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Journal articles on the topic 'Russian Constitution'
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1
Butler, W. "Five Generations of Russian Constitutions: Russia as Part of the Western Legal Heritage." BRICS Law Journal 6, no. 3 (September 14, 2019): 13–21. http://dx.doi.org/10.21684/2412-2343-2019-6-3-13-21.
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The paper is devoted to the study of the relationship between the Russian constitutional history and Western legal traditions. The author argues the position according to which the constitutionalism has been a part of Russian legal history for centuries. On one view of Russian legal history, a written constitution remained an aspiration of the Russian people that was only partly realized in 1906. Marxist legal thought contemplated, or predicted, the “withering away of law” after a proletarian Revolution; adopting a constitution seemed counter-intuitive to this projected vector of history. This paper explores in general outline the five generations of the constitutions of Russia (1918, 1925, 1937, 1978, and 1993) and the maturing of a constitutional tradition in Russia which has led from a blueprint for communism to fully-fledged constitutional rule-of-law social State in which the constitution acts as a restraint upon the exercise of State power and performs the role that a constitution routinely performs as part of the western legal heritage. The author concludes the 1993 Russian Constitution is, for the first time, a living document that could be considered as a reaction against the Russian past, the embodiment of Russian experience, and the repository of Russian values and desires for its future.
2
Tregubov, Mikhail V. "The proceeding of the amending the constitution of Russian federation: comparative analysis." Russian Journal of Legal Studies 6, no. 3 (April 1, 2020): 123–29. http://dx.doi.org/10.17816/rjls19114.
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The article is devoted to analysis of the provisions of the constitutions of the Russian Federation and the French Republic on the procedure for amending the text of the Constitution. On the premise of the legal and socio-political proximity of the constitutional systems of the Russian Federation and the Fifth French Republic, the author makes a comparative analysis of the provisions of the Constitution of Russia of 1993 year and the French Constitution of 1958 year, paying particular attention to the point of making changes and amendments into the text of the Main laws of Russia and France.
According to the author, the Constitution, as the Supreme standard of the legal system of the State, its basis, should not become incapable of correction, static construct. For a truly democratic strengthening of the Constitution it is important to give the society the opportunity to modify it. Stiffness adjustment rules the Constitution can justify the theoretical considerations, international experience, technical problems that arise because of additions to the text, as well as the loss of credibility of the Constitution as the basic law.
The article shows that the three-tier constitutional structure upgrade in Russia justifies itself in terms of the hierarchy of values. It is advisable to make or even exclude the procedure of changing the basic law and aspects relating to the State and national sovereignty; application of several simplified, lightweight procedures not only permissible but desirable in the case of the adoption of the amendments, which are associated with the device of the public authorities. However, according to the author, the mechanism must be employed for the review of the Constitution, not declarative, as the request for convening the constitutional Light in case of revision of the provisions of the Constitution of the Russian Federation. The French Constitution, establishing more concise mechanism changes, allows more flexibility to shift constitutional paradigms. In the end, the conclusion about the possibility of using the unique experience of French Constitutional reforms in Russia.
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Kazankov, Sergey P. "Constitutional amendments and revision of the Constitution of the Russian Federation: features of the 2020 procedure." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 15, no. 2 (June 11, 2021): 232. http://dx.doi.org/10.18255/1996-5648-2021-2-232-241.
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The article discusses the issue of the procedure for changing the Constitution of the Russian Federation. Examples of norms of foreign constitutions are given, which constitutionalists recognize as rigid constitutions in the order of their amendment. The ways of changing the Constitution of the Russian Federation are considered: revision, adoption of amendments, amendment of Art. 65Identified problems such as the form of the amendment to the Constitution, the moment of entry into force of the amendment, the introduction by the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of 2020 a nationwide vote as an additional condition for the entry into force of the amendment, as well as additional powers of the Constitutional Court of the Russian Federation to verify compliance with Chapters 1, 2 and 9 of the Constitution of the Russian Federation of the provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation that have not entered into force, as well as the procedure for the entry into force of Art. 1 of the Amendment Act. The critical notes are offered. In particular, the author comes to the conclusion that the approval of the constitutional amendment by the parliaments of the constituent entities of the Russian Federation is not a moment, but a condition for its entry into force, therefore, the law on the amendment cannot introduce additional conditions for the entry into force of constitutional amendments, since this leads to a violation requirements of Art. 136 of the Constitution, which cannot be amended by the federal parliament in the manner prescribed by chapter 9 of the Constitution.
4
Ruutu, Katja. "Future, Past and Present in Russian Constitutional Politics: Russian Constitutions in a Conceptual-Historical Perspective." Review of Central and East European Law 35, no. 1 (2010): 77–110. http://dx.doi.org/10.1163/157303510x12650378240034.
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AbstractThe present article uses the methods of conceptual history to investigate the transformation of Soviet and Russian constitutional concepts. My intention is to show the whole constitutional movement of Russia, and to focus on the 'time layers' (future, past and present) used by actors in constructing the key concepts that inform the narratives of the constitutional unity of the Soviet Union/Russian Federation. By focusing on the six constitutions adopted in the Soviet Union/Russian Federation, the article will seek to show that Soviet/Russian conceptual history is more multifaceted, and more political in nature, than is commonly thought. Because the political unity of the state was restricted not only by the constitution, but also by the party ideology of the Communist Party of the Soviet Union, political debates concerning constitutional concepts represented the key discussions for all the reformative pursuits of Soviet politics. Constitutional concepts were the most important means to argue and create a basis for a new political presentation and new political programs. This pattern has also been typical of present-day Russian politics, with the difference that, so far, only one constitution has been adopted in the Russian Federation. Specifically, we will seek to relate Putin's constitutional concepts to the textual base, and the political background, of the previous constitutions. On a more general level, the present article should contribute to the development of a theory of periodization that takes into consideration the shifts in a period's key concepts and vocabularies.
5
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 analysis is conducted on the content of the constitutional amendments, their correlation with the legal logic and the needs of constitutional federal progress in Russia. The combination of applied methods (general scientific and private scientific, such as formal-legal, comparative-legal, systemic) allows determining the degree and limits of impact of the constitutional amendments upon the federal structure of Russia. The key conclusions consist in ascertainment of the large-scale constitutional federal reform in Russia oriented towards the principles of state unity and territorial integrity, which received prominent and holistic reflection in the revised version of the Constitution; need to complete federal reform at the current legislative level via amending the Federal law “On The General Principles Of Organization of Legislative (Representative) and Executive Authorities of Constituent Entities of the Russian Federation”, as well as the Constitution and statues of the constituent entities of the Russian Federation, which should be brought into compliance with the new revision of the Main Law of Russia. The author's special contribution to this research lies in a systemic analysis of recent amendments to the Constitution of Russia, which testify to substantial changes in federal structure of the country. The novelty is defined by the analysis of new constitutional provisions characterizing the content of the constitutional reform in Russia with regards to federal structure, which have not been previously examined in legal science.
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Grachev, N. I. "Basic values of the Russian civilization as the basis of the Russian Constitution." Russian Journal of Legal Studies 2, no. 4 (December 15, 2015): 43–50. http://dx.doi.org/10.17816/rjls18077.
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This article deals with a conflict between Occidental civilizational values and the Russian ones which serve as political and legal fundamentals of the active Russian Constitution. An attempt is made to subtotal Russia’s constitutional evolution over the years which have passed since the Constitution of the Russian Federation was adopted in 1993. The condition of the country’s political and legal system is analyzed in a critical manner. Main courses of constitutional development of the Russian State and society are defined on the basis of sociocultural values which are traditional for Russia and its citizens.
