TOPICAL PROBLEMS OF CONSTITUTIONAL LAW OF RUSSIA AND FOREIGN STATES
Reference:
Narutto, S.V.
Special territorial units within the constituent
subjects of the Russian Federation
// Actual problems of Russian law.
2013. ¹ 4.
P. 367-376.
URL: https://en.nbpublish.com/library_read_article.php?id=57723
Abstract:
The article is devoted to the specific features of regulation of some territories of the constituent subjects
of the Russian Federation, which differ from the regular administrative and territorial units. In the point
of view of the author, such territories include the following: firstly, the administrative territorial units having
special status (the territories of the former constituent subjects of the Russian Federation, which lost their
status in the process of merging with other constituent subjects of the Russian Federation) and capitals of the
Republics (administrative centers of other constituent subjects of the Russian Federation, etc.); secondly, the
territories having special status, which are not administrative territorial units (specially protected territories,
territories of emergency situations, tourist territories, etc.). The analysis of the Statutes of the five new (united)
constituent subjects of the Russian Federation (regions and districts) shows that the six autonomous districts,
which were included into them and therefore lost their independent status as constituent subjects of the Russian
Federation while retaining their territorial integrity, became administrative territorial units with a special
status. It is noted that there is lack of due legal regulation on both federal and regional levels, and especially
so in the sphere of protection of indigenous small-numbered peoples. The author questions lawfulness of
the transformation of administrative territorial units having special status into the single municipal unit. The
article also includes analysis of the capitals (administrative centers) of the constituent subjects of the Russian
Federation as special territorial units, having an important function. The author pays attention to the definition
of status of specially protected natural sites of regional value, and she points out some specific features
of their regulation in various constituent subjects.
Keywords:
jurisprudence, law, constituent subject, territorial unit, administrative unit, administrative center, autonomous district, municipal, small-numbered peoples, natural sites.
TOPICAL PROBLEMS OF CONSTITUTIONAL LAW OF RUSSIA AND FOREIGN STATES
Reference:
Shugrina, E.S.
On the review of constitutionality
of the rules for the organization
and holding of public events
// Actual problems of Russian law.
2013. ¹ 4.
P. 377-388.
URL: https://en.nbpublish.com/library_read_article.php?id=57724
Abstract:
The Constitutional Court of the Russian Federation took a case on constitutionality of the Federal Law
«On amendments to the Code of the Russian Federation on Administrative Offences and the Federal Law «On
Gatherings, Meetings, Demonstrations, Marches and Picketing», which was passed in June 2012, and some
of its provisions. When the case was being prepared for a hearing in the Constitutional Court of the Russian
Federation, the reporting judge formulated a number of questions, answers to which matter for the correct
ruling on the case. The author provides these questions and the answers to them as they were prepared for
the report of August 7, 2012 for the Constitutional Court of the Russian Federation. In February of 2013 the
final decision on this case was reached by the Constitutional Court (the Decision of the Constitutional Court of
the Russian Federation ¹ 4-P).
Keywords:
jurisprudence, mass actions, meeting, picketing, administrative offence, correctional works, fine, the Venetian Commission, the criminal responsibility.
TOPICAL PROBLEMS OF CONSTITUTIONAL LAW OF RUSSIA AND FOREIGN STATES
Reference:
Gavrilova, L.V., Ignatenko, V.V., Petrov, A.A., Podshivalov, V.E., Surkova, I.S.
On the review of constitutionality
of the Federal Law of June 8, 2012 ¹ 65-FZ
«On amendments to the Code
of the Russian Federation on Administrative
Offences and the Federal Law «On Gatherings,
Meetings, Demonstrations, Marches
and Picketing» and its specific provisions
// Actual problems of Russian law.
2013. ¹ 4.
P. 389-410.
URL: https://en.nbpublish.com/library_read_article.php?id=57714
Abstract:
This material is prepared based on the expert opinion of the scientific researchers of the Irkutsk Regional
State Scientific Research Official Institution «Institute of Legislation and Legal Information named after
M.M. Speranskiy», which was prepared on October 8, 2012 in response to the questions by the Judge of the
Constitutional Court of the Russian Federation S.D. Knyazev. On February 14, 2013 the decision on this case –
the Decision of the Constitutional Court of the Russian Federation ¹ 4-P was announced.
Keywords:
meeting, demonstration, peaceful gathering, administrative offence, expert opinion, international standards.
TOPICAL PROBLEMS OF CONSTITUTIONAL LAW OF RUSSIA AND FOREIGN STATES
Reference:
Viskulova, V.V.
On some issues regarding
the theory of guarantees
of the election rights of citizens
// Actual problems of Russian law.
2013. ¹ 4.
P. 411-423.
URL: https://en.nbpublish.com/library_read_article.php?id=57715
Abstract:
The article includes analysis of the structure of scientific knowledge in the light of the idea of the
guarantees of election rights of citizens. Since the best developed forms of organization of scientific knowledge
are scientific theories, the author pays special attention to these formations within the system of science.
Having analyzed the structure of scientific theories, the author comes to a conclusion that new theories
of guarantees of election rights, guaranteeing election rights and guaranteed election law are being formed
within the election law, and it currently undergoing the transformation from the phenomenological to nonphenomenological
level. At the same time, only the first theory has universal character. Addressing the models
of guarantees of election rights of citizens, which are objects of scientific laws, allows one to show the
implementation of these laws (patterns) within the process of formation and development of such guarantees.
At the same time, author considers that the key pattern is implementation of election rights of citizens in accordance
with the generally recognized principles and norms of election law.
Keywords:
jurisprudence, elections, guarantees, election rights, constitutional law, categories, laws, concepts, models.
TOPICAL PROBLEMS OF CONSTITUTIONAL LAW OF RUSSIA AND FOREIGN STATES
Reference:
Zhamborov, M.S.
The constitutional principle
of adversarial system as the means
for the reasoned substantiation
of the legal positions of the parties
in the Russian judicial procedure
// