Aktualʹnye problemy rossijskogo prava最新文献

The Amendment to the Constitution of the Russian Federation concerning the Ideals of our Ancestors and Faith in God as the Basis for Sustainable Development of Russia 关于作为俄罗斯可持续发展基础的我们祖先的理想和对上帝的信仰的俄罗斯联邦宪法修正案

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-09-18 DOI: 10.17803/1994-1471.2023.155.10.054-060

A. M. Osavelyuk

{"title":"The Amendment to the Constitution of the Russian Federation concerning the Ideals of our Ancestors and Faith in God as the Basis for Sustainable Development of Russia","authors":"A. M. Osavelyuk","doi":"10.17803/1994-1471.2023.155.10.054-060","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.155.10.054-060","url":null,"abstract":"The paper, based on the analysis of research works of famous modern and pre-revolutionary constitutional scholars, philosophers, as well as the provisions of the Constitution of Russia, current legislation and law enforcement practice, shows the problems of sustainable development of Russia arising from the excessive reliance of mankind on environment and the global intensification of socio-economic development. The author determines new prospects for their resolution implementing the provisions of the Amendment included in the Constitution of the Russian Federation in 2020 and devoted to the ideals of our ancestors and faith in God as the basis of sustainable development, which are based on spiritual and moral values tested in practice by our ancestors during many centuries of the national statehood. Special attention is paid to the examination of the interaction and interrelation between the norms of religion, morality and law in creating a qualitative basis for sustainable development through the unity and social solidarity of the man, state institutions and civil society in ensuring the continuity of the statehood of Russia.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"56 73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135258185","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

Development of Public Power in Judicial Acts and Legal Positions of the Constitutional Court of the Russian Federation: To the 30th Anniversary of the Constitution of the Russian Federation 司法行为中公权力的发展和俄罗斯联邦宪法法院的法律地位:纪念俄罗斯联邦宪法30周年

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-09-18 DOI: 10.17803/1994-1471.2023.155.10.112-120

I. V. Ivanov

{"title":"Development of Public Power in Judicial Acts and Legal Positions of the Constitutional Court of the Russian Federation: To the 30th Anniversary of the Constitution of the Russian Federation","authors":"I. V. Ivanov","doi":"10.17803/1994-1471.2023.155.10.112-120","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.155.10.112-120","url":null,"abstract":"The paper analyzes the main legal positions of the Constitutional Court of the Russian Federation since the 1990s until 2023 on the organization and functioning of public authority in Russia in the context of the theory of the «living» Constitution of Russia. To expand on the topic the author dwells upon the legal positions of the constitutional control body as an explanation of the norms of the Russian Constitution, which influences the law-making process and law enforcement practice. Based on the analysis of judicial acts, the main constitutional characteristics of public power are determined: inclusion of municipal government in its composition (the presence of organizational isolation of local government bodies with their functional unity with state power); continuous functioning and historical succession of public power; exercise of public power at the level of the Federation, constituent entities of the Federation, municipalities with the inadmissibility of violating each other’s competence by these levels. It is noted that the main task of state building may be to bring the activities of public authorities closer to the forms of democracy, as well as the development of their direct connections through public discussions between public authorities and the people, society, and citizens.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135258187","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

Functions of the Constitution of the Russian Federation 俄罗斯联邦宪法的职能

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-09-18 DOI: 10.17803/1994-1471.2023.155.10.061-069

S. V. Narutto

引用次数: 0

The President of the Russian Federation as a Party to the Constitutional Judicial Procedure 俄罗斯联邦总统作为宪法司法程序的一方

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-09-18 DOI: 10.17803/1994-1471.2023.155.10.070-086

N. E. Taeva

{"title":"The President of the Russian Federation as a Party to the Constitutional Judicial Procedure","authors":"N. E. Taeva","doi":"10.17803/1994-1471.2023.155.10.070-086","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.155.10.070-086","url":null,"abstract":"The paper deals with topical issues of legal regulation of the status of the President of the Russian Federation as a party to the constitutional judicial procedure, provides a detailed analysis of his constitutional procedural legal capacity. It is shown that the President of the Russian Federation can be both the applicant and can act on the side of the entity the constitutionality of the actions of which is disputed. The relevance of the study of the procedural standing of the President of the Russian Federation in the framework of constitutional proceedings is substantiated by the significant transformation of the status of the Head of State as a result of the Constitutional Reform of 2020. The paper analyzes legislative novelties that significantly expanded the procedural rights of the Head of State through the inclusion of new powers related to the appeal to the Constitutional Court of the Russian Federation. When assessing the role of the President of the Russian Federation as a party to the constitutional judicial procedure, it is concluded that there is a shift in the balance in the system of separation of powers in favor of the Head of State. This is especially evident when analyzing the President’s procedural status in cases of preliminary norm control.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135258178","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

30 Years of the Constitution of the Russian Federation: Traditional Values and New Priorities 俄罗斯联邦宪法三十年:传统价值和新的优先事项

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-09-18 DOI: 10.17803/1994-1471.2023.155.10.045-053

G. D. Sadovnikova

{"title":"30 Years of the Constitution of the Russian Federation: Traditional Values and New Priorities","authors":"G. D. Sadovnikova","doi":"10.17803/1994-1471.2023.155.10.045-053","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.155.10.045-053","url":null,"abstract":"On the eve of the 30th Anniversary of the Constitution of Russia, the author makes an attempt to evaluate the Russian basic law, the content of the norms enshrined in the Constitution for their compliance with traditional values, i.e., spirituality, conciliarity, and civilizational identity inherent in the peoples of Russia. The anniversary date makes it possible to comprehend the meaning of traditional values, their reflection in the basic laws of the Russian State adopted in different historical periods. The author examines approaches to the concept of constitutional (constitutionally significant, constitutionally protected) values expressed in the legal standings of the Constitutional Court of the Russian Federation. The author elucidates various interpretations of the concept of «constitutional values» in the works of modern researchers, proves their relationship with the concept of «traditional values.» The conclusion is substantiated that only the goals, principles and priorities that are based on traditional values will be provided with popular support and will be able to become real prospects for constitutional development.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"180 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135258182","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

