the Russian Federation: the First Stage - the 1990s." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 4 (December 15, 2019): 87–99. http://dx.doi.org/10.26163/gief.2019.83.32.014.

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В статье рассматриваются основные вехи создания судебной системы Российской Федерации на первом этапе после провозглашения независимости и суверенитета России в 90-ые годы XX века. Раскрывается значение создания новой ветви судебной власти в России - системы государственных арбитражных судов и таких новых институтов, как: мировые судьи, Конституционный Суд РФ и конституционные/уставные суды субъектов Российской Федерации. Показывается дуалистичность судебной системы в России, взаимосвязь судебной системы с третейскими судами (арбитражами). Отмечается значение участия адвокатов при отправлении

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Grishnova, Elena Yevgenievna, Tatiana Viktorovn Larina, Andrey A. Soloviev, Yuri Viktorovich Stepanenko, and Yuriy Nikolaevich Tuganov. "Constitutional justice in the Russian Federation." LAPLAGE EM REVISTA 7, no. 1 (2021): 396–400. http://dx.doi.org/10.24115/s2446-6220202171750p.396-400.

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The article aims at studying the legal nature and essence of constitutional proceedings with due regard to historical experience and modern legislative approaches to the structure and system of constitutional justice in Russia. The main research method was the deductive method which allowed the authors to study the legal nature of the Constitutional Court and its role in the separation of powers in Russia. The article also used the inductive method, the method of systemic analysis, and comparative-legal and historical methods. To solve the research problem, it is necessary to consider the lega

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Krasheninnikov, Pavel V. "Yakovlev’s law." Gosudarstvo i pravo, no. 8 (October 27, 2024): 7–14. http://dx.doi.org/10.31857/s1026945224080019.

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The article is devoted to the Soviet and Russian statesman, legal scholar, Corresponding Member of the Russian Academy of Sciences, Doctor of Law, Professor, Honored Lawyer of the RSFSR Veniamin Fedorovich Yakovlev. The paper presents the main stages of life and work of the statesman and scientist, as well as reveals his contribution to the development of Civil and Constitutional Law, the construction of a system of arbitration courts in the Russian Federation. The main attention is paid to scientific activities on the development of the law on cooperation, the preparation of a regulatory fram

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Казанков, Сергей Петрович. "О праве Конституционного Суда РФ признавать решения международных и иностранных судов и третейских судов (арбитражей) противоречащими российскому публичному правопорядку". Demidov Law Journal 13, № 4 (2023): 498–507. https://doi.org/10.18255/2306-5648-2023-4-498-507.

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In this article, the author analyzes constitutional amendments, introduced in 2020, which gives the Constitutional Court of the Russian Federation the right to recognize decisions of international and foreign courts and arbitration courts (arbitration) as contrary to Russian public law and order and make decisions on the possibility of their execution on the territory of the Russian Federation. The author examined the provisions of a number of international and domestic normative legal acts and treaties, including the UN Charter, the Vienna Convention on the Law of International Treaties of 19

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Sychev, Semen. "Law-Making and Law Enforcement of Civil Rights and Freedoms: Constitutional and Legal Aspects." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2022, no. 1 (2022): 64–74. http://dx.doi.org/10.21603/2542-1840-2022-6-1-64-74.

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The author raises the question of improving the activities of public authorities that comply with the orders of the Constitutional Court of the Russian Federation. The research featured various issues related to the implementation of constitutional justice and their possible solutions. The study revealed the following needs: 1) to adjust the Federal Constitutional Law on the Constitutional Court of the Russian Federation to time-limits for State Duma draft laws; 2) to return the extraordinary adoption of bills in pursuance of decisions of the Constitutional Court of the Russian Federation; 3)

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