scholarly journals Place and Role of Norms and Sources of International Law in the Legal System of the Russian Federation: The Doctrinal Exploration and the Legislative Development of the Constitutional Principle

2012 ◽  
Vol 03 (02) ◽  
pp. 31-41 ◽  
Author(s):  
Sergei Yu. Marochkin
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Constitutional Principle ◽  
The Russian Federation

PLACE OF JUDICIAL PRECEDENT IN THE LEGAL SYSTEM OF THE RUSSIAN FEDERATION

Globus ◽  
2020 ◽  
Author(s):  
Marina Sharifovna Kiyan ◽  
Viktoriya Valerevna Klimentenko
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Case Law ◽  
Major Focus ◽  
Legal Study ◽  
Theoretical Approaches ◽  
The Russian Federation

This article discusses a comprehensive theoretical and legal study of the place of case law in the system of sources of law of the Russian Federation. The major focus is devoted to the analysis of various theoretical approaches and court acts that allow to determine the role of case law in the Russian legal system. The conclusion is made that it is necessary to define legally the role of case law and determine its place in the Russian legal system

scholarly journals Russian legislation on public control

2021 ◽  
Vol 7 (1) ◽  
pp. 374-382
Author(s):  
Vitaly Viktorovich Goncharov ◽  
Tatiana N. Mikhaleva ◽  
Grigory A. Vasilevich ◽  
Evgeny Sergeevich Streltsov ◽  
Aleksandra Alekseevna Milkova ◽  
...  
Keyword(s):  
Civil Society ◽  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Control ◽  
The Russian Federation ◽  
Legal Mechanism

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.

scholarly journals On the hierarchy of normative legal acts in the legal system: experience of consular work abroad

2020 ◽  
pp. 95-105
Author(s):  
A. P. Lyubimov ◽  
A. M. Oreshenkov
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Degrees Of Freedom ◽  
Clear Understanding ◽  
International Treaties ◽  
Supreme Courts ◽  
Russian Constitution ◽  
The Russian Federation ◽  
Work Abroad

INTRODUCTION. The article analyzes the current problems of the consular service. In the practical work of officials of the consular service of the Russian Federation, periodically arise situations in which it is necessary to make decisions taking into account the hierarchy of national legal acts and norms of international law, which are an integral part of the legal system of Russia. The situation complicated by the lack of a normative document that clearly and unambiguously regulates the hierarchy of legal acts that make up this system. The present article, based on the experience of the authors' work abroad, is a comprehensive study for making possible decisions within the framework of the issue under consideration on those non-standard issues that periodically are faced by employees of consular offices.MATERIALS AND METHODS. This article is based on the analysis of the provisions of article 15 of the Russian Constitution (taking into account the recently introduced amendments to the Constitution), on the decisions of the Constitutional and Supreme courts of Russia, laws of the Russian Federation, in particular, of the Civil code of the Russian Federation and the Federal law «On international treaties of the Russian Federation», and also in comparison of the legal systems of Russia, USA and Norway in the question of the primacy of national or international law, as well on real situations that occurred during one of the author's work in the consular service of the Russian MFA. The research method is based on the General scientific method of cognition.RESEARCH RESULTS. The article leads to the conclusion that in the question of the primacy of national or international law in the domestic legal system of a state gives its legislation different degrees of freedom to the Supreme state bodies in a flexible approach to the implementation of international legal obligations within the framework of the generally recognized principle of international law «pacta sunt servanda» – «treaties must be observed». Besides, within the framework of Russian national law, there are legally established opportunities to implement the norms of subordinate normative acts in the presence of a law that regulates the same type of relations in a different way.DISCUSSIONS AND CONCLUSIONS. The article provides a regulatory framework that can be used by Russian foreign offices and the MFA in case of violation by the authorities of the host country of the norms of bilateral and multilateral treaties to which Russia and the country concerned are parties. As a conclusion, it is suggested that a clear understanding of the hierarchy of normative acts in the Russian legal system is necessary for its competent application by officials of Russian foreign offices in solving issues in the field of national legislation, as well as the use of international law by these persons in protecting the rights and interests of the Russian Federation, its legal entities and individuals.

International Law and Domestic Aspects of Russia´s Accession to the Civil Law Convention on Corruption

10.12737/2583 ◽  
2014 ◽  
Vol 2 (3) ◽  
pp. 87-95
Author(s):  
Андрей Морозов ◽  
Andrey Morozov
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Civil Law ◽  
The Russian Federation

The article is devoted to the study of international law and domestic issues of accession of the Russian Federation to the Civil Law Convention on Corruption. Analyzes the model of possible accession of Russia to the Convention. This article provides suggestions and recommendations for improving the implementation of the Convention under review in the Russian legal system.

scholarly journals The role of international law in international information security

2020 ◽  
Vol 6 (4) ◽  
pp. 41-50
Author(s):  
Nikolai Kostenko
Keyword(s):  
Information Security ◽  
United Nations ◽  
International Law ◽  
Russian Federation ◽  
International Security ◽  
General Assembly ◽  
Un General Assembly ◽  
The Russian Federation ◽  
The United Nations

