Sravnitel noe konstitucionnoe obozrenie最新文献_第2页

Review of legal reasoning in the Russian Constitutional Court judgments: Nos. 38-P – 48-P (2020) 俄罗斯宪法法院判决中法律推理的回顾:no . 38-P - 48-P (2020)

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2020-6-171-191

引用次数: 0

Review of legal reasoning in the Russian Constitutional Court judgments: Nos.27-P–37-P (2020) 俄罗斯宪法法院判决中的法律推理回顾:no .27- p - 37- p (2020)

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2020-5-150-164

引用次数: 0

Constitutional watch: June—July 2021 宪法观察:2021年6月至7月

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2021-4-4-16

引用次数: 0

Review of legal reasoning in the Russian Constitutional Court rulings Nos.1938-O, 2372-O, 2374-O, 2375-O, 2596-O (2020) 俄罗斯宪法法院第1938- o号、2372-O号、2374-O号、2375-O号、2596-O号判决中的法律推理述评(2020)

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2020-6-192-198

引用次数: 0

Review of legal reasoning in the Russian Constitutional Court rulings Nos.1136-O, 1139-O, 1367-O, 1372-O (2021) 俄罗斯宪法法院第1136- o、1139-O、1367-O、1372-O(2021)号判决中的法律推理述评

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2021-4-193-199

引用次数: 0

The rights of the defendant and public interest in proving insanity under the law of New York 根据纽约法律被告证明精神错乱的权利和公共利益

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2021-3-108-124

A. Grin'ko

{"title":"The rights of the defendant and public interest in proving insanity under the law of New York","authors":"A. Grin'ko","doi":"10.21128/1812-7126-2021-3-108-124","DOIUrl":"https://doi.org/10.21128/1812-7126-2021-3-108-124","url":null,"abstract":"Allocation of the burden of proof is a key issue of criminal procedure that is affected by multiple legal and social factors. Under due process principles, the defendant’s right to a fair and impartial trial is deemed to be the epicenter of the whole structure. However, efficient law enforcement is a prominent public interest that must be considered. This article explores the correlation between public and private interest in proving insanity under the law of New York, which provides great empirical background due to its long history of legal disputes and legislative changes. Considering the nature and structure of the burden of proof, the author concludes that there are several principles for its fair allocation: the due party that bears both the burden and the risk of its nonperformance; the feasibility of the burden; the adequate opportunity for the other party to rebut; the concentration of resources upon needs that are not presumed but in fact exist. All the mentioned principles lay the ground for the harmonization of constitutional guaranties for the defendant as well as the successful enforcement of criminal law. The current New York approach to insanity defense as an affirmative one along with the history of its implementation tends to prove its compliance with such requirements. This finding suggests that bearing the burden shall not be treated as impairment by default, but can protect both the interest of this party and the integrity of the whole process.","PeriodicalId":113514,"journal":{"name":"Sravnitel noe konstitucionnoe obozrenie","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129286751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Public hearings as an institution of deliberative democracy in major Russian and American cities 公开听证会在俄罗斯和美国主要城市作为协商民主制度

