Problems of Judicial Protection of Social Rights of Citizens of the Russian Federation

2016 ◽  
Vol 4 (9) ◽  
pp. 0-0
Author(s):  
Людмила Андриченко ◽  
Lyudmila Andrichyenko
Keyword(s):  
Russian Federation ◽  
Social Rights ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
State Compensation ◽  
The Status ◽  
Constitutional Legality ◽  
The Russian Federation ◽  
Judicial Protection

The article defines the methods for the protection of social rights of citizens of the Russian Federation, the most effective of which is recognized to be judicial protection. Primarily, attention is focused on the practices of the Constitutional Court of the Russian Federation with regard to the constitutional norms and principles relating to the protection of social rights of the Russian citizens, including equality, justice, state guarantees of the rights and freedoms of individuals and citizens, state compensation for damages caused by unlawful acts committed by state and municipal authorities acting in their official capacity. The article contains the analysis of the role of constitutional courts of the Russian Federation with regard to the protection of social rights. The decisions thereof do not only allow assess the status of constitutional legality in various regions, but also offer guidance for legislative and law enforcement bodies of state power of subjects of the Russian Federation and local self-government. The author notes that a great number of cases relating to the protection of fundamental social rights in courts of general jurisdiction is indicative of inefficiencies in the field of social rights of citizens.

scholarly journals THE ROLE OF PRACTICE OF CONSTITUTIONAL (CHARTER) COURTS OF CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION IN PROTECTION AND DEVELOPMENT OF SOCIAL RIGHTS OF A MAN AND CITIZEN

2019 ◽  
pp. 60-68 ◽  
Author(s):  
D. A. KOLESNIKOV
Keyword(s):  
Russian Federation ◽  
Federal District ◽  
Social Rights ◽  
Constitutional Courts ◽  
Positive Role ◽  
Judicial Practice ◽  
The Social ◽  
Constitutional Legality ◽  
The Russian Federation

The article highlights the activities of the constitutional (charter) courts of the constituent entities of the Russian Federation concerning the protection of social rights of citizens and their role in the mechanism of protection of these rights. The author provides examples from judicial practice on the issues of their respect, implementation and interpretation. Attention is paid to extra-procedural activities of constitutional (charter) courts and their contribution to the development and improvement of the theory of social rights, social norms of law, including through published and declared messages. The author focuses on their positive role in strengthening the constitutional legality and the principles of the Social State. The paper contains the statistical data concerning the consideration of cases, namely the ratio between court decisions on issues of social rights and the total number of final court acts (on the example of the constitutional courts the Volga Federal District). A number of key problems of regional constitutional proceedings are highlighted, including implementation (enforceability) of decisions of constitutional (charter) courts affecting social rights of citizens.

scholarly journals THE ROLE OF DECISIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN THE DEVELOPMENT OF LEGISLATION ON MASS MEDIA

2020 ◽  
Vol 36 (4) ◽  
pp. 59-62
Author(s):  
D. Sh. Pirbudagova ◽  
◽  
A.M. Omarova ◽  
Keyword(s):  
Mass Media ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Constitutional Court ◽  
The Status ◽  
The Russian Federation ◽  
Media Society ◽  
The Relationship

The article examines the legal positions of the constitutional control bodies regarding the legislative regulation of the status of mass media. The authors note that the Constitutional Court of the Russian Federation has made decisions on the issues of financing, ownership and legal regulation of mass media, the relationship between the mass media, society and the state, the content of the constitutional prohibition of censorship and its correlation with restrictions on freedom of mass media, etc. Conclusions are drawn about the conceptual nature of the decisions of the constitutional Court of the Russian Federation aimed at clarifying the constitutional and legal status of mass media and contributing to filling legal gaps in this area

scholarly journals Legal Mechanisms for Protection of Migrants' Rights by the Public Authorities of the Russian Federation

2018 ◽  
Vol 9 (4) ◽  
Author(s):  
Ksenia Minakova
Keyword(s):  
Russian Federation ◽  
Migration Policy ◽  
Constitutional Court ◽  
Special Role ◽  
Public Authorities ◽  
Normative Documents ◽  
The Public ◽  
The Russian Federation ◽  
Migrants Rights

The article analyzes methods of ensuring the migrants rights by the public authorities of the Russian Federation, the individual elements of the migration policy of the Russian Federation relating to the activities of public authorities. It considers the activities in the field of protection of the migrants rights by such authorities as the Russian President's Office for Constitutional Rights of Citizens, the Presidential Council for Civil Society and Human Rights, the Council for Interethnic Relations, General Directorate for Migration, Chief Directorate for Migration Issues of Ministry of Internal Affairs of the Russian Federation, their normative documents, that regulate their activities. It examines separately the activities of the RF Government in the field of protection of the migrants rights, as well as judicial authorities; it identifies the special role of the RF Constitutional Court in the field of ensuring the rights of migrants, refugees, the internally displaced and stateless persons. It underlines the role of authority bodies of the RF entities in ensuring the migrants rights in terms of Irkursk Oblast. The article offers to differentiate strictly the role of each authority body in the field of migrants rights protection, as well as to pay specific attention to regulation of activities of the FR entities authority bodies in this direction.

scholarly journals Constitutional status of persons who are not citizens of the Russian Federation

2021 ◽  
Vol 21 (1) ◽  
pp. 100-105
Author(s):  
Andrei D. Bezuglov ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Social Rights ◽  
International Treaties ◽  
Economic Rights ◽  
Constitutional Level ◽  
The Status ◽  
The Russian Federation ◽  
Stateless Person