7
Baburin, Sergey N. "The 2020 Constitutional Reform in the Russian Federation as a Way to Strengthen the Nation." Constitutional and municipal law 1 (January 28, 2021): 3–6. http://dx.doi.org/10.18572/1812-3767-2021-1-3-6.
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The article considers the positive changes of the Russian Constitution, implemented during the constitutional reform of 2020, justified the relevance and significance of the constitutional reform of 2020, which for the Russian Federation is an important step towards strengthening the nation as a multinational people of Russia, its unity. The return to the text of the constitution of traditional spiritual and moral values of Russian society, filling with real content of the social character of the modern Russian state is made with the understanding that the nation in Russia is a civilizational union of many peoples. The consolidation of the multi-ethnic people of Russia is considered in the spiritual, moral, social, economic, political and civilizational levels, when the consolidation of cultural unity of modern Russia is carried out at the same time protecting the identity of all peoples and ethnic communities of the Russian Federation. It is concluded that the constitutional reform of 2020 has not removed from the agenda the question of the need for a new Constitution of Russia.
8
Abashidze, A. Kh, M. V. Ilyashevich, and A. M. Solntsev. "Anchugov & Gladkov v. Russia." American Journal of International Law 111, no. 2 (April 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) of the 1993 Constitution of the Russian Federation. At the same time, the Constitutional Court stressed the necessity of ensuring a reasonable balance between the obligation to implement ECtHR judgments and respect for the fundamental principles of the Russian Federation's constitutional system. The Constitutional Court found that because the ECtHR judgment in question implicitly conflicted with provisions of the Russian Constitution, Russian courts are not obliged to comply with the judgment regarding issues that remain in conflict; however, other means are available to the Russian legislature to give effect to the judgment. While the decision marks an important development in Russia's relationship with the European system of human rights, it is not inconsistent with the approach taken by a substantial number of European domestic courts in holding that treaty obligations to enforce decisions of international courts cannot justify violating domestic constitutional norms.
9
Dzhankezov, Batyr Makharovich, Zaur Vladimirovich Chimov, Asiyat Alkhazovna Salpagarova, and Gul'nara Leonidovna Matakaeva. "To the question on institutional disproportion of the Constitution of the Russian Federation." Право и политика, no. 7 (July 2020): 85–91. http://dx.doi.org/10.7256/2454-0706.2020.7.33391.
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The subject of this research is the structural characteristics of the Constitution of the Russian Federation from the perspective of cross-disciplinary institutional approach. The author describes the peculiarities of application of institutional and neo-institutional methods of analysis in political science and jurisprudence. Two main vectors in application of methodology of institutional analysis in the constitutional-legal research are proposed: internal constitutional analysis of the branch of Russia’s constitutional law; and external institutional analysis, the object field of which includes interaction of the constitution with external environment of public authority and public policy. The author provides arguments for existence of institutional imbalance in the Constitution of the Russian Federation, which is substantiated by historical conditions and complexity of the state structure. Scientific novelty of the article is defined by application of cross-disciplinary methodology of institutional analysis towards studying structural specificity of the Constitution of the Russian Federation. Peculiarities of implementation of institutional analysis in political scientific and constitutional-legal research are revealed, which opens a new perspective upon correlation between various constitutional norms and institutions contained in the main law of Russia. The examples of institutional imbalance of the Constitution of the Russian Federation are demonstrated: a qualitatively and quantitatively complex model of federative structure; recognition by the Constitution of limited sovereignty of the republics as the constituent entities of the Russian Federation; entrenchment of a broad list of constitutional rights and freedoms without elaboration of the more effective mechanism of their implementation; imbalance between the rights and responsibilities; division of powers between central government and regional governments; absence of sufficient guaranteed of the system of local self-governance, etc. It is noted that to a certain extent, the ongoing constitutional reform eliminates the institutional imbalance of the Constitution of the Russian Federation, and the work in this direction should be continued.
10
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, 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 Constitution of Russia. The author examines the content of the constitutional amendments, their reference with legal logic and requirements for the constitutional progress in Russia. The following conclusions were formulated: the significance and magnitude of the recent constitutional amendments allows speaking of the large-scale constitutional reform that adumbrates the new stage of constitutional evolution in Russia that results in the reform of state superstructure; constitutional amendments noticeably changes the configuration of state power with regards to ratio of the branches of power, checks and balances, objects and redistribution of the institutions of state power, which testifies to transition of the Russian Federation from semi-presidential (presidential-parliamentary) form of government towards presidential, characterized by dominant role of the President within the state system. The novelty of this research lies in analysis of the new constitutional provisions that describe the content of the Russian constitutional reform in the aspect of characteristics of the leading institutions of state power.
11
Gonchar, Oleg. "The Great Russian People as the Russian National Idea." Bulletin of Kemerovo State University. Series: Political, Sociological and Economic sciences 2020, no. 2 (May 29, 2020): 139–55. http://dx.doi.org/10.21603/2500-3372-2020-5-2-139-155.
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The present research featured the state-forming status of the Russian people. The article focuses on the issue of fixing the legal status of Russians as the state-forming nation in the preamble to the Constitution. The research was based on a complex extrapolation modeling, comparative historical analysis, and behavioral approach. The author justified the amendments and explored domestic and foreign policy prospects for the long-overdue constitutional reforms. He introduced three possible constitutional solutions to the so-called Russian question and commented upon the opinion expressed by the judge of the Constitutional Court K. V. Aranovskiy on the state historical continuity of the Russian state. The author believes that there is no alternative to the national roadmap proclaimed by the President of the Russian Federation. However, there is a legal option to restore sovereignty by correcting the incorrigible "Yeltsin" Constitution. The country can claim its political sovereignty by adopting a new fundamental law and conducting the national Referendum on the New Constitution. The author gives evidence in favor of the spontaneous onset of the Russian irredenta in Ukraine. The denationalization of the state-forming ethnic group probably determined the collapse of the USSR and triggered the current constitutional crisis. The research also involved a geopolitical strategic analysis of various projects that proclaim the USSR and the Russian Federation the direct successors of the Russian Empire. The article features the traditional global practice of granting constitutional status to the dominant state-forming ethnic group. The analysis proved the Russian national idea as the optimal political and legal structure for solving the Russian question.
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Komarova, V. V. "Constitutional Reform 2020 in Russia (Selected Issues)." Actual Problems of Russian Law 15, no. 8 (August 30, 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 constitutional approach to the implementation of the principle of separation of powers, some additional powers of the President of Russia in the context of their expansion. The author argues her view concerning consideration of some legal phenomena rooted in the legal reality of Russia at the constitutional level on the example of the terms “public power” and “instructions of the President of the Russian Federation.” The author monitors the dynamics of formation and manifoldness of instructions of the President of the Russian Federation. The paper highlights some terms and definitions that are new for the constitutional level, some of which can be considered as goals in the development of public and state life. The paper formulates author’s assessments and conclusions, author’s opinion concerning the ongoing transformations of the Constitution of Russia and, at the same time, it is proposed to continue scientific discussions devoted to the implementation of the proposed constitutional novellas.
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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.
