THE ADMINISTRATIVE COURT PROCEDURES CODE OF THE RUSSIAN FEDERATION AS AN OBJECT OF JUDICIAL REVIEW OF CONSTITUTIONALITY

2016 ◽  
Vol 1 (3) ◽  
pp. 3-3
Author(s):  
Aleksandr Orlov
Keyword(s):  
Russian Federation ◽  
Judicial Review ◽  
The Russian Federation

scholarly journals Settlement of Tax Disputes in the Russian Federation and Germany

2015 ◽  
pp. 269-275
Author(s):  
A. A. Konyukhova
Keyword(s):  
Russian Federation ◽  
Judicial Review ◽  
Dispute Settlement ◽  
German Law ◽  
Federal Republic Of Germany ◽  
Legal Proceedings ◽  
Specialized Courts ◽  
The Russian Federation ◽  
Administrative Review ◽  
Settlement Mechanism

This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority that issued the tax act, though in some cases to a higher tax authority. This obligatory procedure was borrowed by the Russian tax system. The trial stage of tax dispute settlement in Germany is carried out by specialized courts, forming a two-level system for legal proceedings. Thus, the tax dispute submitted to the Court is settled first by the financial lands courts and then by the higher Federal Financial Court. However, the Federal Financial Court takes into consideration only certain categories of actions listed in the Act (the Regulations) of finance courts (Finanzgerichtordnung). In Russia appeals of administrative review of tax conflicts, unlike in the German system, are handled by arbitration and general jurisdiction courts. The Supreme Arbitration Court of the Russian Federation is the supreme judicial body for settling economic disputes and other cases considered by arbitration courts in implementing federal procedural judicial supervision over their activities and provides explanations regarding judicial practices. Arbitration courts established at the level of the Federation to resolve disputes involving commercial entities, e.g. enterprises and entrepreneurs, resolve the bulk of tax disputes. These courts are composed of specially created panels of judges known as bars, i.e. groups of judges who specialize in reviewing taxation cases.

scholarly journals ANTI-CORRUPTION THE CRIMINAL PROCEDURE LEGISLATION OF RUSSIA

2019 ◽  
Vol 7 (5) ◽  
pp. 646-649
Author(s):  
Alexander Yurevich Epihin ◽  
Oleg Aleksandrovich Zaitsev ◽  
Ekaterina Pavlovna Grishina ◽  
Andrey Viktorovich Mishin ◽  
Gulnar Isaevna Aliyeva
Keyword(s):  
Russian Federation ◽  
Judicial Review ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
Territorial Jurisdiction ◽  
Current Trends ◽  
Teachers And Students ◽  
The Russian Federation

Purpose: In article current trends of application of the criminal procedure legislation of the Russian Federation in compliance with the purpose of criminal legal proceedings and in the context of counteraction corruption and prevention of abuse of the law of the officials who are carrying out criminal prosecution and judicial review and permission of criminal cases are stated. Methodology: In the course of the research of problematic issues and statements of the material of the article the dialectic, comparative and legal, law modeling, logical, inductive and deductive methods were used. Result: As shows investigative and judicial practicians there are enough the facts of unreasonable initiation of legal proceedings concerning businessmen, with an application of measures of criminal procedure coercion (arrest on the property, blocking of bank accounts and so forth) which result is crash of firm. Change of territorial jurisdiction of consideration of the case of another region by the court is directed to the elimination of a possibility of rendering an impact on objectivity of adjudication. Casual distribution of participation of the lawyer in a criminal case to a destination (when he has to be present surely for protection of the defendant) promotes impartiality of realization of the function of protection in pre-judicial production. The intention of the legislator to enter the obligatory video protocol of court session is directed to a performance by all participants of the process of legal instructions and duties will eliminate possible manifestations of corruption character by officials. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of Anti-Corruption The Criminal Procedure Legislation of Russia is presented in a comprehensive and complete manner.

scholarly journals КОНСТИТУЦИОННЫЕ СТАНДАРТЫ ВЫБОРОВ В ДЕМОКРАТИЧЕСКОМ ПРАВОВОМ ГОСУДАРСТВЕ (ИЗ ПРАКТИКИ КОНСТИТУЦИОННОГО СУДА РОССИЙСКОЙ ФЕДЕРАЦИИ)

2019 ◽  
Vol 53 (4) ◽  
pp. 91-107
Author(s):  
Konstantin V. Aranovsky ◽  
Sergey D. Knyazev
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Judicial Review ◽  
Voting Rights ◽  
Electoral System ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Democratic State ◽  
The Russian Federation ◽  
Election Results

В статье на основе решений Конституционного Суда Российской Федерации анализируются конституционная природа выборов и их роль в обеспечении народного представительства. Опираясь на сформулированные этим Судом правовые позиции, авторы исследуют конституционные стандарты выборов в демократическом правовом государстве, не оставляя без внимания наиболее «узкие» места современной российской избирательной системы. Так, авторы рассматривают проблемы реализации как активного, так и пассивного избирательного права, такие как «муниципальный фильтр» на выборах высшего должностного лица субъектов Российской Федерации, информатизация избирательного процесса, использование избирательного залога, создание избирательных блоков, судебное обжалование результатов выборов по обращениям избирателей. This article is based on the decisions of the Constitutional Court of the Russian Federation; it analyzes the constitutional nature of elections and their role in en-suring popular representation. Based on the legal positions formulated by this Court, the authors examine the constitutional standards of elections in a democratic state based on the rule of law, without disregarding the most bottlenecks in the modern Russian electoral system. Thus, the authors have reviewed the problems of realizing both active and passive voting rights such as the “municipal filter” in elections of top official of the constituent entities of the Russian Federation, informatization of the electoral process, the use of electoral deposit, complaints creation of electoral blocs and judicial review of election results based on voters' complaints.