Appealing against (Challenging) the Actions (Inaction) of a Non-Public Operator as a Special Way to Protect the Rights of a Gardener — Personal Data Subject 就非公营营办商的作为(不作为)提出上诉(质疑)，以保障园丁-个人资料当事人的权利

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-09-18 DOI: 10.17803/1994-1471.2023.155.10.121-129

S. V. Lvova

{"title":"Appealing against (Challenging) the Actions (Inaction) of a Non-Public Operator as a Special Way to Protect the Rights of a Gardener — Personal Data Subject","authors":"S. V. Lvova","doi":"10.17803/1994-1471.2023.155.10.121-129","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.155.10.121-129","url":null,"abstract":"The paper is devoted to one of the most effective, but rarely used in practice, special methods of protecting the violated rights of the personal data subject in relation to gardeners, aimed at restoring violated rights and freedoms through appealing against the actions and/or inaction of a non-public operator. The purpose of the paper is to analyze the provisions of Art. 17 of the Federal Law of July 27, 2006 No. 152-FZ «On Personal Data» by means of the formal legal method and linguistic (grammatical) method of interpretation. It aims at not only giving a general description of this special method of protection, but also formulating the conditions for the gardener to exercise the right to judicial appeal against the actions/inactions of a non-public operator from the standpoint of the objective and subjective elements of the rule of law. The paper will be useful primarily for practicing lawyers and attorneys involved in the protection of the violated rights of gardeners — personal data subjects, whose garden land plots are located on the territory of closed dacha villages established on land plots appearing from land shares.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135258188","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

Legal Regulation of the Capture and Burial of Greenhouse Gases in Rock Layers as in the Case of CO<sub>2</sub> 以CO<sub>2</sub>为例，对在岩层中捕获和埋藏温室气体的法律规制

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-09-18 DOI: 10.17803/1994-1471.2023.155.10.177-182

E. V. Spiridonova

引用次数: 0

The Constitutional Nature of Municipal Power 市政权力的宪法性质

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-09-18 DOI: 10.17803/1994-1471.2023.155.10.103-111

E. P. Zabelina

{"title":"The Constitutional Nature of Municipal Power","authors":"E. P. Zabelina","doi":"10.17803/1994-1471.2023.155.10.103-111","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.155.10.103-111","url":null,"abstract":"The paper examines the significance of the Constitution of the Russian Federation in the formation and development of the political and legal essence of local self-government and its driving force as to strengthen municipal power as a type of public power that ensures the implementation of certain laws and municipal regulations on the territory municipalities. The author believes that it is only after the adoption of the Russian Constitution in 1993 that local self-government has acquired the constitutional potential for its formation as an authoritative channel for expressing the will of the people, both directly and through local government bodies. The paper shows the role of the Constitutional Court of the Russian Federation in the implementation of the constitutional idea of the power essence of local self-government and its consolidation in the current legislation. At the same time, according to the author, there are no sufficient grounds to conclude that the idea of the authoritative essence of local self-government is fully implemented in legislation. Believing it necessary to further strengthen the municipal government, the author makes proposals, the implementation of which will contribute to solving this pressing problem.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"192 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135258180","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

Amendments to the Constitution of the Russian Federation in 2020 as a «Locomotive» of Constitutional Reforms in the CIS Countries 2020年俄罗斯联邦宪法修正案作为独联体国家宪法改革的“火车头

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-09-18 DOI: 10.17803/1994-1471.2023.155.10.095-102

A. N. Ponomarenko

引用次数: 0

The Constitutional Model of Interaction in the Constitutional Acts of Modern Russia 现代俄罗斯宪法行为中相互作用的宪法模式

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-09-18 DOI: 10.17803/1994-1471.2023.155.10.011-019

V. V. Komarova

{"title":"The Constitutional Model of Interaction in the Constitutional Acts of Modern Russia","authors":"V. V. Komarova","doi":"10.17803/1994-1471.2023.155.10.011-019","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.155.10.011-019","url":null,"abstract":"The paper examines the term «interaction» updated in the process of the 2020 Constitutional Reform. The author analyzes the constitutional model of the interaction implementation in the Constitution of Russia, federal legislation and constitutional (statutory) legislation of the constituent entities of the Federation. Based on the comparative legal analysis, the paper explains the features of interaction in the unified system of public authorities at various levels, the features of goal-setting and types and forms of interaction. The author concludes that different goal-setting of interaction in the legislation of constituent entities, on the one hand, allows taking into account the characteristic features, on the other hand, it implies differences in the forms and procedures of its implementation and subjects of interaction. The author proposes the system-forming elements of a unified system of public authorities. It is revealed that in the acts of the constituent entities under consideration, it is mainly about interaction in the system of state power, whereas the constitutional formulations at the federal level also concern local self-government bodies. According to the author, this narrowing of the subjects of interaction carries obvious risks of improper enforcement of federal legislation. The author also concludes that interaction is more widely regulated at the level of the constituent entities of the federation, determines the goals and subjects of the process, defines the features of interaction and promising aspects for incorporation into the legislation of the constituent entities.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135257769","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