14
Verlaine, Michel, Anna Shashkova, and Ekaterina Kudryashova. "Amendments to Russian Constitution and International Institutions Decisions: EAEU Prospective." Полис. Политические исследования, no. 5 (2020): 164–76. http://dx.doi.org/10.17976/jpps/2020.05.12.
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The constitutional reforms in Russia are amongst the most significant news for Russia’s partners in international relations. The configuration of international law and Russian domestic legal order falls within the scope of the constitutional changes of 2020, and there is no chance that this change will be abandoned by the legislator. This particular amendment was not actively commented on during the nationwide discussion on the constitutional reform; it drew mostly experts’ attention. The article alleges that the constitutional amendment restricting the applicability of international case law in Russia is both a transient response to the instant political tension around Russia, and a formalization of the positivistic trend well established in domestic judicial practice. The positivistic trend is part of the process shaping Russia’s own approach to international law. The prospective amendment concerning international case law in the Constitution of the Russian Federation will not hinder the rules expressly stated in the treaties of the EAEU. However, the resolutions of the EAEU’s structures and institutions, including the case law of the Court of the EAEU, are likely to be scrutinized in a defensive way by Russian Constitutional court in situations extraordinary for the Russian State, ensuring their conformity with the unquestionable and unconditional supremacy of the Russian Constitution.
15
Zotééva, Anna, and Martin Kragh. "From Constitutional Identity to the Identity of the Constitution." Communist and Post-Communist Studies 54, no. 1-2 (March 2021): 176–95. http://dx.doi.org/10.1525/j.postcomstud.2021.54.1-2.176.
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In recent years, leading members of Russia’s Constitutional Court have adapted the concept of constitutional identity to the Russian legal context, to explain and legitimize the country’s authoritarian turn under President Vladimir Putin. This development reflects a broader trend in international politics, where populist and anti-democratic leaders seek to identify “national characteristics” that can be translated into law and legal practices on the domestic as well as international level, in order to deny or restrict certain basic principles such as the rule of law and/or human rights. In Russia, several officials and policy makers, among them Chief Justice of the Constitutional Court Valery Zorkin (2018), have contributed to this discussion. We argue that a constitutional identity discourse has been used by Russian courts to explain the specific relationship between the Russian state and international law on the one hand, and on the other the relationship between the Russian state and its subjects. We place this debate in its wider legal and political context and highlight how it conforms with the amendments to the Russian constitution introduced in spring 2020.
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Dudko, I. G. "Modern Concepts in Russian Constitutional Law." Actual Problems of Russian Law 15, no. 3 (April 9, 2020): 35–46. http://dx.doi.org/10.17803/1994-1471.2020.112.3.035-046.
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The change of the scientific paradigm in Russian jurisprudence is accompanied by the affirmation of pluralism in a legal science. The paper has highlighted that the modern Russian constitutional theory seeks to express itself in the problems of ontological and axiological foundations, claiming to form an integral ”constitutional philosophy.”Constitutional axiology represents one of the most significant concepts of constitutionalism. Constitutional axiology is built as a field of scientific reflection (the nature, content, system of constitutional values). From these standpoints, the author provides for the assessment of law-enforcement carried out by the body of constitutional justice. The paper recognizes the high importance of research of constitutional law from the axiological point of view.The author has concluded that constitutional values as a reflection and expression of the “charter” of the life of the society (“protoconstitutional”) represent objectivated systemic totality functioning as the ultimate goal of constitutional development. Constitutional values represent concepts that must correspond to the social and spiritual environment of the society and the purpose of the State.The paper critically assesses the concept of a “living constitution” in its Russian interpretation as the constitutional and appraisal activity of the Constitutional Court of the Russian Federation with regard to “generation” of constitutional values. It is noted that the result of the work of the Constitutional Court of the Russian Federation expressed in its legal determinations, can not represent other (“generated” by it) constitutional values except those contained in the Constitution of the Russian Federation. “Transformation” of the content and legal attitudes and meanings of the Constitution, constitutional values without changing the text of the Constitution may lead to “distortions” of the essence of the Constitution and intent for the Constitution to be an act with the highest legal force.
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Smirnova, Maria, and Chris Thornhill. "A Sociological Approach to the Russian Constitution." Comparative Sociology 15, no. 6 (November 23, 2016): 747–93. http://dx.doi.org/10.1163/15691330-12341411.
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This article promotes a distinctive sociological interpretation of the Russian Constitution. Much literature on Russian constitutional law is defined by the claim that the Constitution has little factual reality and limited foundation in society. This article challenges this view on two grounds. It argues that there are two deep-lying social processes that underlie the Constitution, and condition its evolution: the Constitution is shaped (a) by the importance of constitutional law for the stabilization of governance structures; (b) by the resultant relative autonomy of judicial practices, which means that legal exchanges (especially litigation) have formative impact on the constitutional order. On both grounds, the Russian Constitution is locked into cycles of societal norm construction. To understand the sociological linkages in which the constitution is located, we require a complex construction of society, and we need to observe how different practices within the legal system affect and even produce constitutional laws.
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Anvarovna, Valeeva Guzel, Larionova Anastasiya Nikolaevna, and Lipinsky Dmitry Anatolyevich. "On resolution priority by Russian Federation constitutional court over interstate body decisions for the protection of human rights and freedoms." Laplage em Revista 6, Extra-A (December 14, 2020): 52–56. http://dx.doi.org/10.24115/s2446-622020206extra-a555p.52-56.
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This article examines the priority of Russian Federation Constitutional Court decisions over the decisions of interstate bodies for the protection of human rights and freedoms. Since the international treaty, the legal positions of the ECHR do not abolish the supremacy of the Constitution for the Russian legal system, the decisions of the ECHR are subject to implementation within this system only on condition that the supreme legal force of the RF Constitution is recognized. If the ECHR interprets the 1950 Convention as contrary to the RF Constitution, then in this regard, Russia refuses to follow literally the ruling of the ECHR. In conclusion, the authors note that the Constitutional Court of the Russian Federation ruled that it would decide the issue of the ECHR decision execution in each case individually but considering the recognition of the RF Constitution supremacy.
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Adygezalova, Gyul'naz Eldarovna, Marina Mikhailovna Kuryachaya, Ruslan Mukharbekovich Dzidzoev, and Irina Valerevna Shapiro. "Discussing the Political and legal importance of the 2020 Russian Constitutional Reform." Юридические исследования, no. 2 (February 2021): 24–35. http://dx.doi.org/10.25136/2409-7136.2021.2.35076.
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This article provides an overview of the speeches given by the participants of the All-Russian Scientific Practical Conference including international members “2020 Russian Constitutional Reform: political and legal importance” held remotely on December 4, 2020 by the Department of Constitutional and Municipal Law of Kuban State University jointly with the Interregional Association of Constitutionalists of Russia in Krasnodar Krai. The author describes the key provisions of the reports of the Russian and foreign participants, as well as messages received by the organizational committee of the conference. The general conclusions on the conference results are formulated. In the course of discussions were outlined the primary theoretical problems and practical aspects of constitutional legal development, as well as the trends of further improvement of the legislation. Within the framework of the discussion of 2020 constitutional reform, the participants placed emphasis on the peculiarities of modern Russian constitutionalism, its historical and theoretical aspects; questions of social and civil activism, expansion of the constitutional principles of civil society; renewal and transformation of the entire system of legal regulation; enhancement of the social component in the Constitution; consolidation of the unity of public authority; changes in the judicial system, broadening of competence of the Constitutional Court of the Russian Federation; networking of public legal relations; protection of human rights and fundamental freedoms, guarantees of rights and support of particular categories of Russians (minors, compatriots residing outside of Russia, etc.); correlation between the norms of international and national law. A number of participants gave attention to voting on the amendments to the Constitution of the Russian Federation.
