Sravnitel noe konstitucionnoe obozrenie最新文献_第8页

Constitutional watch: October – November 2019 宪法观察:2019年10月至11月

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2019-6-4-15

引用次数: 0

Constitutional watch: February – March 2021 宪法观察:2021年2月至3月

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2021-2-4-14

引用次数: 0

Direct Effect of the Constitution: Specific Features of the Russian Model from a Comparative Perspective 宪法的直接效力:比较视角下俄罗斯模式的特色

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2021-5-76-117

Elena Gritsenko

{"title":"Direct Effect of the Constitution: Specific Features of the Russian Model from a Comparative Perspective","authors":"Elena Gritsenko","doi":"10.21128/1812-7126-2021-5-76-117","DOIUrl":"https://doi.org/10.21128/1812-7126-2021-5-76-117","url":null,"abstract":"The differences in the interpretation of the direct effect of a constitution are mainly caused by the peculiarities of understanding the essence of the constitution and the rule of law, the relation between the national, supranational and international law in a legal system, the specifics of the perceived constitutional concept of basic rights, the limits of private autonomy and the action of constitutional rights in public and private relations. Furthermore, a model of constitutional review and the national judicial system play a key part. The American approach, based on the distinction between common law and constitutional law, creates difficulties in the constitutionalization of the common law. These problems, along with the peculiarities of American federalism, are reflected in the state action doctrine as a tool outlining the mechanisms and limits of constitutional rights and the state’s duties to protect them. However, the solution of the question about the horizontal application of the Constitution depends, rather, not on objective criteria, but the discretion of the court. A different model of the direct action of the Constitution and basic rights has been developed in the German legal system. The Federal Constitutional Court of Germany opened the way for the constitutionalization of sectoral legislation, as well as for the recognition of the mediated horizontal action of constitutional rights in private relations. Post-socialist states developing within the continental legal family, mostly without any reservations, accepted the idea of direct action of the Constitution and fundamental rights in vertical and horizontal relations. This is largely due to the socialist tradition: the Constitution is not perceived as an act addressed to the state, but is regarded as an act addressed to the whole society. In this regard, the current Russian Constitution enshrines the universal obligation for public and private actors to observe the Constitution and allows it to be applied in private relations. The principle of the direct effect requires the court to detect possible conflicts and solve them, using available constitutional means. This mechanism of courts applying the Constitution still needs fine-tuning. In this regard, the issue of ensuring that courts apply the Constitution continues to be a challenge for Russia.","PeriodicalId":113514,"journal":{"name":"Sravnitel noe konstitucionnoe obozrenie","volume":"4 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":"122058389","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

Theory and practice of rotation in office: whose traditions does Russia follow? 轮流执政的理论与实践:俄罗斯遵循谁的传统?

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2020-3-63-81

Sergei Manzhosov

引用次数: 1

Review of legal reasoning in the Russian Constitutional Court judgments: Nos.4-P – 9-P (2021) 俄罗斯宪法法院判决中的法律推理回顾:no .4- p - 9-P (2021)

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2021-2-192-203

引用次数: 0

Dissenting opinions on the freedom of peaceful assembly 关于和平集会自由的不同意见

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2021-3-17-38

A. Salenko

{"title":"Dissenting opinions on the freedom of peaceful assembly","authors":"A. Salenko","doi":"10.21128/1812-7126-2021-3-17-38","DOIUrl":"https://doi.org/10.21128/1812-7126-2021-3-17-38","url":null,"abstract":"The main purpose of the article is to analyze the content of dissenting opinions of the judges of the Constitutional Court of Russia regarding the implementation of freedom of peaceful assembly. The author concluded that in 2009–2020, there were three judgements (postanovlenie) and one decision (opredelenie) by the Constitutional Court of Russia (hereinafter also referred to as the CCR) that were accompanied by dissenting opinions of CCR judges. In 2013, one single judgment of the CCR was accompanied by three dissenting opinions. This research analyzes the six dissenting opinions of the judges of the Russian Constitutional Court, which considered various problematic issues regarding the implementation of freedom of peaceful assembly in the contemporary Russian Federation. The author also analyzes the role and significance of the dissenting opinions in the context of amendments to the Russian Constitution in 2020, and changes in legislation that significantly limited the publicity of dissenting opinions of CCR judges. This article shows the role of dissenting opinions as: a means to raising the level of legal consciousness in society, a guarantee of a fair and open trial, a guarantee of the independence of judiciary and judicial democracy, and a means of improving legislation and law enforcement practice. The author concludes that the CCR judges’ dissenting opinions could in some cases be regarded as “sleeping law”, because the European Court of Human Rights later confirmed the judges’ minority report in findings. The article uses traditional research methods such as analysis, synthesis, induction, deduction, logical method, and comparative legal methods. The author expresses that it is necessary to keep the democratic tradition of constitutional justice, which allowed the publicity of dissenting opinions of CCR judges during 1991–2020. It is also concluded that the dissenting opinions of the Constitutional Court judges enable a deeper understanding of the political and legal nature, features, and main stages of the development of Russian public assembly law, one of direct democracy’s most important institutions alongside elections and referendums. The author argues that dissenting opinions of the judges of the Constitutional Court of Russia make it possible to identify gaps and defects in the legal regulation of public events in Russia. The study was funded by the Russian Foundation for Basic Research (RFBR) and the Expert Institute for Social Research (EISR) in the framework of the research project no.20-011-31740.","PeriodicalId":113514,"journal":{"name":"Sravnitel noe konstitucionnoe obozrenie","volume":"109 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":"124941296","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 judgments: Nos. 10-P – 19-P (2021) 俄罗斯宪法法院判决中的法律推理回顾:no . 10-P - 19-P (2021)

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2021-3-158-180

引用次数: 0

The specifics of the evolution of the concept of political corruption in Western and Russian political and legal discourse 政治腐败概念在西方和俄罗斯政治和法律话语中的演变

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2019-5-90-112

S. Sheverdyaev, Alina Shenfeldt

引用次数: 0

When political questions and constitutional justice meet: the starting points of argumentation in a comparative perspective 当政治问题与宪法正义相遇:比较视角下的论证起点

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2020-4-55-79

A. Chirninov

引用次数: 0

Constitutional watch: October–November 2020 宪法观察:2020年10月至11月

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2020-6-4-16

引用次数: 0