scholarly journals The Constitutional Court in the System of Public Authorities: A Doctrinal Approach

2021 ◽  
Vol 39 (69) ◽  
pp. 326-334
Author(s):  
Elena V. Vinogradova ◽  
Ekaterina S. Ganicheva ◽  
Kasa Ilda ◽  
Badma V. Sangadzhiev ◽  
Natella A. Sinyaeva
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Public Authorities ◽  
Legal Concept ◽  
Constitutional Review ◽  
Legal Principles ◽  
Procedural Law ◽  
Evaluation Of Evidence

The article examines the place and role of the Constitutional Court in the system of public powers in the doctrinal understanding of the concept of human rights and constitutionalism. The Constitution of the Russian Federation establishes the basic constitutional and legal principles that are fundamental to substantive and procedural law. Judicial constitutional review, as the experience of European countries shows, is the most effective in protecting the Constitution. The principles of law applied to the doctrinal assessment of the place and role of the Constitutional Court in the system of public powers constitute a rather dynamic legal concept. The methodology is based on the legal system, public relations, and the political-state course, which, like all fundamental ideas, change, affect legal awareness and establish new requirements for legal regulation and the formation of an appropriate mechanism. The article concludes that the most important condition for the implementation of the prerogatives of the judiciary to administer justice in the consideration and resolution of specific cases, with emphasis on the study and evaluation of evidence. It is the evidence that serves as the basis of information for the court's findings in the case.

Defense of local autonomy in the Constitutional Court of Spain

2020 ◽  
Vol 29 (5) ◽  
pp. 89-111
Author(s):  
Evgeny Komlev
Keyword(s):  
Negative Impact ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Local Autonomy ◽  
Legal Doctrine ◽  
Public Authorities ◽  
Autonomous Communities ◽  
Advantages And Disadvantages ◽  
Formal Requirements

The article examines the procedure for considering complaints about violation of local autonomy in the Constitutional Court of Spain. The study is based on the analysis of legal regulation of such a category of cases as conflicts in defense of local autonomy and the relevant practice of the Constitutional Court of Spain. The aim of the study is to identify the features of Spanish procedure for protecting the local autonomy by means of constitutional justice, to determine the main advantages and disadvantages of the legal regulation of this procedure. As a result of the analysis, the author comes to the conclusion that the mechanism for defense of the local autonomy in the Constitutional Court of Spain is not free from significant drawbacks. Some of such drawbacks are mainly procedural, based on the relevant legal regulation (among them – excessive requirements for the municipalities or provinces in terms of the number of territorial entities authorized to lodge the complaint; the existence of some formal requirements that can be abolished without reduction in effectiveness of justice). Positions rooted in Spanish legislation and practice of the Constitutional Court of Spain regarding the place and role of local self-government bodies in the system of public authorities in some cases also have a negative impact on the limits of defense of the local autonomy. Such positions are often taken from German legal doctrine, but they are not always successfully adapted within the framework of the Spanish legal system. It seems that the drawbacks noted in the article do not allow to completely attain the aims for which local bodies were empowered to apply to the Constitutional Court of Spain. Among the advantages of the procedure for considering complaints about violation of local autonomy are the flexible approach of the legislator and the Constitutional Court of Spain to a number of issues; taking into account the historical and national (including linguistic) characteristics of Autonomous Communities; the interpretation of the disputed issues by the Constitutional Court of Spain mainly in favor of the applicants. The article formulates ideas regarding the possible improvement of the procedure for defense of the local autonomy in the Constitutional Court of Spain.

scholarly journals Legal principles of counteraction to corruption and organized crime and the place of administrative and legal regulation among them

2020 ◽  
Vol 77 (2) ◽  
pp. 58-63
Author(s):  
О. О. Вороний
Keyword(s):  
Public Relations ◽  
Organized Crime ◽  
Legal Regulation ◽  
Administrative Law ◽  
Public Law ◽  
Public Authorities ◽  
Legal Principles ◽  
National Importance ◽  
Legal Relationship ◽  
The Subject

Based on the analysis of the current domestic and international legislation, the author has provided characteristics of the legal principles for combating corruption and organized crime. It has been established that the legal principles for combating corruption and organized crime covers currently a large number of regulatory acts of international and national importance; it has been emphasized that a key place among them belongs to administrative and legal regulation. It has been found out that administrative and legal regulation is a form of legal influence on public relations, which is carried out on the basis of the norms of administrative branch of law. Thus, this legal influence operates in the field of public relations that arise as a result of the activities of public law entities, in particular public authorities. Besides, administrative and legal regulation is, first of all, the system of norms that regulate organizational and administrative issues, aspects of the division of competence of public law entities and their legal relationship. The emphasis has been placed on the fact that if we consider the system of legal principles for combating corruption and organized crime, they mostly consist of the rules of administrative law, since they regulate organizational forms of combating corruption and organized crime as a special activity of public authorities, determine the competence of each of the subject of combating corruption and organized crime, establish structural and system aspects of such activities, establish features of control and supervision over the process of its implementation, etc. It has been established that administrative and legal regulation is dominant in the system of legal principles for conducting activities to combat corruption and organized crime in Ukraine.