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Safina, Svetlana B. "Development of Constitutional Laws of Republics in the Post-Soviet Period." Legal education and science 4 (May 10, 2018): 38–42. http://dx.doi.org/10.18572/1813-1190-2018-4-38-42.
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Purpose. Development analysis republic constitutional legislation in the Russian Federation, as well as special aspects of the structure and the content of the republic constitution in the post-Soviet period. Methodology: dialectical method, analysis and synthesis method, rather-legal method, technical legal method. Conclusions. In 1990s the great influence on the republic constitutional legislation has been made by adoption of the state sovereignty declaration and execution of an agreement with the Russian Federation delineation of jurisdiction and mutual power delegation. With regard to that by 2000 republic constitutions have been contained the great number of regulations contravene of federal constitution, hereinafter they have been corrected on the basis of the Russian Federation constitutional court decisions. Meantime the republic constitutional legislation characterizes constitutionality of the Russian Federation, reasonable variety and stability. Scientific and practical significance. There have been found out the main stages of the republic constitutional legislation development. There also have been specified the key facts that were influenced on the republic constitutional legislation content. And the development from the stages of formation to present day has been presented.
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Kalinichenko, Paul, and Dimitry Vladimirovich Kochenov. "Amendments to the 1993 Constitution of the Russian Federation Concerning International Law (2020)." International Legal Materials 60, no. 2 (March 18, 2021): 341–46. http://dx.doi.org/10.1017/ilm.2021.10.
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The Russian Constitution was adopted by a referendum on December 12, 1993. It was inspired by Western constitutional traditions and internationally recognised democratic and human rights values. The Constitution established three core features of the Russian constitutional order, all breaking with the Soviet past: •The Constitutional provisions on the foundations of the constitutional system, the protection of human rights, and constitutional review are unchangeable and cannot be amended, except via the summoning of a new Constitutional Assembly/national referendum (art. 135).•The Constitution established a strongly monist approach to international law, integrating it into the Russian legal order and giving priority to duly ratified international treaties and agreements to override conflicting domestic laws (art. 15(4)).•The Russian Constitutional Court enjoys exclusive competence to interpret the Constitution via binding precedents.
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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 (December 15, 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 establishing the uniform budget and tax systems directly, and any model of intergovernmental relations might comply with the Russian Constitution. Uniformity of economic area does not imply uniformity in taxation and budgeting in the sense of sameness. Study of foreign practices shows different approaches to the understanding of uniformity in economy, and in taxation and budgeting. The contemporary Russian public finance law is formed under the influence of the Constitutional Court’s legal positions, and the process of centralization is still evolving. The Russian history of intergovernmental relations (1991–1997) shows another model of fiscal federalism – the decentralized federalism. Replacement of the fiscal federalism models is determined by the political considerations, not by constitutional requirements.
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Пресняков, Михаил, and Mikhail Pryesnyakov. "Equal to the Constitution: the Sources of Law of Highest Legal Force in the Russian Federation." Journal of Russian Law 4, no. 8 (August 8, 2016): 0. http://dx.doi.org/10.12737/20906.
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In article the question of validity of the Constitution of the Russian Federation and some other sources of the right which can also possess the highest validity is considered. In particular the author comes to a conclusion that legal positions of the Constitutional Court of the Russian Federation possess the highest validity and in total with the constitutional provisions represent the actual Constitution. On the other hand, both laws on amendments to the Constitution, and the universally recognized norms of international law on the validity stand below constitutional precepts of law. Acts of the Constitutional Assembly of the Russian Federation may in future be qualified as having the highest judicial effect. Such acts may abolish or change any provision of the present Constitution. At the same time the universally recognized norms of international law and the laws of the Russian Federation regulating amendments to the Constitution of the Russian Federation as independent juridical acts and sources of constitutional law are inferior as compared with the constitutional legal norms.
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Rozhkova, Daria Dmitrievna. "Constitution of the Russian Federation within the system of sources of judicial administrative and procedure law." Административное и муниципальное право, no. 6 (June 2020): 31–38. http://dx.doi.org/10.7256/2454-0595.2020.6.33587.
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This article explores the question of sources of judicial administrative procedure law of the Russian Federation. Attention is turned to the special role of the Constitution of the Russian Federation among other sources of this branch of law, since its provisions are basic for the development of judicial administrative procedure in modern Russia. Emphasis is made on the Chapters 2, 3 and 7 of the Constitution of the Russian Federation, the prescriptions of which develop in the Code of Administrative Procedure of the Russian Federation. From the administrative and procedural perspective, the author analyzes the results of the constitutional reform of 2020, which put to the forefront the question on the Constitution as primary source of the Russian public law. The main conclusion the conducted research consists in specification of thesis on the Constitution as a source of judicial administrative procedure law in the provision that the constitutional text views administrative proceedings as equal and sovereign form of legal proceedings alongside other forms, the essence of which lies in hearing administrative cases. At the same time, the Constitution employs the term “administrative procedure legislation” that implies a set of normative legal acts, which serve as the basis for the activity of judicial authorities with regards to hearing administrative cases. The author gives positive assessment to the results of the constitutional reform of 2020, although notice that certain proposals made by the representatives of public legal science were unimplemented by the legislators.
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Mäger, Kerttu. "Enforcing the Judgments of the ECtHR in Russia in Light of the Amendments to the Law on the Constitutional Court." Juridica International 24 (October 9, 2016): 14. http://dx.doi.org/10.12697/ji.2016.24.02.
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The paper was written to analyse the enforceability of the judgements of the European Court of Human Rights in Russia, particularly in light of recent amendments to the Law on the Constitutional Court and relevant case law of the Constitutional Court of Russia. Article 46 of the European Convention on Human Rights, obliging member states to execute the judgements of the European Court of Human Rights, does not leave room for ‘cherry-picking’ in enforcing the judgements. However, the Constitutional Court has suggested that Russian authorities should indeed engage in cherry-picking and may refuse to enforce judgements that are not in accordance with the Russian Constitution as interpreted by the Constitutional Court. In December 2015, the Russian parliament amended the Law on the Constitutional Court so as to empower said court to declare judgements of the European Court of Human Rights unenforceable when implementation would be in conflict with the Constitution of Russia. The paper discusses the background of these developments and alternatives for overcoming the conflict between domestic legislation and the instruments of the Council of Europe.
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Dolidze, Timur Yu. "On the Legal Position of the Constitutional Court of the Russian Federation on Criteria of “Professional” Legal Assistance in Litigation." Russian judge 11 (November 19, 2020): 32–37. http://dx.doi.org/10.18572/1812-3791-2020-11-32-37.
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The article is devoted to a critical analysis of the legal position of the Constitutional Court of the Russian Federation, taken by him in the case of verifying the constitutionality of part four of Article 47 of the RSFSR Code of Criminal Procedure in connection with complaints by citizens B.V. Antipov, R.L. Gitis and S.V. Abramov (issued in 1997) in relation to the situation in modern Russia and the current procedural law. Using this methodology allows us to formulate a number of generalizations and conclusions, actualizing the discussion of 1997 today. Monopolization by the advocacy of the legal services market for the protection of criminal suspects and defendants has developed in Soviet Russia and, ultimately, has become established in modern society. This happened contrary to the intentions of the developers of the 1993 Constitution of the Russian Federation at the behest of the legislator, and the Constitutional Court of the Russian Federation did not dare to block this will with reference to the Constitution of the Russian Federation. One of the reasons for this state of the legal system is the uncertainty of the wording of Art. 48 of the Constitution of the Russian Federation, which in fact provided the legislator with excessively wide discretion.
