Public and Individual Interests in Electoral Rights of Russia: Legal Positions of the Constitutional Court of the Russian Federation

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Андрей Макарцев ◽  
Andrey Makartsev
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Constitutional Court ◽  
Public Interests ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The One ◽  
Definition Of ◽  
The Individual ◽  
The Given

This article presents the analysis of decisions of the Constitutional Court of the Russian Federation on electoral rights, upon which the hierarchy of the individual and public interests that are realized in electoral relations rests. The author concludes that the balance of interests established by the Constitutional Court of the Russian Federation is not of a permanent nature. The form of expression and the content of coordination of interests of individuals and society can change depending bodies of constitutional justice to definition of a framework of the adjustable public relations. In case of discrepancy of interests of the state, society and individuals expediency of satisfaction and relevance of their implementation can differ depending on the given circumstances. The hierarchy of individual and public interests built by the Constitutional Court of the Russian Federation, on the one hand, is directed to guarantee subjective electoral rights and, on the other hand, to provide stability of the existing political system in Russia, reproduction and functioning of institutes of power. The absence of the official doctrine which would provide that public interests in the electoral relations represent themselves, complicates the mechanism of their realization, and reduces the opportunity given to subjects of legal relationship by the law to use certain social benefits.

scholarly journals Proportionality as a constitutional principle of limiting human and civil rights and freedoms in the Russian Federation

2021 ◽  
Vol 21 (1) ◽  
pp. 83-91
Author(s):  
Alexander A. Podmarеv ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
Constitutional Court ◽  
Public Interests ◽  
Constitutional Principle ◽  
The Russian Federation ◽  
Principle Of Proportionality ◽  
The One ◽  
Restrictive Measures

Introduction. The 1993 Constitution of the Russian Federation allows for the possibility of restricting rights and freedoms of individuals and establishes imperative conditions (principles) for the introduction and operation of these restrictions. One of these constitutional principles is the principle of proportionality: the rights and freedoms of a person and a citizen can be limited only to the extent necessary to achieve the goals specified in part 3 of Article 55. Theoretical analysis. The principle of proportionality of restrictions to certain goals is currently declared by the constitutions of many states, and is also part of the international legal criteria for restrictions on human rights. Some conceptual issues of the content of the constitutional principle of proportionality are resolved by the Constitutional Court of Russia. In its most general form, the principle of proportionality means that: the measures (means) used to restrict rights and freedoms must be conditioned by constitutional goals; restrictive measures (means) should not be greater than necessary; restrictive measures (means) should not lead to disproportionate, excessive restrictions. Empirical analysis. The analysis of the decisions of the Constitutional Court of Russia shows that in each specific case, the Court determines the necessary measure to restrict a particular right (freedom), comparing, weighing the constitutionally recognized values (on the one hand, the rights of a certain person, on the other, the rights of other persons, the interests of the state, public interests), as well as assessing the adequacy of the legal means used to achieve any constitutionally established goal (s) of restriction. The conclusions reached by the Court regarding the proportionality or disproportion (excess) of the restriction of this or that right are binding not only for the legislator, but also in some cases for the law enforcement officer. Results. It is concluded that the implementation of the constitutional principle of proportionality of restrictions in lawmaking and law enforcement means that when establishing and applying restrictions on rights and freedoms to achieve a certain constitutional goal (goals), exclusively necessary measures (means) must be provided and used in this situation. The principle of proportionality of restrictions is one of the criteria for assessing the constitutionality of the restriction of any right or freedom, as well as one of the guarantees against arbitrary (unreasonable, excessive, unconstitutional) restrictions, since it presupposes the existence of certain boundaries (limits, frameworks, conditions) of lawmaking and law enforcement.

scholarly journals TO THE QUESTION ABOUT THE CONCEPT «PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS»

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 89-93
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Procedural Costs ◽  
The Russian Federation ◽  
Definition Of ◽  
Article 5