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2021-1-59-83

A. Fursov

{"title":"Public hearings as an institution of deliberative democracy in major Russian and American cities","authors":"A. Fursov","doi":"10.21128/1812-7126-2021-1-59-83","DOIUrl":"https://doi.org/10.21128/1812-7126-2021-1-59-83","url":null,"abstract":"Currently, public hearings are one of the most widespread forms of deliberative municipal democracy in Russia. This high level of demand, combined with critique of legal regulations and the practices for bringing this system to reality – justified, in the meantime, by its development (for example, by the Agency for Strategic Initiatives and the Public Chambers of the Russian Federation) of proposals for the correction of corresponding elements of the legal code – make both the study of Russian experiences in this sphere and comparative studies of legal regulations and practical usage of public hearings in Russia and abroad extremely relevant. This article is an attempt to make a contribution to this field of scientific study. If the appearance of public hearings in Russia as an institution of Russian municipal law is connected with the passing of the Federal Law of 6 October 2003 No.131-FZ, “On the general organisational principles of local government in the Russian Federation,” then in the United States, this institution has existed since the beginning of the 20th century, with mass adoption beginning in the 1960s. In this time, the United States has accumulated significant practical experience in the use of public hearings and their legal formulation. Both countries are large federal states, with their own regional specifics and diversity, the presence of three levels of public authority and different principles of federalism, which cause differences in the legal regulation of municipal public hearings. For this reason, this article undertakes a comparative legal analysis of Russian and American experiences of legal regulation and practical use of public hearings, on the example of several major municipalities – the cities of Novosibirsk, Nizhny Novgorod, Voronezh and New York, Los Angeles, and Chicago. A comparison of laws influencing the public hearing processes in these cities is advisable, given the colossal growth in the role of city centers in the industrial and post-industrial eras. Cities in particular are the primary centers for economic growth, the spread of innovations, progressive public policy and the living environment for the majority of both Russian and American citizens. The cities under research are one of the largest municipalities in the two countries by population, and on such a scale, the problem of involving residents in solving local issues is especially acute. In this context, improving traditional institutions of public participation is a timely challenge for the legislator, and the experiences of these cities are worth describing. The unique Russian context for legal regulations of public hearings involves the combination of overarching federal law and specific municipal decrees that regulate the hearing process. There are usually two municipal acts regulating public hearings on general issues of the city district (charter, budget, etc.) and separately on urban planning. In the United States, the primary regulation of","PeriodicalId":113514,"journal":{"name":"Sravnitel noe konstitucionnoe obozrenie","volume":"30 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113989465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Review of legal reasoning in the Russian Constitutional Court rulings Nos. 2867-O-R, 3029-O (2020), Nos. 1-O, 2-O (2021) 俄罗斯宪法法院第2867-O-R号、第3029-O号(2020)、第1-O号、第2-O号(2021)裁决中的法律推理审查

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2021-1-167-174

引用次数: 0

Doctrinal characteristic of the subject of constitutional law as a factor in strengthening or overcoming of its dysfunction 宪法主体的理论特征是加强或克服宪法主体功能失调的一个因素

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2019-6-50-60

I. Alebastrova

引用次数: 0

Legal restrictions on the right of association in political parties and their interpretation in court decisions: comparative legal analysis 政党结社权的法律限制及其在法院判决中的解释:比较法分析

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2021-2-149-179

A. Vershinin

{"title":"Legal restrictions on the right of association in political parties and their interpretation in court decisions: comparative legal analysis","authors":"A. Vershinin","doi":"10.21128/1812-7126-2021-2-149-179","DOIUrl":"https://doi.org/10.21128/1812-7126-2021-2-149-179","url":null,"abstract":"The article examines the issue of exercising the freedom of association in political parties in Russia in a comparative analysis with the leading democratic countries of the world. Modern democracies cannot be imagined without political parties, which are the representors of the interests of their voters in legislative bodies and local government bodies. The development of civil society and the entire political system in the country depends on how the freedom of association in political parties and the access of parties to participate in elections is realized. The development of legislation on political parties in the Russian Federation proceeded unevenly. In the first years after the adoption of the Constitution the legislative body did not introduce strict requirements for parties. The adoption of a special federal law on political parties in 2001 became a turning point in the development of the party system. The author identifies two large blocks of restrictions on the creation of parties. The first is legislative restrictions, the second is the restrictions that arise from the unfair activities of legislative and law enforcement agencies. In this work, legislative restrictions are compared with restrictions in other democracies, as well as based on legal positions developed by the European Court of Human Rights. The author comes to the opinion that some restrictions on the creation of parties are not necessary now, in the meantime they significantly narrow the possibilities of party creation and political competition. First, we are talking about a ban on the creation of regional parties. The Constitutional Court in its legal positions indicated that this restriction is temporary and will be lifted over time. Within the framework of this work, the author will give suggestions on changing the approach to the creation of political parties in Russia, which should affect the emergence of new strong parties at different levels of public authority. The author believes that a system of “controlled multiparty system” has developed in Russia, which is implemented both in changing the legislation on political parties based on the interests of the “party in power” and the practice of the registration body, which prevents the formation of new parties claiming to redistribute the existing distribution of forces. Based on the analysis of the legislation on political parties, law enforcement practice, decisions of the Constitutional Court of the Russian Federation, the ECHR and the legislation of foreign countries, the author proposes approaches to reforming the existing party system, which include small cosmetic changes and large-scale changes in approaches to the creation of parties.","PeriodicalId":113514,"journal":{"name":"Sravnitel noe konstitucionnoe obozrenie","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128899367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0