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Aronov, D. V., and S. K. Zhilyaeva. "Was A. I. Guchkov’s Constitution a Right-Liberal Draft of the Basic Law of Russian Empire or a Party Program?" Bulletin of Kemerovo State University 21, no. 4 (December 31, 2019): 890–97. http://dx.doi.org/10.21603/2078-8975-2019-21-4-890-897.
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The article analyzes the political and legal nature of "The Draft Constitution of the Russian Empire" stored in A. I. Guchkov’s personal archive. A. I. Guchkov was the founder and leader of "The Union of October 17", a political party formed in the early twentieth century Russia. Russian historical and legal science considers these materials as a draft Constitution drawn by the representatives of the right wing of Russian liberalism. We conducted a comparative analysis of Guchkov’s Constitution and the versions of "The Union of October 17" political party programs. The Constitution proved almost identical with the texts of two versions of the party program. The draft could fill the intermediate place in a series of different versions of the party program. The party programs were successively adopted by the first and second party Congresses and the Moscow Central Committee. Therefore, it is necessary to refer the document not to the constitutional projects, but to the legal and political materials of "The Union of October 17". Thus, the right wing of the liberal forces had no independent constitutional project.
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Zainutdinov, D. R., and A. G. Gataullin. "«The Constitution of Karel Kramář»: A Draft of Presidential Republic for Russia." Actual Problems of Russian Law 15, no. 12 (December 30, 2020): 11–22. http://dx.doi.org/10.17803/1994-1471.2020.121.12.011-022.
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Abstract. The paper is devoted to the examination of the possibility of establishing a presidential republic in Russia after 1917. The authors have investigated the legal stance of the conservative-liberal and liberal-democratic camps in relation to the applicability of the American constitutional model for the organization of the highest executive power. The main part of the study is devoted to the analysis of the draft “Constitution of the Russian State” compiled by the Czech statesman Karel Kramář. The paper has examined the rules of the “Constitution of the Russian State” devoted to the legal status and powers of the Head of State. The study methodology includes such general scientific methods as analysis, comparison, techniques of logic, etc. Private legal methods allowed the authors to reveal and explain the meaning of the “Constitution of the Russian State” (the method of legal hermeneutics), as well as to compare the legal categories and institutions Karel Kramář used to form a presidential republic in Russia (the comparative-legal method). The authors conclude that the draft “Constitution of the Russian State” became one of the specific reflections of “white” constitutionalism.
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Denisov, Sergej. "Methoden zur Erforschung des Staatsrechts Russlands und anderer Entwicklungsländer." osteuropa recht 66, no. 4 (2020): 516–35. http://dx.doi.org/10.5771/0030-6444-2020-4-516.
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Research Methods used to study Western societies are sometimes not suitable for studying non-Western types of legal systems. The ruling groups of these countries often adopt constitutions that do not regulate public relations, but create a positive image for the state. The language of official law may mislead the researcher. The author suggests using a sociological approach to research the law of Russia and other developing countries. In this case, we focus on the norms that actually regulate social relations. We don't care where they come from. Applying this approach makes it clear that Russia is neither a Republic, nor a democracy, nor a Federation. When studying the legal systems of developing countries, you need to understand what stage of development they are at. The researcher should study the mechanisms for imitating constitutional relations in developing countries and the mechanisms for neutralizing the norms that they enshrine in their Constitution. These approaches should be applied to the analysis of amendments to the Constitution of the Russian Federation proposed by the President of the Russian Federation in 2020.
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Kuryachaya, Marina Mikhailovna, Kristina Yu Polyakova, and Larisa Kudryavtseva. "Development of constitutional and legal regulation of the political system in Russia." Laplage em Revista 7, no. 2 (June 15, 2021): 655–61. http://dx.doi.org/10.24115/s2446-6220202172966p.655-661.
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This article is devoted to the study of the formation and modern constitutional consolidation of the system of public power in the Russian Federation as a reflection of the existing political system. According to the authors, the constitutional reform-2020 in Russia consolidated the existing position in the organization of power in the Russian Federation, however, the norms of the Constitution of the Russian Federation in this area need both further implementation in legislation and improvement in the next cycle of constitutional reform.
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Kravets, I. A. "Constitutional Symbolism, Modernization of the Constitution and the Information Society (between Constituent and Information Constitutionalism for Russia)." Lex Russica 1, no. 1 (February 7, 2020): 43–58. http://dx.doi.org/10.17803/1729-5920.2020.158.1.043-058.
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The article discusses constitutional symbolism in the theory and practice of Russian constitutionalism, the problem of constitutional modernization in the context of the Russian state and legal tradition, the nature and legal forms of the constituent power, the constitutional status and the generative possibilities of the constituent power as constituents. The paper examines scientific approaches to understanding constitutional modernization in contemporary Russian jurisprudence, the meaning of constitutional symbolism and constitution as legal, political and moral communication in modern society. Particular attention is paid to the analysis of the relationship between the constitutional process and the constitutional power from the standpoint of cognitive constitutionalism and historical rationality. The author has determined the problem zones of legal registration and implemetation of powers of the constituent power in the context of the Russian constitutional development. The study has been carried out on the basis of formal-legal, concrete historical and comparative legal methods of analysis, the method of constitutional design and legal hermeneutics. The author suggests the following conclusions: 1) It is necessary to rethink the range of subjects of the right to amend and revise the Constitution in the Russian constitutional law that reflects the constitutional tradition (in comparative and historical contexts) outlined in 18th-19th centuries rather than modern capabilities of the information society and e-government (e-ruling); 2) The importance and efficiency of democratic involvement increases and requires revision of the thesis that the head of state (in the history of Russia — the monarch, emperor, president) is the only authoritative and constitutionally significant “guardian” of the Constitution rigidity and the main political and legal route of its transformation and change; 3) Legal formalization and use of legal procedures of the constitutional will and expression of the will of citizens of the country in the process of elaboration, discussion, adoption and introduction of amendments to the Constitution of the Russian Federation (current), and in the future amount to the development and adoption of the draft new Constitution of the country; 4) In the context of Russia’s intent to join the 4th Industrial Revolution and the development of institutions of information society (including in the field of electoral procedures and the formation of information and digital constitutionalism), it is necessary to create a constitutional sector of the Internet supported by the State at the federal and regional levels for the use of information technologies and institutions of digital constitutionalism in the process of determining citizens’ opinion on opportunities, prospects, content of amendments to the Constitution of the Russian Federation, their nation-wide discussion in the Internat.
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Osetrov, S. A. "Constitutional amendment 2020: from legal technique to legal meaning." Juridical Journal of Samara University 7, no. 1 (July 7, 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 amendments to the current legislation. Besides, in the article attention is paid to the need of rethinking of certain being formed legal positions of the Constitutional Court of Russia in the context of changing powers of public authorities. It is marked, that the forming of legal certainty regime is an urgent guarantee of the warning of the constitutional conflicts.
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Mälksoo, Lauri. "International Law and the 2020 Amendments to the Russian Constitution." American Journal of International Law 115, no. 1 (January 2021): 78–93. http://dx.doi.org/10.1017/ajil.2020.87.
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AbstractThis Current Development Essay discusses the international legal implications of constitutional amendments adopted in the Russian Federation by an “all-Russian vote,” a quasi-referendum from June 25 to July 1, 2020. The most important of these amendments gives the Russian Constitution priority over decisions made by international courts and treaty bodies. The amendments also address Russia's state succession to the Soviet Union. Another provision protects Russia's territorial integrity. The Essay discusses the background to these amendments, their content, and their significance for international law.
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Kochetkov, V. V. "Constitutional issues of russian federalism." Russian Journal of Legal Studies 3, no. 2 (June 15, 2016): 112–21. http://dx.doi.org/10.17816/rjls18154.
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This article addresses a problem of the form of government of Russia as a constitutional state. Even in the Russian political and legal thought in the second half of XIX - early XX century, the main debate was between supporters of federalization and the so-called autonomy of certain territories of Russia. The first thought that the Federation allows us to give a legal response to the challenges of nationalism and proletarian internationalism in the Bolshevik version. The latter believed that in the Russian Empire at that time there were no territory of equal size that could exist independently, and therefore to act as full-fledged subjects of the federation. Modern Russia, according to the 1993 Constitution, is a federal state. The concretization of the principles of Russian federalism performed in Chapter 3 of the Constitution in Art. 71, which sets out the objects of the exclusive jurisdiction of the Russian Federation; Art. 72, which lists the subjects of joint jurisdiction of the Russian Federation and the Russian Federation, as well as in art. 73, which establishes that outside the jurisdiction of the Russian Federation and the RF power to the joint jurisdiction of the Russian Federation and the subjects of the RF subjects of the Russian Federation shall possess full state power. However, the economic, social and political differentiation of regions that differ significantly from each other on the living conditions of citizens and labor rise to doubts aboutthe fairness of the existing system. Endowment of most subjects of the federation, and, consequently, their dependence on subsidies of the federal government, leaving no place for the realization of the interests of territorial public collectives living in the Federation. The current system of federal relations in modern Russia is more consistent with the concept of Russian jurists of the early twentieth century of autonomy than with federalism. And accordingly, it generates the same antinomy in the theory and the negative effects in practice. To overcome them must apply to the basic principles of constitutionalism as a form of legal: freedom and justice based on the recognition of equal human dignity. Federalism in a constitutional state is based on the totality of territorial public collectives having legal capacity. Therefore, no joint terms of jurisdiction of the center and subjects of federation in the federal constitutional state under Art. 72 of our Constitution cannot exist, since thereby seriously limit legal capacity of members of the federation.
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Roudik, Peter. "How to Conduct Research in Russian Law." International Journal of Legal Information 28, no. 1 (2000): 143–49. http://dx.doi.org/10.1017/s0731126500008933.
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The basis of the current and future Russian legal system has been determined in the Constitution of 1993, which proclaims Russia to be a democratic federal law-based state with a republican form of government. Like the basic laws of the majority of the other post-communist states, the constitution balances description with prescription. It is a transformational document, which accepts reality while aspiring to something greater. Therefore, discussing the laws of Russia and of the other former Soviet republics (all of which during the last five years adopted new Constitutions), we have to take into account the realities of political life, which may explain many existing difficulties with the implementation of all these laws.
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Uvarov, A. A. "An Expanding Meaning of Presidential Amendments to the Constitution of the Russian Federation." Lex Russica, no. 11 (November 15, 2020): 43–52. http://dx.doi.org/10.17803/1729-5920.2020.168.11.043-052.
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The paper deals with the issues of interconnectedness and the role of constitutional amendments introduced by the President of the Russian Federation to the current Constitution of the Russian Federation on January 20, 2020. In assessing the meaning and content of a great deal of amendments to Chapter 3 of the Constitution of the Russian Federation, the author concludes that they have additional, however, sometimes more important value in the context of the hierarchy of constitutional norms, which is directly related to the chapters of the Constitution that are not subject to any revision. Despite the formal inalterability, the foundations of the constitutional order have in fact as a result of the amendments gained such new provisions as: “the stateconstituing people that is a part of the multinational union of equal peoples of the Russian Federation”; “ban on alienation of a part of the territory of the Russian Federation and calls for such actions”; “non-enforcement of decisions of interstate bodies adopted on the basis of the provisions of international agreements of the Russian Federation in their interpretation contrary to the Constitution of the Russian Federation”; “the state guarantee of minimum wage not less than the minimum living wage of the working population.” The rules governing certain fundamental rights and freedoms of man and citizen (art. 37–39, 44 of the Constitution of the Russian Federation) have been supplemented with new content without being formally altered. Ambivalence of local self-government leading to opposition between local and state authorities, partly resulting from the provision of Article 12 of the Constitution of the Russian Federation concerning the autonomy of local self-government bodies. Their failure to enter the system of public authorities is partially minimized by the provision on their unity in the system of public power. However, many, and at first glance minor, amendments to Chapter 8 of the Constitution of the Russian Federation significantly reduce the potential of power for the local population, turn the constituent rules concerning its powers to the reference rule. The conclusion draws attention to some issues in the activity of the Constitutional Court of the Russian Federation on the implementation of these constitutional amendments.
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Dzidzoev, Ruslan M. "Issues of the Establishment of the Government of the Russian Federation in View of the Constitutional Amendments." State power and local self-government 11 (November 19, 2020): 38–40. http://dx.doi.org/10.18572/1813-1247-2020-11-38-40.
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The article discusses some issues of the formation of the Government of the Russian Federation, appointment of the Prime Minister of the Russian Federation and members of the Government of the Russian Federation, participation in the process of the head of state and Parliament in accordance with constitutional form of government in Russia, there is a relationship between the ways of forming a Government with the constitutional status of this body, its political potential. The article analyzes the latest amendments to the Constitution of Russia regarding the formation of the Government, and formulates relevant scientific and practical recommendations.
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Trusov, Nikolay A. "Renovation of the Constitution of the Russian Federation." Constitutional and municipal law 11 (November 5, 2020): 17–20. http://dx.doi.org/10.18572/1812-3767-2020-11-17-20.
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In the article, the author, starting from the provision of the stabilizing function of the constitution, discusses the Constitutional Reform of 2020, the cornerstone of which was the adoption of the fifth Law of the Russian Federation on the amendment to the Constitution of the Russian Federation “On improving regulation of certain issues of organizing public power” and the publication of its new text, taking into account amendments. The author of the article calls this renovation of the Constitution of the Russian Federation and gives arguments about the signs of renovation of the Constitution. One of the author’s conclusions is that changing the Constitution is an objective and natural process, and the “renovation of the Constitution” that took place in 2020 is not a threat, but a condition for implementing the stabilizing function of the Constitution of the Russian Federation.
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Sazonnikova, Elena V. "The Memory of Defenders of the Fatherland and the Protection of Historical Truth as Constitutional Values." Constitutional and municipal law 10 (October 22, 2020): 29–32. http://dx.doi.org/10.18572/1812-3767-2020-10-29-32.
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The publication was prepared in connection with the adoption in 2020 of amendments to the Constitution of the Russian Federation and the addition of the Constitution of the Russian Federation, Article 67.1. Based on the current legislation in the field of perpetuating the memory of the defenders of the Fatherland and protecting the historical truth in Russia, the article concludes that the memory of the defenders of the Fatherland and the protection of historical truth are the constitutional values of the Russian Federation. Descendants, unlike contemporaries of events, will be able to learn about the distant past only on the basis of those materials that their predecessors will retain. Realizing this, the Russian Federation committed itself to preserving historical information in undistorted form for posterity.