scholarly journals Kekuatan Hukum Putusan Mahkamah Konstitusi Terhadap Pencabutan Larangan Keterlibatan Mantan Narapidana Sebagai Pejabat Publik

2019 ◽  
Vol 3 (2) ◽  
pp. 266-280
Author(s):  
Mukhlis Mukhlis ◽  
Eddy Purnama ◽  
Zahratul Idami
Keyword(s):  
Legal System ◽  
Legal Regulation ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Legal Principles ◽  
Former Prisoners ◽  
Library Research ◽  
National Legal System

Pencabutan Pasal 67 ayat (2) huruf g pada Undang-Undang Nomor 11 Tahun 2006 oleh Mahkamah Konstitusi Nomor 51/Puu-Xiv/2016 menyangkut pembatasan hak mantan narapidana untuk mencalonkan diri dalam pemilihan kepala daerah tentu akan berpengaruh pada undang-undang lain. Baik undang-undang yang sudah ada maupun yang akan dibentuk karena berkaitan dengan sifat final dan mengikat pada putusan Mahkamah Konstitusi. Tahun 2017 muncul undang-undang baru yang memuat kembali pembatasan hak mantan narapidana yaitu Undang-undang Nomor 7 Tahun 2017. Sehingga menarik diteliti kedudukan putusan Mahkamah Konstitusi dalam sistem hukum nasional? dan apakah kekuatan putusan Mahkamah Konstistusi bisa mempengaruhi perundang-undangan lain secara keseluruhan?. Penelitian ini bertujuan mengkaji kedudukan putusan Mahkamah Konstitusi dalam sistem hukum nasional dan pengaruh kekuatan putusan Mahkamah Konstitusi terhadap perundang-undangan. Penelitian ini menggunakan metode penelitian hukum yuridis normatif. Penelitian yang mencakup asas-asas hukum, sistematika hukum dan taraf sinkronisasi hukum. Sumber data yang digunakan diperoleh dari penelitian perpustakaan serta informasi dari para ahli akan dianalisis dengan pendekatan perundang-undangan dan pendekatan kasus. Hasil penelitian menunjukkan bahwa Putusan Mahkamah Konstitusi merupakan aturan yang memiliki peranan setingkat dengan perundang-undangan untuk dilaksanakan. Putusan Mahkamah Konstitusi jelas mampu mempengaruhi semua undang-undang, sehingga undang-undang yang memuat prihal yang sama dipastikan tidak memiliki kepastian hukum. Disarankan adanya suatu aturan hukum yang mempertegas teknis implementasi putusan Mahkamah Konstitusi dalam peraturan perundang-undangan dan tersedianya suatu wadah pengujian kembali terhadap putusan Mahkamah Konstitusi.The revocation of Article 67 paragraph (2) letter g in Law No. 11 of 2006 by the Constitutional Court No. 51 / Puu-Xiv / 2016 concerning restrictions on the rights of former prisoners (ex-convicts) to involve themselves to be the candidate for local election will certainly affect other laws, both the existing laws and laws that will be formed, because they are related to the final and binding characteristic on the decisions of Constitutional Court. In 2017, new law emerged which restated about the restrictions on the rights of former prisoners, namely Law No. 7 of 2017. Thus, it is interesting to investigate the position of the Constitutional Court decision in the national legal system? And whether the power of the Constitutional Court’s decision could influence other legislations as a whole or not? This study aims to examine the position of the Constitutional Court decision in the national legal system and the influence of the power of Constitutional Court decision towards the legislation. This study is conducted by using legal research methods of normative juridical. This research covers legal principles, legal systematic and level of legal synchronization. The source of data used in this research is obtained through library research and information from the experts will be analyzed by legislative approach and case approach. The results of this research indicate that the constitutional court decision is a rule that has the same level as the role of legislation to be implemented. The decision of the Constitutional Court is clearly capable of influencing all laws, so that the law that contains the same subject is certain to have no legal certainty. It is suggested that there should be a legal regulation that reinforces the technical implementation of the Constitutional Court Decision in legislation and the availability of a place for re-testing towards the decisions of Constitutional Court.

scholarly journals Judicial protection of several legitimate environmental interests as a way to prevent violations of environmental security

2020 ◽  
pp. 250-253
Author(s):  
Andrii Yevstihnieiev
Keyword(s):  
Public Relations ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Full Implementation ◽  
Procedural Law ◽  
Legitimate Interest ◽  
Legitimate Interests ◽  
Judicial Protection ◽  
Environmental Interests

