scholarly journals ENVIRONMENTAL LEGAL PRINCIPLES: REFLECTION IN THE FEDERAL LEGISLATION AND THE LEGISLATION OF THE RUSSIAN FEDERATION CONSTITUENT ENTITIES

2021 ◽  
Vol 21 (2) ◽  
Author(s):  
T. I. Makarova ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Federal Legislation ◽  
Legal Principles ◽  
The Russian Federation

scholarly journals Problems of Implementation of Principles of Transparency and Accessibility in the System of Scientific Personnel Certification in the Russian Federation

2021 ◽  
Vol 16 (4) ◽  
pp. 11-22
Author(s):  
A. V. Bekin ◽  
B. A. Zbaratskiy
Keyword(s):  
Russian Federation ◽  
Federal Legislation ◽  
Official Publication ◽  
Local Regulation ◽  
Legal Principles ◽  
Scientific Personnel ◽  
The Russian Federation ◽  
The Right ◽  
Academic Degrees

The paper is devoted to the implementation of the principles of transparency and accessibility in legal acts regulating the procedure of academic certification in Russia. The authors highlight two characteristic properties of legal principles of accessibility and transparency. The paper examines the manifestation of principles of transparency and accessibility in federal legislation and local regulations of organizations that have the right to award academic degrees independently. The authors have determined local regulations subject to mandatory official publication in order to have the principle of publicity implemented. The paper provides examples of violations of the requirements of the current legislation in local regulations on the issues of independent awarding of academic degrees. The conclusion is made about the need for additional study of local regulation in order to eliminate contradictions and bring it into line with the principles of transparency and accessibility.

scholarly journals Some Issues of the Implementation of Publicity and Availability Principles in the System of Performance Review of Academic Personnel in the Russian Federation

2021 ◽  
Vol 2 ◽  
pp. 11-15
Author(s):  
Sergey S. Zenin ◽  
◽  
Aleksandr V. Bekin ◽  
Bogdan A. Zbaratskiy ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Federal Legislation ◽  
Legal Principles ◽  
Performance Review ◽  
The Russian Federation ◽  
The Right ◽  
Academic Personnel ◽  
Academic Degrees

The article discusses the implementation of the principles of transparency and accessibility in the regulations governing the procedure of scientific attestations in Russia. The characteristic properties of the legal principles of accessibility and publicity are highlighted. The article examines the manifestation of the principles of transparency and accessibility in federal legislation and local regulations of organizations that have the right to independently award academic degrees.

scholarly journals CHOICE OF THE TYPE OF PERMITTED USE OF A LAND PLOT BY ITS RIGHT OWNER: PROBLEMS OF LEGAL REGULATION

2021 ◽  
Vol 31 (2) ◽  
pp. 251-256
Author(s):  
G.L. Zemlyakova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Federal Legislation ◽  
Constitutional Court ◽  
Land Plot ◽  
The Russian Federation

The reason for writing this article was the Resolution of the Constitutional Court of the Russian Federation of October 16, 2020 No. 42-P, the adoption of which is due to the lack of proper legal regulation of the choice of the type of permitted use of a land plot by its rightholder. Federal legislation does not directly provide for the obligation of the rightholder of a land plot to choose the type of its permitted use, and there is no procedure for its implementation. Therefore, the coercion of the rightholder to conduct cadastral registration of a land plot in connection with the choice or change of its permitted use, and even more so bringing to responsibility for the use of the land plot not in accordance with its permitted use due to failure to fulfill such an obligation cannot be recognized as legal and justified. In this regard, the author made proposals for improving the legislation.

scholarly journals The latest practice of urban planning regulation in the context of the "Far Eastern hectare program"

2021 ◽  
Vol 1 ◽  
pp. 3-6
Author(s):  
Eduard N. Sokol-Nomokonov ◽  
Keyword(s):  
Urban Planning ◽  
Russian Federation ◽  
Town Planning ◽  
Federal Legislation ◽  
The Russian Federation ◽  
The Law ◽  
Far Eastern ◽  
Selection Of

The article examines the features of the application of federal legislation in terms of limiting its action in certain regions of the Russian Federation. The practice of land and town planning regulation under such restrictions is analyzed. Proposals are given for further improvement of the law in terms of creating special conditions for the selection of land plots in the conditions of the "Far Eastern hectare program".

scholarly journals “Crimea Acts” of 1954: International Legal Principles

2020 ◽  
Vol 8 (4) ◽  
pp. 4-29
Author(s):  
Vladimir Lafitsky
Keyword(s):  
Russian Federation ◽  
Historical Context ◽  
Legal Principles ◽  
Legal Standards ◽  
The People ◽  
Legal Position ◽  
The Will ◽  
The Russian Federation ◽  
The Republic ◽  
Venice Commission

Crimea was transferred to Ukraine by Russia in February 1954 in violation of not only of the constitutions of the USSR, Russia (RSFSR), and Ukraine (Ukrainian SSR) in force at that time, but also of the principles of international law. This thesis is substantiated by a detailed analysis of the legal acts that formalized the transfer of Crimea to Ukraine; by research into the historical context of their adoption; by an assessment of whether these acts conform to international legal standards; and by the testimony of the author of the present article, who consulted on draft Union Treaty in 1990–1991, in drafting laws of the Republic Crimea in 1994–1995, and in presenting the legal position of the Russian Federation on Crimea in the Venice Commission of the Council of Europe in March 2014. The author expands upon the legal position of Russia on Crimea and addresses existing conflicts in legislation of the Russian Federation as the legal continuer of the USSR and the RSFSR; applies the international legal means for protecting the interests and the will of the people of Crimea and to prevent further escalation of the confrontation between Russia and Ukraine.