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Partlett, William, and Mikhail Krasnov. "Russia’s Non-Transformative Constitutional Founding." European Constitutional Law Review 15, no. 4 (November 26, 2019): 644–67. http://dx.doi.org/10.1017/s1574019619000403.
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The founding of Russia’s 1993 Constitution undermined its transformative potential – The use of pre-existing Soviet legality during Russia’s 1993 founding period encouraged President Yeltsin to push through a constitution that would ensure presidential dominance over the legislative branch – This presidential centralism has hindered the realisation of the transformative potential of the other parts of the constitution – Any future turn to transformative constitutionalism in Russia will require weakening the power of the Russian presidency – Transformative constitutionalism depends as much on the actual process of constitutional foundation as the text of the constitution
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Boldyrev, Oleg, and Yulia Nenakhova. "Problems of the implementation of social state and the constitutional reform 2020." Population 23, no. 4 (December 19, 2020): 71–82. http://dx.doi.org/10.19181/population.2020.23.4.7.
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The 1993 Constitution of the Russian Federation enshrined the principle of social state, a number of social rights of citizens and other provisions of a social nature. However, according to many researchers, the actual situation, including mass poverty and extreme property differentiation of the population, and the dominant vector of social policy, which is reflected in commercialization and "optimization" of the social sphere, raising the retirement age, strengthening the selective character of social assistance, etc. speak of the dismantling of the welfare state. At the same time, the Constitutional Court of the Russian Federation does not adequately fulfill its function of protecting the Constitution and, in particular, ensuring the constitutional principle of social state and social rights of citizens, does not recognize the legislative norms that normatively formalize such reforms as unconstitutional, sometimes — as in the case of considering the constitutionality of increasing retirement age in 2018 — actually avoiding consideration of the case on the merits. The draft Law on Amendment to the Constitution of the Russian Federation "On Improving Regulation of Certain Issues of Organizing Public Authority", proposed by the President of Russia in the winter of2020, was substantiated, inter alia, by considerations of the development of social state, ensuring the social rights of citizens and the corresponding social obligations of the State. The article shows which of the key social problems could be solved within the framework of the previous version of the Constitution; the question is examined whether their solution requires its changing. It is shown that the Law on Amendment to the Constitution of the Russian Federation adopted in the spring of 2020 does not solve a number of the key social problems in modern Russia, and does not make enough use of foreign experience in constitutional regulation of the social sphere. Based on the experience of other countries, the article proposes a number of norms, the constitutional enshrining of which could to a greater extent ensure implementation of the principle of social state.
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Gorokhova, Svetlana Sergeevna. "On amendments to the Third Chapter of the Constitution of the Russian Federation: what is new?" Право и политика, no. 9 (September 2020): 1–14. http://dx.doi.org/10.7256/2454-0706.2020.9.33400.
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The subject of this research is the novelties in constitutional legislation of the Russian Federation, namely legal provisions that supplemented the main law of the country in 2020. Alongside the renewed constitutional norms, the author analyzed the related articles of the current Russian legislation, as well as separate regulatory provisions of constitutional nature of the foreign countries. The scientific novelty of this work is substantiated by the objective factors associated with recent amendments to legal matter of the Constitution of the Russian Federation of 1993, and thus, practically full absence of scientific legal research on this topic. The author also notes the primary importance of studying the renewed basic constitutional provisions for academic community, as well as the entire Russian society. In conclusion, it is noted that the Third Chapter of the Constitution of the Russian Federation dedicated to federative structure undergone significant changes. Despite the fact that there are certain questions to revision and location of some newly accepted constitutional norms, the results of the Russian Constitutional Referendum of July 1, 2020 give an overall positive assessment of the new version of the Constitution of the Russian Federation.
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Bobrova, Natalia A. "TWENTY YEARS AND TWENTY DRAWBACKS OF THE RUSSIAN CONSTITUTION." Law Enforcement Review 4, no. 1 (May 25, 2020): 21–28. http://dx.doi.org/10.24147/2542-1514.2020.4(1).21-28.
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The subject of the research is the legal norms of the current Constitution of the Russian Federation. The work analyzes the chapters of Constitution, identifies the main shortcomings of the existing norms that do not correspond to modern reality and puts forward proposals for their change.
The purpose of the study is to confirm or disprove the hypothesis that changes to the Constitution of the Russian Federation are inevitable due to the presence of defects in it that cannot be eliminated in any other way.
The methodological basis of the research is a set of general scientific methods of knowledge and special scientific techniques and methods developed in law, including: logical method, comparative legal analysis, system method and formal legal analysis.
The main results and scope of their application. The problems that critically affect the stable development of our society and state and its success were formulated. Among these problems are: the absence in the Constitution of the institute of parliamentary control over the executive authorities; the rise of the institution of the President of the Russian Federation over the three branches of government; the unequal status of constituent entities of the Russian Federation; the absence in the Constitution of the concepts "public property" or "national heritage". A significant part of these problems is related to the text of the current Constitution of the Russian Federation. In this regard, the author notes that the current Constitution of the Russian Federation has many defects. The author points out 20 drawbacks of the current Constitution of Russia which make the authorities imitate the principles of democracy and people's power in the actual political practice and substantiates the conclusion on the necessity of the constitutional reform.
Conclusions. Revision of the Constitution of the Russian Federation is inevitable, since the Basic Law of the country is not devoid of shortcomings that require correction and legisla-tive changes.
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Malofeev, Konstantin V. "The Institution of Revision of the Constitution of the Russian Federation in the System of the Constitutional Law Branch." Constitutional and municipal law 12 (December 24, 2020): 41–46. http://dx.doi.org/10.18572/1812-3767-2020-12-41-46.
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The article considers the issue of the place of the institution of the revision of the Constitution of the Russian Federation in the system of the constitutional law industry. In the absence of a special federal constitutional law on the Constitutional Assembly of the Russian Federation, the institutionalization of the revision of the Constitution is a difficult but urgent task.
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Kirichek, Evgeniy Vladimirovich, Eduard Anatolievich Kononov, and Golib Nurullo Kodirzoda. "The constitution of the Russian Federation and constitutional identity in the context of global changes." SHS Web of Conferences 108 (2021): 01003. http://dx.doi.org/10.1051/shsconf/202110801003.
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Today we are witnesses and participants in a historic event that is very important for Russia – preparation and adoption of amendments to the Constitution of the Russian Federation, reflecting both a legal identity and a vast long-term experience of the constitutional development of the Russian state with due consideration to the opinion of various strata of the population and extensive public discussion. Goal of the research is to show a special role of the Constitution of the Russian Federation from the position of its supremacy in combination with the doctrine of constitutional identity, which is essentially a trend of modern globalization processes, based on the analysis of doctrinal and practical issues, laws and regulations, decisions of the Constitutional Court of the Russian Federation, the European Court of Human Rights, and statistical data. The methodological basis of the research consists in the application of both general scientific and special methods developed in jurisprudence. During the research, the following methods of scientific knowledge played a special role: dialectical, historical, comparative law, statistical, logical, etc. A number of conclusions were drawn concerning, on the one hand, the development of a legal potential of the Constitution of the Russian Federation being a determining vector in preventing socio-political destabilization, and on the other hand, constitutional identity, in the broadest sense shown in the desire to know and formulate the own national, religious and other identities, to follow traditional family values, etc., and at the state level – prevention of violation of territorial integrity, state sovereignty, acknowledgement of constitutional and legal identity of the state.