The article is devoted to the issues of formulating the definition of such a criminal procedural concept as «procedural costs». Emphasizing the importance both for science and for law enforcement of clarity and clarity when formulating the definition of criminal procedural concepts, the authors point out that the formulation of this concept present in the current Criminal Procedure Code of the Russian Federation is far from being improved. Having studied the opinions on this issue of the Constitutional Court of the Russian Federation, a number of procedural scholars, the authors propose their own version of the definition of the concept of «criminal procedural costs» with its allocation in a separate paragraph of Article 5 of the Criminal Procedure Code of the Russian Federation.

scholarly journals Unrestricted (absolute) rights and freedoms of man and citizen in the Constitution of the Russian Federation of 1993 and international acts

2019 ◽  
Vol 2019 (4) ◽  
pp. 69-75
Author(s):  
Aleksandr Podmarev
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Religious Affiliation ◽  
International Standards ◽  
Constitutional Court ◽  
Federal Law ◽  
The Russian Federation ◽  
The Individual

The 1993 Constitution of the Russian Federation as one of the principles of the legal status of an individual establishes the possibility of restricting human and civil rights and freedoms, while also providing for the necessary conditions for imposing such restrictions (the existence of a constitutional goal of restriction; setting restrictions only by federal law; proportionality; compliance with international standards of restrictions; prohibition restrictions on rights based on social, racial, national, linguistic or religious affiliation). The need for the existence of restrictions on the rights and freedoms of the individual is due to various reasons: the protection of the foundations of the constitutional order, the rights and freedoms of other persons, and the interests of the state. However, certain human rights and freedoms cannot be restricted under any circumstances; this so-called absolute rights and freedoms. But neither national legislation nor international law contain a precisely defined list of absolute rights and freedoms. The aim of the article is to identify in the Constitution of the Russian Federation of 1993 and in international acts unrestricted (absolute) rights and freedoms of a person and citizen. The relevance of the research topic for the Russian constitutional legal science is due to the fact that certainty in the understanding of the list of unrestricted rights and freedoms is necessary for the improvement of lawmaking and law enforcement activities. The article examines the provisions of the Constitution of Russia, the main international legal acts on human rights, the legal positions of the Constitutional Court of the Russian Federation.

scholarly journals DEFINITION OF MASS RIOTS IN RUSSIAN CRIMINAL LAWS

2020 ◽  
pp. 32-41
Author(s):  
Sergey A. Eliseev ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Code ◽  
Single Person ◽  
Generic Term ◽  
Russian Federa Tion ◽  
The Russian Federation ◽  
Criminal Protection ◽  
Definition Of ◽  
Objective Aspect

The chapter 24 of the Criminal Code of the Russian Federation is devoted to crimes against public security. Articles of this chapter represent enough effectual instruments of criminal protection of public interests and protection of a person as well. However, studying of some articles of the chapter 24 of the Criminal Code and practice of its applying show the necessity to improve prohibitions, provided by it. For example, article 212 of the Criminal Code of the Russian Federation, despite verbalism, doesn’t give a strict idea on content of the subject of crime, provided by it. Literal interpreta-tion of the expression “mass disorder, leading with violence, demolition and arson…” allows to confirm, that subject of crime of mass disorder supposes such elements as mass disorder, violence and other actions, provided by p.1 art.212 of the Criminal Code of the Russian Federa-tion, which are followed by mass disorder, completed by them, committed simultaneously. Part 3 of the article 212 of the Criminal Code of the Russian Federation gives the same idea, it provides punishment not only for riotous statements in mass disorder or participation in it, but for calls to violence. But what we should refer to mass disorder, which is a part of objective aspect of a crime along with riotous behavior of a crowd (violence use, arsons, demolition and so on), is anyone’s guess. However, the title of the article, its purpose, content of criminal prohibition suggest that objective aspect of crime “mass disorder” includes one systematic element, which is committing demolition, arsons, violence use towards citizens by a great number of people (by a crowd). It makes sense to improve text of the article 212 of the Criminal Code of the Russian Federation. Within the meaning of crime mentioned in it, emphasis should be turned to aggressive actions of a crowd, because they form public danger of this action. Exactly these actions (violence use , arsons, demolition and so on) are caused damages to public relations, which provide security of life, health, property of a single person or a number of people, activity of state authority and government, functioning of organizations and enterprises. To define the notion of mass disorder it is enough to point out the essence of this action in the Criminal Code of the Russian Federation – the committing of some public dangerous actions by participants of the crowd. It is necessary to eliminate ineffectual stylistically and semantic expression “mass disorder, accompanying …” from the definition. Instead of it we should use a formula: “mass disorder - violence use towards a person, arsons, demolition and damage of property”. It is necessary to abandon repetitions in description of the objective aspect of mass disorder. It is obvious, that the notion “use of weapon” has a lot in common with the notion “provision of armed resistance to public authority” (it is generic term towards the latter); calling to violence towards citizens in context of the article 212 of the Criminal Code of the Russian Federation represent itself call to mass disorder.