The article analyzes the status and prospects of judicial protection of environmental legitimate interests, analyzes the provisions of the relevant current procedural legislation, proposes the formulation of two environmental interests, the protection of which can make it possible to prevent violations of environmental safety. It is concluded that full implementation of judicial protection of selected environmental legitimate interests as an effective preventive mechanism in the investigated field may be exercised under the terms of the applicable version of procedural law. It is substantiated that the current law in the field of justice defines legitimate interests as the objects of court protection. Moreover the official understanding of the term "legitimate interest" was given by the Constitutional Court of Ukraine in 2004 in its decision from 01, December, 2004 № 18-рп/2004. Despite of this this, it is noted that national courts rarely protect environmental interests directly. This is due to the absence of clear criteria for identifying legitimate environmental interests which are not explicitly enshrined in legislation. Therefore, in the absence of a proper tradition of protecting legitimate environmental interests, courts seek to protect specific environmental rights which are rather detailed specifies in current legislation. Such a situation impedes the fulfillment of the main objective of the legal regulation of public relations for ensuring ecological security, which is to prevent possible violations in the form of harm to life or human health. In case of full implementation the practice of full protection of legitimate environmental interests (which is formally permitted by the applicable procedural legislation), the protection of such interests will be exercised until the right to environmental safety is violated, so such violations will be prevented.

scholarly journals KONVENSI KETATANEGARAAN SEBAGAI BATU UJI DALAM PENGUJIAN UNDANG-UNDANG DI MAHKAMAH KONSTITUSI

Yuridika ◽  
2014 ◽  
Vol 29 (2) ◽  
Author(s):  
Weldy Agiwinata
Keyword(s):  
Constitutional Law ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Constitutional Convention ◽  
Constitutional Review ◽  
Unwritten Law

This research attempts to analyze in normative manner the use of constitutional convention as source of laws and cause of action for Constitutional Court (Mahkamah Konstitusi) in constitutional review and to explain further the meaning of constitutional convention as unwritten law. This research indicates that: constitutional convention cannot be included into legal regulation hierarchy. Refers to the meaning and concept of convention as unwritten law cannot be included because it will violate the essence of constitutional convention as unwritten law; The role of constitutional law is to cover the weaknesses of constitutional regulations can be used as a companion to written constitution serves as reference for The Constitutional Court, so that the existing and respected constitutional values and practices need to be considered. It also functions to preserve values which are considered as sacred or it is considered impossible to amend the constitution quickly because of constitutional issues.Keywords: constitutional court, constitutional convention, unwritten law

PRINCIPLES OF LAW AS A BASIS FOR INTERSECTORAL COOPERATION

2021 ◽  
Vol 11 (3) ◽  
pp. 50-69
Author(s):  
M.Yu. LEBEDEV
Keyword(s):  
Family Law ◽  
Legal Regulation ◽  
Main Mechanism ◽  
Administrative Process ◽  
Legal Principles ◽  
Intersectoral Cooperation ◽  
Procedural Law ◽  
Free Treatment ◽  
Russian Law ◽  
Almost All

In the presented article the problems of interaction between the various branches of Russian law on the basis of legal principles are considered. The author, examining such concepts as “interaction” and “interrelation” states the fact that the issue of interaction of branches of law is considered by almost all researchers only from the position of listing those branches with which their branch of law interacts. At the same time, the construction of branch norms without taking into account the principles of the branch, where and the branch, from which the legal institute is implemented, leads to conflicts. Separate attention in the work is paid to the views of V.A. Riazanovskii and other scholars on the concept of “unity of process” in the context of interaction between the principles of various branches of law. The author examines the interaction of such branches of law as civil procedural law with civil, family law, arbitration and administrative process. The article draws attention to the cases of free treatment of the legislator with the category of “principles of law”, which, in the author’s opinion, leads to significant distortions of the entire branch of law, where principles not inherent in this branch are wrongly implanted. Studying institutes of law as the main mechanism of inter-branch interaction, the author comes to the conclusion about the need for legal regulation of interaction precisely through the principles of a branch of law.

scholarly journals SEPARATE ISSUES OF LEGAL REGULATION OF REGIONAL LEGISLATION

ASJ. ◽  
2020 ◽  
Vol 2 (42) ◽  
pp. 31-34
Author(s):  
K. Inalkaeva
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Legislative Process ◽  
Constitutional Court ◽  
Theoretical Approaches ◽  
Moral Attitudes ◽  
Implementation Problems

The purpose of the study is to analyze theoretical approaches to the mechanism for resolving legal conflicts, as well as to analyze its components, identify implementation problems and proposals for their elimination. The aim of the study is to improve the effectiveness of conflict prevention in draft laws, laws and other regulations. There is insufficient research on the procedure for adopting regional laws, organizing the work of regional parliaments, and public participation in the legislative process. We hope, if not to reveal, then at least to identify problematic issues that will find worthy researchers and solutions in the future. The paper notes the role of the constitutional Court of the Russian Federation as a subject of conflict-of-laws relations. It is concluded that the legislative process is directly related to the level of legal consciousness of the relevant subjects, moral attitudes, and awareness of their mission as creators of legislation. The practical significance of the research results provides a real opportunity for the competent authorities to take concrete measures aimed at removing corruption-related provisions from the regulatory legal framework.

scholarly journals Legal regulation of legal relations in the field of land accounting

2019 ◽  
Author(s):  
D. Kondratenko
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Public Authorities ◽  
Registration System ◽  
Land Registration ◽  
Land Relations ◽  
Definition Of

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.

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 THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

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