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Goncharov, Vitaly Viktorovich, Tatiana N. Mikhaleva, Grigory A. Vasilevich, Evgeny Sergeevich Streltsov, Aleksandra Alekseevna Milkova, and Jacek Zalesny. "Russian legislation on public control." LAPLAGE EM REVISTA 7, no. 1 (January 4, 2021): 374–82. http://dx.doi.org/10.24115/s2446-6220202171741p.374-382.
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This article is devoted to constitutional legal analysis of international legal bases of the legislation of the Russian Federation on public control. The work substantiates the position that to understand the constitutional legal mechanism of public control in Russia it is necessary to study the international legal framework of control of civil society over public authority in connection with the implementation of generally recognized principles and norms of international law in the legal system of the Russian Federation as a priority the rules of the legal regulation under Part 4 of Article 15 of the Constitution.
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Lapaeva, Angelina V. "The concept of the ideal form of the Russian state: problems and prospects." Current Issues of the State and Law, no. 18 (2021): 226–34. http://dx.doi.org/10.20310/2587-9340-2021-5-18-226-234.
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We present the search for an optimal model of the Russian state through the prism of idealism. We doctrinally justify that the ideal form of the state is a construction that can be created theoretically and that can be approached, as it is gradually developed. In the modern sense, the ideal of state is already expressed in the Constitution of the Russian Federation – it is a democratic, legal, social state. We establish that the political and legal reform carried out in Russia has shown that the effectiveness of the country’s development depends on the importance of constitutional norms, the renewed role of the state, and the assertion and protection of human and civil rights and freedoms. We propose arguments indicating that modern Russia can be con-sidered a mixed (parliamentary-presidential) republic, an asymmetric and constitutional federation with a national-territorial character and democratic political regime. We investigate two main approaches to the definition of the ideal form of the state in modern Russia: firstly, a limited monarchy, a fed-eration with democracy elements (based on the historical and cultural fea-tures of the development of the state), and secondly, the existing and pro-claimed form of the state in the Constitution of the Russian Federation is considered, with an amendment to the challenges of the time. We conclude that the modern development of Russia, taking into account international standards, should move in the direction of the ideals already proclaimed in the Constitution of the Russian Federation with a mandatory focus on cul-tural, traditional and historical features of development.
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Popov, Alexander A. "IMPLEMENTATION OF THE CONSTITUTIONAL RIGHT OF PEOPLES TO ETHNO-CULTURAL IDENTITY IN THE MULTI-ETHNIC REGION (on the materials of the Komi Republic)." Historical Search 1, no. 4 (December 25, 2020): 77–83. http://dx.doi.org/10.47026/2712-9454-2020-1-4-77-83.
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The article analyzes the process of enforcing the peoples’ constitutional right to ethno-cultural identity, which is especially relevant in the conditions of multinationality and polyethnicity of the Russian Federation. The Constitution of our country guarantees the ethno-cultural development of the peoples of Russia. The choice of the study region is due to the fact that the Komi Republic is one of the most multi-ethnic national-territorial entities within the Russian Federation. The norms of the Constitution of the Russian Federation and the Constitution of the Komi Republic in the field of national life are successfully implemented in practice. The diverse national life of the Komi Republic, as a historically formed multi-ethnic community, found its direct reflection in 12 out of 103 articles of the Komi Republic Constitution that is currently in force. The constitutional norms analyzed in the study have been successfully working and implemented in the diverse national life of the Republic for a quarter of a century. The region has created a developed infrastructure in the field of interethnic and inter-confessional relations. At the expense of the republican budget, subsidies are allocated to support the activities of social movements and national-cultural autonomies. The state language policy is aimed at cultivating the traditional values of the Russian language, of the native languages of the peoples living in the Republic. Based on the Constitution of the Russian Federation, the model of state national policy is aimed at serving the peoples’ interests in a multinational region in its composition. Thus, the main importance of this model is that it enables the authentic culture of Komi people to develop; it is aimed at meeting ethno-cultural needs and the needs of other nationalities, as well as contributes to the formation of an All-Russian civil identity.
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Jilkin, V. A. "Historical Aspect and Prerequisites for Amending the Constitution of the RF." Russian Journal of Legal Studies 4, no. 3 (September 15, 2017): 202–7. http://dx.doi.org/10.17816/rjls18317.
Full textAbstract:
The following article examines aspects of the United States Agency for International Collaboration (USAID) programs influence in the rule of law field, started in the USSR during the early 90s. USAID-funded Rule of Law implementers helped draft the Russian Constitution, Part I of the Russian Civil Code, and the Russian Tax Code. The American Bar Association of the USA took an active part in changing Russian legislation since 1992, which was also funded by the USAID. The Constitution of 1993 included a provision on the priority of international law over national legislation. This provision was also included in Article 1 of the Criminal Code and in Article 1 of the Russian Code of Criminal Procedure. The article also deals with an enshrined supremacy of the Constitution found in the US Constitution and that of the European countries. For example, if there is a conflict between constitutional provisions and an international treaty, priority is given to the Constitution. Not all states recognize certain norms and implement them, just as legal practice is not always identical. Attempts to introduce alien values, ideologies, cultures and traditions, all the more with the help of international law, pose a threat to the democratic foundations of the Constitution as a legal act that has the highest legal force in the legal system of the state. The author suggests that the text of the Constitution of the Russian Federation would see the provision removed, according to which international law forms an integral part of the legal system of the Russian Federation. Amendments to the Constitution of the Russian Federation will strengthen Russia’s independence in the sphere of law, bringing back the best traditions of the functioning state authorities and judicial bodies, which should correspond to the current development of Russian society. Keywords: international law, constitutional law, the rule of law, double standards, human rights.
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Kostyukov, A. "Quarter-century anniversary of the Russian Constitution." Law Enforcement Review 2, no. 3 (December 25, 2018): 5–18. http://dx.doi.org/10.24147/2542-1514.2018.2(3).5-18.
Full textAbstract:
The subject of the paper is the constitutional development of Russia till 1990s up to 2018.The purpose of the paper is to identify the main trends in development of Russian consti-tutional legislation.The methodology of the research includes the formal legal analysis of Russian federal laws and their comparison with the decisions of Russian Constitutional Court.The main results and scope of their application. The author gives the legal assessment to main novelties in Russian constitutional legislation: an increase of the term of office of the President of the Russian Federation and the State Duma of the Russian Federation, the in-troduction of the annual reports by the Government of the Russian Federation to the State Duma of the Russian Federation on the results of their activities, the merger of the Supreme and Supreme Arbitration Courts of the Russian Federation, the strengthening of the posi-tions of the President of the Russian Federation when appointing prosecutors, judges, members of the Federation Council, officials of subjects of the Russian Federation, central-ization of local self-government. The identified trends may be used in future research of Russian constitutional legal order.The author comes to the conclusion that there is a need for strong state power in the con-ditions of reforming economic, social and state-legal institutions in Russia. The movement towards centralization and strengthening of the power vertical is a historically necessary and justified measure. It will be possible to implement decentralization and reduction of the regulatory functions of the state after the successful modernization of economic and social state and legal institutions.