scholarly journals Financially-legal regulation of basic public debt management in the conditions of coronavirus pandemic

2021 ◽  
pp. 71-81
Author(s):  
A. B. Byla
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Public Debt ◽  
Legal Regulation ◽  
Debt Management ◽  
Foreign Markets ◽  
Financial Activity ◽  
The Russian Federation ◽  
Public Debt Management ◽  
Definition Of

This article is devoted to the consideration of some issues related to the legal regulation of the main methods of public debt management in Russia in the context of the coronavirus pandemic. In the course of the study, the features of the external and internal debt of the Russian Federation are highlighted, various approaches to the definition of this category are considered, and some aspects of legal regulation in this area are analyzed. It is determined that the norms of financial law regulate a whole and diverse set of public relations related to the implementation of borrowing both in the domestic and foreign markets, and it is necessary to comprehensively regulate this institution. In conclusion, it is concluded that the coronavirus pandemic has greatly affected all aspects of financial activity, the state had to resort to additional borrowing on the domestic market to eliminate the consequences of the pandemic. Based on this, we need a well-thought-out strategy for the development of legislation in this area at all levels of the budget system of the Russian Federation. 

scholarly journals “Constitutionalization”: To the question of the concept

2021 ◽  
Vol 21 (2) ◽  
pp. 188-197
Author(s):  
Inna N. Plotnikova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Order ◽  
Practical Significance ◽  
Constitutional Court ◽  
Target Feature ◽  
European Court ◽  
Legal Term ◽  
Russian State ◽  
The Russian Federation ◽  
Definition Of

Introduction. The legal term of “constitutionalization” is relevant and in demand at the present stage of the constitutional development of the Russian state, as evidenced by the increasing frequency of its use in scientific works. The modern use of the term of “constitutionalization” has many meanings that are not always specified by the authors. In this connection, the definition of the essence and content of this concept has theoretical and practical significance. Theoretical analysis. The author made an attempt to theoretically comprehend the concept of “constitutionalization”, including the lexemes of “constitutionalization of the legal order” and “constitutionalization of the legal system”, based on the analysis of works by foreign and domestic authors, formalized some common essential and substantive attributive features of the phenomenon of “constitutionalization”. Empirical analysis. It is noted that in the Constitution of the Russian Federation, the current Russian legislation, the judicial practice of the Constitutional Court of the Russian Federation, the term of “constitutionalization” has not found its reflection. As for the decisions of the European Court of Human Rights, in some of its decisions this concept is mentioned in connection with the substantiation of the role of the Strasbourg and Luxembourg courts, the influence of their legal positions on the constitutionalization of the European legal order. Results. The author defines constitutionalization as a complex construct, with the acquisition of constitutional meaning by all phenomena and processes of legal reality occurring in society and the state being its attributive-relational, essential, target feature. Based on the etymological, semantic, systemic and structural analysis of this phenomenon, the author presented it as a multi-level, multi-aspect system, identified qualifying features and design features, levels, phases, stages.

scholarly journals PROCEDURE THE IMPLEMENTATION OF THE CONSTITUTIONAL PROCEEDINGS IN THE RUSSIAN FEDERATION AND IN THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Екатерина Ганичева ◽  
Ekaterina Ganicheva
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Former Soviet Union ◽  
Practical Interest ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Public Authorities ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Republic