scholarly journals The institution of the human rights commissioners in the subjects of the Russian Federation: problems of formation and the development prospects

2021 ◽  
pp. 155-163
Author(s):  
V. V. Rudenko
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Russian Federation ◽  
Regional Level ◽  
Federal Legislation ◽  
The Rule Of Law ◽  
The Russian Federation ◽  
Development Prospects

The article critically examines the changes of federal legislation concerning the human rights commissioners in the subjects of Russian Federation adopted in 2015 and 2020 in the framework of the Venice and Parisian principles. It analyses three main trends in the development of the institution of the human rights commissioners in the subjects of the Russian Federation — ensuring their independence at the regional level, expanding of their functions and competence, and integrating them into the system of ombudsmen in Russia. The author draws attention to the potential of this institution to promote the rule of law in Russia. The article concludes that changes in federal legislations have indicated the institualisation of the human rights commissioners at the regional level in Russia, have increased the authority of this post in the subjects of Russian Federation and have given a new impetus to development of this institute.

scholarly journals LEGAL PRINCIPLES OF THE AUSTRIAN TAX SYSTEM’S REGULATION

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Оксана Журавлева ◽  
Oksana Zhuravleva
Keyword(s):  
Russian Federation ◽  
Federal State ◽  
Legal Principles ◽  
Federal States ◽  
Tax Legislation ◽  
Eurasian Economic Union ◽  
The Subject ◽  
The Russian Federation ◽  
Supranational Regulation

According to the Concept of the Foreign Policy of the Russian Federation, the establishment of the Eurasian Economic Union is a priority for Russia. It is necessary to take into account the experience of other federal states through the integration model’s creation. Austria is a federal state like the Russian Federation. The analysis of the Austrian experience in tax regulation including the implementation of supranational regulation rules in the national legislation may help to plan successful strategies. The article is focused on the legal basis for taxation in Austria. The subject of the research is the legal principles of taxation regulation, its dynamics, system and sources of tax legislation. The author concludes that 2015/2016 tax reform will change the implementation mechanisms of principles of federalism and justice. The research identifies tendencies for strengthening the role of federal regulation in taxation, harmonization of taxation procedures, revision of the economic model of taxation of physical persons’ incomes.

scholarly journals Activity of the constituent entities of the Russian Federation in the area of traditional medicine: good or harm?

2020 ◽  
pp. 11-24
Author(s):  
Kseniya Igorevna Korobko
Keyword(s):  
Traditional Medicine ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Federal Legislation ◽  
Present Stage ◽  
Federal Level ◽  
The Russian Federation

This article analyzes the legal regulation of social relations in the area of traditional medicine on the level of constituent entities of the Russian Federation at the present stage. The author examines the normative legal acts with regards to traditional medicine on the federal and regional levels. A conclusion is made that federal legislation regulates a limited number of questions in the field of traditional medicine; thus legal regulation in this sphere is virtually delegated to the constituent entities of the Russian Federation. At the same time, legislation fundamentally differs from region to region, so is the legal status of the participants of legal relations. The scientific novelty consists in formulated conclusions on the need for amending the current legislation for the purpose of consolidation on the federal level of universal requirements to exercising activity by all subjects of traditional medicine. Such recommendations would allow ensuring unity of legal status of the subjects of legal relations in the area of traditional medicine throughout the Russian Federation.

scholarly journals A Rational Model of the Constitutional Regulation

Lex Russica ◽  
2019 ◽  
pp. 70-82
Author(s):  
A. A. Liverovskiy
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Social Relations ◽  
The State ◽  
The Body ◽  
Constitutional Court ◽  
Natural Origin ◽  
Legal Principles ◽  
The Russian Federation ◽  
The Law

25 years of influence of the Constitution of the Russian Federation on public relations in our State has radically changed the idea of the Constitution and Constitutional Law. Admission of the Constitution of the Russian Federation by the society marked the formal recognition of social values spelled out in the Constitution and the nature of the legal principles implementing these values that are generally recognized by international law. The system of constitutional principles of natural origin became the basis for the constitutional regulation of social relations. The natural origin of legal principles means that they emerged in legal reality as a result of rational activity of a man, not only in terms of legitimizing the natural rights inherent in the man from birth, but also within the framework of their corrective impact on state regimes in light of promotion of civil rights and human freedoms. The natural origin of the constitutional principles gives an objective character to the constitutional regulation, and their predetermination and supremacy in relation to the influence of the legislative activity of the State power allows to create a constructive dichotomy of the constitutional and legislative regimes. In the theoretical and legal sense, constitutional principles as regulators of social relations constitute the “law of the Constitution”. Its fundamental part consists of the basic constitutional principles that determine the foundations of the constitutional system. The paper defines the mechanism of influence of constitutional principles on public relations that is different from the normative regulation: constitutional principles, in contrast to the norms acting in full compliance with their content, act in accordance with a a certain detectable extent of its content. Legal development of constitutional regulation arises from the interpretation of constitutional principles by the Constitutional Court of the Russian Federation. Resolving cases with regard to the constitutionality of normative legal acts, the body of constitutional justice creates legal stances — new constitutional regulators of social relations that not only correct the constitutional development of the State, but also are the law-making characteristics of the decisions. Using the construction of constitutional regulation, the author proposes an actual understanding of the problem of constitutional identity.

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