Introduction. The constitutional and legal status of persons who are not citizens of Russia is directly related to their political, social, personal and economic rights and freedoms. This raises the problem of correctly determining the status of persons who do not have Russian citizenship due to the fact that the legislation contains many provisions covering the totality of legal relations related to the status of a foreign citizen and a stateless person, where the personal and social rights of a person do not depend on his / her citizenship of another state. Theoretical analysis. The article examines the content of the constitutional status of non-citizens on the territory of Russia. It follows from the content of the first chapter of the Constitution of the Russian Federation that the concept of personality includes any person who is both a citizen and a foreign citizen, or a stateless person, therefore, the rights and obligations established in relation to a person apply to non-citizens. Empirical analysis. The analysis of many rights guaranteed by the Constitution of the Russian Federation revealed that they are not related to citizenship and apply to all people, therefore, non-citizens should have the ability, enshrined at the constitutional level, to protect their rights in case of their violation by contacting state bodies and local self-government bodies. Results. Non-citizens enjoy the rights and bear obligations on the equal basis with the citizens of the Russian Federation, taking into account the peculiarities and restrictions established by federal laws and international treaties. There is a promising opportunity to improve Russian legislation by identifying an independent term of “non-citizens”, which will unite foreign citizens and stateless persons in order to implement comprehensive legal regulation for this category of persons.

scholarly journals Principles of the constitutional legality and unity of the legal space in the Russian legislation

2018 ◽  
Vol 63 (4) ◽  
pp. 497-501
Author(s):  
V. B. Evdokimov
Keyword(s):  
Russian Federation ◽  
Legal Space ◽  
Constitutional Legality ◽  
The Russian Federation

The article analyzes the principles that make up the constitutional legality and unity of the legal space in the Russian Federation. The role of Prosecutor’s authorities and judicial bodies in ensuring constitutional legality and unity of legal space in Russia is shown.

ON THE PLANS OF THE FEDERAL EXECUTIVE BODIES AS THE DOCUMENTS OF STRATEGIC PLANNING

2021 ◽  
pp. 77-85
Author(s):  
Sergey A. Starostin ◽  
◽  
Alexey G. Dobkin ◽  
Keyword(s):  
Strategic Planning ◽  
Russian Federation ◽  
The State ◽  
Planning System ◽  
General Nature ◽  
External Control ◽  
Simultaneous Increase ◽  
The Status ◽  
The Russian Federation

The article deals with strategic planning, which is one of the main mechanisms for ensuring the purposeful and sustainable development of the state, economy and society. The adoption of the Federal Law No. 172-FZ of 28.06.2014 "On Strategic Planning in the Russian Federa-tion" in the Russian Federation marked a new stage in the formation of the state strategic planning system. The status of plans for the activities of federal executive bodies as one of the key elements of the system of strategic planning documents is considered. The practice of their preparation and implementation is analyzed, its shortcomings are studied, and possible directions for improving the current legislation in this area are proposed. The authors consider the status of plans for the activities of federal executive bodies as one of the key elements of the system of strategic planning documents. They analyze the prac-tice of their preparation and implementation, study its shortcomings, and propose all possible directions for improving the current legislation in this area. When writing the article, the authors studied the content of certain questions about strate-gic planning and the corresponding functions of the federal executive bodies of the Russian Federation. They revealed the problems of practical importance and proposed the methods and options for their solution. The authors used the following methods: system analysis, dialectical, logical, compara-tive-legal methods, analysis and synthesis, induction and deduction. As a result of the study, the following results were obtained: – it is necessary to ensure that not only activities and tasks of a general nature are included in the adopted plans, but also their detailing in terms of the expected stages of work; – the activity plans of the federal executive authorities, which are responsible executors of strategic goals and objectives, should give an unambiguous answer to how and when the strategic guidelines defined at the federal level within the entire array of strategic planning documents will be implemented; – the introduction of a systematic approach will allow to fix the risks of non-achieving certain strategic indicators and take the necessary measures in a timely manner; – at present, the role of plans for the activities of federal executive bodies in the system of strategic planning documents is unreasonably low; – the transfer of issues of preparation and control over the achievement of relevant strate-gic indicators to the level of the executive authorities themselves, in the conditions of insuffi-cient external control over this process, in fact, led to the loss of their managerial potential, depriving the state apparatus of an important mechanism for coordinating work in the field of strategic planning; - it is necessary for the entire system of strategic planning to revise quali-tatively the role of the plans of the federal executive bodies with the transfer of authority for their approval to a higher level with a simultaneous increase in responsibility for achieving the planned indicators.

Doctrine “counter-limits” and doctrine “ultra vires” in the context of protection of national constitutional identity

2020 ◽  
Vol 10 (6) ◽  
pp. 98-105
Author(s):  
OLEG Belosludtsev ◽  
Keyword(s):  
Russian Federation ◽  
Theory And Practice ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
Foreign Experience ◽  
Margin Of Appreciation ◽  
The Russian Federation ◽  
The Right ◽  
Constitutional Identity

The  article is  devoted to  the  study of  the  connection between the  doctrine of  constitutional identity with the  doctrine of “counter-limits” and the doctrine of “ultra vires”. All these concepts are applied in the practice of European constitutional courts in cases related to the resolution of conventionally constitutional conflicts. Since the doctrine of “constitutional identity” in domestic theory and practice is in its infancy, in the author’s opinion, it is necessary to take into account the foreign experience of protecting national constitutional identity. And also carefully consider all related concepts, such as the doctrine of counter-limits and the doctrine of “ultra vires”, paying special attention to the topic of their relationship. The author, analyzing the doctrine of “counter-limits” and the doctrine of “ultra vires”, comes to the conclusion that these doctrines, along with other instruments for protecting national constitutional identity (the doctrine of the margin of appreciation), can be used in relation to the dispute between the Constitutional Court of the Russian Federation and the ECHR on “the right of the last word”.

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