The article is devoted to the problems of development of legislation which determines the procedure of the constitutional proceedings, the procedural status and terms of participants’ activity in the Russian Federation and in the Republic of Belarus. Constitutional justice is a relatively new Institute in a legal system of Russia and other former Soviet republics. Conditions for its formation in the former Soviet Union have common as well as specific features. The comparison of the place and role of the constitutional court in system of public authorities and the procedural legal regulation of the constitutional justice is of obvious scientific and practical interest now because a clear, systematic regulation is very important for creating the conditions to allow objectively and comprehensively examine and resolve the constitutional conflict. Highlighting the characteristic features of the Federal constitutional law «On the constitutional Court of the Russian Federation» and the Law of the Republic of Belarus «On constitutional proceedings», the author comes to the conclusion about the necessity of development and specifying of the activity of the Constitutional Court of the Russian Federation by improving the using of traditional procedural-legal institutions taking into account the unique status of the highest judicial body of the constitutional control.

scholarly journals Revisiting the notion of “sustainable tourism” for legal regulation purposes in Russian Federation and Republic of Belarus

2020 ◽  
Vol 208 ◽  
pp. 06004
Author(s):  
Vitali Maksimeniuk ◽  
Roza Timakova
Keyword(s):  
Public Relations ◽  
Social Development ◽  
Russian Federation ◽  
Sustainable Tourism ◽  
Legal Regulation ◽  
Sustainable Tourism Development ◽  
Contemporary Issue ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of

The article considers theoretical aspects of a most important contemporary issue, i.e. modern approaches to sustainable tourism. The study shows the main relationships of the phenomenon with sustainable economic and social development. The research results in identification of the essential characteristics (signs) of sustainable tourism, i.e. for the legal regulation purposes. The concept of “sustainable tourism” for deliberate influence of the state on public relations in tourism using special legal means and methods was defined. The conclusions may improve the current regulatory framework of the Russian Federation and the Republic of Belarus. Changes and additions to the national laws on tourism are suggested and justified. They relate to introduction of the definition of the concept of “sustainable tourism” and inclusion of the principle of sustainable tourism development.

scholarly journals Prerequisites for the Formation of the Anti-Corruption Security Theory in the Russian Federation

2021 ◽  
Vol 14 (11) ◽  
pp. 1690-1709
Author(s):  
Irina A. Damm ◽  
Keyword(s):  
Public Relations ◽  
National Security ◽  
Russian Federation ◽  
Integral Condition ◽  
The State ◽  
Security Strategy ◽  
National Security Strategy ◽  
Presidential Decree ◽  
The Russian Federation ◽  
The Individual

Security is one of the basic needs of the individual, society and the state, as well as an integral condition for their development. Corruption is among the threats to the national security of the Russian Federation, as it follows from the National Security Strategy approved by Presidential Decree No. 683 of 31.12.2015. The significant efforts made by the state since the mid‑2000s to form and improve social, legal and organizational mechanisms for combating corruption consistently lead to positive results. At the same time, we have to state that corruption continues to cause irreparable harm to public relations, creates an atmosphere of social tension in society. It is no coincidence that the new National Security Strategy, approved by Presidential Decree No. 400 of 02.07.2021, emphasizes the need of society to strengthen the fight against corruption. The high rates of development of anti-corruption legislation, as well as the institutionalization of anti-corruption structures, have led to the formation of natural intra-system contradictions that hinder the further sustainable development of anti-corruption activities. The emerging trends of stagnation of the anti-corruption system actualize the search for qualitatively new fundamental scientific developments that allow us to reach a new level of intersectoral scientific understanding and development of anti-corruption mechanisms. The current stage of the development of scientific knowledge about the phenomena of corruption and security, as well as the relevant anti-corruption and security systems, allows us to identify sufficient prerequisites for the beginning of the development of the theory of anti-corruption security, which contains methodological approaches to ensuring personal, state and global anti-corruption security

Sign in / Sign up

Export Citation Format

Share Document