The aim of the study is to develop the main approaches to providing states with international information security. The role of the Russian Federation and other states in advances in information and telecommunications within the framework of international security is being investigated. Attention is drawn to the rapid formation and use of information and communication technologies, which have made up a large and lasting dependence of adverse government mechanisms on real cyber technologies and has been the reason new threats. The role of the Russian Federation in the purposeful work of shaping the United Nations doctrine on world information international security is being investigated. The UN General Assemblys Resolution A/RES/56/19, Advances in Information and Telecommunications in the Context of International Security adopted on 7 January 2002, endorsed the idea of researching current and possible threats to information security and drawing attention to the likely collective measures to eliminate them. The Russian Federations proposal for education, the composition of government experts, which could concentrate and discuss the most important stages that aim the subjects of international law to participate in the UN General Assembly Resolution of December 8, 2003 No. 58/32 Achievements in the field of information and telecommunications in the context of international security are analyzed. The article draws particular attention to the document of the UN General Assembly A/55/140 which outlined five principles on international information security. The article examines in detail the resolutions of the United Nations General Assembly Advances in Information and Telecommunications in the context of International Security from December 4, 1998 to October 22, 2018 to ensure international information security. The novelty of the study is the conclusions and proposals on problematic issues in the field of international information security, which would contribute to the adoption of a single international UN Convention, which would contain a conceptual apparatus, objectives, objectives, types of threats, priorities and mechanisms for their implementation, as well as provisions on the responsibility of States in the international information space.

scholarly journals Historical Aspect and Prerequisites for Amending the Constitution of the RF

2017 ◽  
Vol 4 (3) ◽  
pp. 202-207
Author(s):  
V A Jilkin
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Russian Federation ◽  
Legal System ◽  
The United States ◽  
Criminal Code ◽  
Russian Society ◽  
Historical Aspect ◽  
The Rule Of Law ◽  
The Russian Federation

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.

Doctrinal Approach to the Interrelation between National and International Law in the light of Constitutional Amendments

2021 ◽  
Author(s):  
E.O. Madaev ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Constitutional Court ◽  
Dual Model ◽  
Private International Law ◽  
Legal Analysis ◽  
Public And Private ◽  
Constitutional Amendments ◽  
The Russian Federation

The article analyzes the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-Federal Constitutional Laws «On Improving the Regulation of Certain Issues of the Public Power Organization and Functioning». The author carries out the theoretical and legal analysis of the Russian Federation Constitutional Court practice and the legislation adopted in view of this practice. It is noted that the amendments added to the Constitution of the Russian Federation reflect the official doctrine based on the recognition of the priority and supremacy of the Russian Federation Constitution in the legal system of the country. The author agrees that representatives of economically and militarily strong states have a significant influence on the development of international law, expressing the foreign policy doctrines of their states, while building a dual model of behavior: in relation to themselves – the priority of national law, in relation to other countries – the priority of international law. Under these conditions, the doctrine becomes a universal tool that connects the national and international legal spheres. It is necessary to recognize the ability of the doctrine to ensure the individualization, self-identification of the domestic legal system, the convergence of the Russian legal system and the systems of international public and private international law.

The Territorial Approach to the Content of the Closest Connection Principle

2021 ◽  
pp. 251-260
Author(s):  
Tatiana V. Novikova ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Private International Law ◽  
The European Union ◽  
Law System ◽  
The Supreme Court ◽  
Independent States ◽  
The Russian Federation ◽  
Territorial Approach

The main aim of the research is to substantiate the predominant role of the territorial approach to the content of the closest connection principle. The research is conducted in three steps. Firstly, the title “territorial” (instead of “conflict of laws”) approach is defended. Secondly, the objective test of the closest and most real connection defined by the Bonython formula, which was elaborated in English case law, is analysed. Thirdly, the norms of the private international law of the Russian Federation, other states members of the Commonwealth of Independent States, and the European Union reflecting the closest connection principle are also analysed. As a result of the research, the following conclusions are formulated. Firstly, the closest connection principle is based on the territorial approach and absolutely cannot function without it. At the same time, material law factors (including weaker party protection, lex validatis, etc.) supplement the territorial approach being able to tip the scale in favour of one of the territorially connected legal orders. On this basis, the author proposes to consider the closest connection principle in narrow (territorial) and broad (territorial, supplemented by material law factors) senses instead of various approaches to its content. Secondly, the territorial approach to the content of the closest connection principle is based on search for contacts with a state (country), whereas the territorial approach enrichment with overriding material law factors, caused by the general trend of private international law materialization, is aimed at the analysis of one or another law’s preferences and consequently at the revelation of links with law (system of law). Nevertheless, the analysis of norms of private international law allows concluding that, when prescribing the closest connection principle, the legislator does not make a distinction between terms “country” and “law”, and therefore one should not overemphasise these terms in attempts to understand the content of the principle. Thirdly, modern private international law acknowledges the closest connection principle in broad sense as territorial localization supplemented by material law factors, which is indicated in particular by para. 6 of the Supreme Court of the Russian Federation Regulation “On the Application of Norms of Private International Law by the Courts of the Russian Federation”. What is specifically important, the necessity to add material law considerations and their legal weight should be evaluated by the court on the basis of analysing the substance of the existing legal relations between the parties as well as the aggregate of other circumstances of the case.

Sign in / Sign up

Export Citation Format

Share Document