The Mechanism of Case Reopening Based on New and Newly Discovered Circumstances: Aims, Meaning, Judicial Interpretation (the final part)

2020 ◽  
Vol 10 ◽  
pp. 27-30
Author(s):  
Elvina I. Fagmanova ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Judicial Review ◽  
Legal Issues ◽  
Final Part ◽  
Constitutional Court ◽  
Judicial Interpretation ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The article is devoted to the research of the mechanism in the reconsidering judicial acts under reopened or new circumstances as providing the necessary deviation from the requirement of stability in judicial practice to correct an erroneous judicial act, an analysis of the grounds for reviewing and the importance of judicial review procedures in the system. The author pays an attention to discussions about the possibility of reconsidering a judicial act, due to the development of the position of the supreme court on legal issues, on its borders. The article also analyzes the most important judicial practice of the Constitutional Court of the Russian Federation, the ECHR, and the Resolutions of the Plenum of the Supreme court of the Russian Federation, which substantively reveal the approach of these courts to the mechanism in reconsidering judicial acts under reopened or new circumstances.

scholarly journals On the concept of public order clause

2017 ◽  
Vol 5 (2) ◽  
pp. 171-179
Author(s):  
Эльмар Гафаров ◽  
Elmar Gafarov
Keyword(s):  
Research Methods ◽  
Russian Federation ◽  
Legal System ◽  
Judicial Review ◽  
Comparative Law ◽  
Historical Research ◽  
Public Order ◽  
Narrow Sense ◽  
The Russian Federation ◽  
Definition Of

In the article, based on comparative law, legal system law and historical research methods, discussed some urgent issues related to the theoretical and practical understanding of the reservation of public order. In particular, the article describes and summarizes the definition of public order, reservation of public order, which exists in the Russian and foreign doctrine, jurisprudence approaches of different legal systems, as well as the recent judicial and legislative practices of the Russian Federation. The conclusion is, even if the concept of of public order and the relevant reservation of public order provided in the legislation, the establishment of the real content and ability to apply these concepts are possible only in the case of law practice, in particular by way of judicial review. The reservation of public order in the court should be made with maximum caution and in the narrow sense.

Constitutional Review and the Review by Courts of General Jurisdiction: Comparative Analysis

2019 ◽  
pp. 34-44
Keyword(s):  
Russian Federation ◽  
Judicial Review ◽  
Legal Regulation ◽  
Regulatory Control ◽  
Constitutional Review ◽  
Judicial Control ◽  
Russian Constitution ◽  
The Russian Federation ◽  
The Government ◽  
The Right

In the article, a comparison is made between constitutional review and judicial review exercised by courts of general jurisdiction in Russia on the basis of comparative-law methodology. The author concludes that it is necessary to empower citizens with the right to consider their appeals within the framework of abstract review by courts of general jurisdiction. A proposal has also been formulated on granting the right to appeal for the protection of the rights of citizens and their associations within the framework of the Russian Code of Administrative Procedure (CAP), the Commissioner for Human Rights in Russian Federation, the Commissioner for Children’s Rights, the Commissioner for the Rights of Business-Owners, and also the other Commissioners for these areas on the subjects of the Russian Federation, and the deputies of all levels – from municipal to federal. The author states that with the adoption of the CAP, the problem of checking federal regulations that have less legal force than Decrees of the Government of the Russian Federation for compliance with the Russian Constitution has not been resolved. It is suggested vesting the courts of general jurisdiction with the right to exercise administrative and judicial control over compliance of such acts with the Russian Constitution. The article reveals the problem of lack of terminological unity in the legal regulation of similar institutions of constitutional and administrative judicial review. The need to unify a number of norms of constitutional and administrative legislation on regulatory control issue is emphasized.

scholarly journals Relevant Issues of the Improvement of Judicial Consideration of Cases Involving Minors as a Guarantee of Further Just and Humane Support of the Protection of Human and Civil Rights and Freedoms

Russian judge ◽  
2020 ◽  
Vol 10 ◽  
pp. 17-20
Author(s):  
Rashit S. Khismatullin ◽  
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Judicial Review ◽  
Criminal Procedure ◽  
The State ◽  
Family Education ◽  
Criminal Cases ◽  
Research Article ◽  
Procedure Code ◽  
The Russian Federation

In a research article, the author examines topical problems of improving the judicial review of cases against minors as a guarantee of further fair and humane protection of human and civil rights and freedoms. As you know, in accordance with the Constitution of the Russian Federation ‘Man, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the duty of the state’. The Constitution of the Russian Federation established, proclaimed and emphasized — ‘Children are the most important priority of the state policy of Russia. The state creates conditions conducive to the all-round spiritual, moral, intellectual and physical development of children, fostering patriotism, citizenship and respect for elders in them. The state ensures the priority of family education’. Clear, full and unswerving observance by the court of the provisions of the Constitution of the Russian Federation, as well as the implementation by the court of the norms of the Criminal Procedure Code of Russia, which regulate the trial in criminal cases on charges of committing crimes by minors, determine the further fair and humane provision of the protection of human and civil rights and freedoms, especially — minors, legal, reasonable, fair and moral judicial consideration of criminal cases against minors. Proposals are being made on amendments and additions to the Criminal Procedure Code of the Russian Federation to modernize the judicial review of criminal cases against minors.

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