{"title":"The Problem of Non-Execution of Decisions of the Constitutional Court of the Russian Federation","authors":"Viktoriya R. Borisova","doi":"10.22394/2686-7834-2023-3-78-81","DOIUrl":"https://doi.org/10.22394/2686-7834-2023-3-78-81","url":null,"abstract":"In the article the author analyzes the problem of non-execution of decisions of the Constitutional Court of the Russian Federation. It is emphasized that this circumstance undermines the supremacy of the Constitution of the Russian Federation. The author gives a specifi c example, when a decision of the Constitutional Court of the Russian Federation was issued in the interests of the applicants, however, the corresponding federal law was not adopted in the manner prescribed by law. Solutions to this problem are proposed. The necessity of allowing the courts of the Russian Federation to allow the possibility of appealing against the inaction of the State Duma of the Federal Assembly of the Russian Federation according to the rules of Chapter 22 of the Code of Administrative Procedure is substantiated. The author criticizes the position of the Supreme Court of the Russian Federation on the impossibility of such actions if the adoption or amendment of a federal law has become the subject of consideration by the Constitutional Court of the Russian Federation. It is concluded that such a position violates the constitutional principle of separation of powers.","PeriodicalId":498776,"journal":{"name":"Teoretičeskaâ i prikladnaâ ûrisprudenciâ","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135639929","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}
{"title":"Legislation on the Protection of Personal Data: Uncertainty vs Specification","authors":"Irina V. Mikheeva, Philipp G. Nakhman","doi":"10.22394/2686-7834-2023-3-52-59","DOIUrl":"https://doi.org/10.22394/2686-7834-2023-3-52-59","url":null,"abstract":"The article is devoted to the peculiarities of the legal regulation of relations connected with the protection of personal data in Russia. With the help of general scientifi c approaches — systemic, genetic; methods of analysis and synthesis, induction and deduction, as well as private-scientifi c one — formal-legal method, the study focuses on the technical and legal tools that are used for normative fi xation of the defi nition of personal data and the requirements imposed on the operator of personal data. Attention is drawn to the correlation between the uncertainty of legislative norms and their specifi cation in local legal acts, as well as the inconsistency of law enforcement practice. Regulatory requirements are outlined, awaiting elaboration and interpretation. They are related to the unifi cation of quantitative characteristics of local acts regulating the personal data processing; systematization of approaches to the interpretation of the personal data as a concept; as well as the interpretation of the characteristics of the personal data subject consent to their processing supplemented by the latest legislative innovations, etc. The conclusion is made about the permanent process of specifying the norms of legislation on the protection of personal data in departmental acts and local rulemaking of non-governmental organizations. It is argued that the effectiveness of legal regulation depends on an integrated approach to ensuring the protection of personal data, considering not only legal instruments, but also technical and organizational factors of public administration in the fi eld of personal data.","PeriodicalId":498776,"journal":{"name":"Teoretičeskaâ i prikladnaâ ûrisprudenciâ","volume":"126 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135639926","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}
{"title":"The Concept “Res Publica” and Its Reception in Byzantine Law: Transliterations","authors":"Yury Ya. Vin","doi":"10.22394/2686-7834-2023-1-8-27","DOIUrl":"https://doi.org/10.22394/2686-7834-2023-1-8-27","url":null,"abstract":"The problem of reception of the concept “res publica” is complex and multifaceted. It has been thoroughly studied in relation to the period of the Middle Ages. The task of the author is to demonstrate, that the possibilities of applying the information approach to the field of cognitive surveying to reveal the content of receptions and LatinGreek transliterations of the concept “res publica” with the help of the Expert System “Byzantine Law and Acts”. The comparisons of Greek translations and compilations with their Latin prototypes of Byzantine law prove: their compilations did not necessarily follow their prototypes in conveying the notion of “res publica”. It, as a rule, was replaced by other Greek concepts and word-combinations. For them, as well as their Latin prototypes, a certain semantic ambiguity is evident. Accordingly, the mediaeval Byzantine jurists felt the need to use the direct reception of the Latin concept “res publica”, in particular “rei publicae causa”. It served as the subject of attention and professional lawyers used this concept to interpret and explain the content of the sources of medieval Byzantine law. Noticeable discrepancies in the recording forms of the identified receptions and Greek transliterations of the concept “res publica” are probably due to individual characteristics of Medieval Byzantine lawyers and their professional qualifications. The direct borrowings of the concept “res publica causa” or its transliterations, revealed in medieval Byzantine law monuments, were purely terminological in most cases. It, if it is admissible, may be considered as a kind of cultural phenomenon.","PeriodicalId":498776,"journal":{"name":"Teoretičeskaâ i prikladnaâ ûrisprudenciâ","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135288918","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}
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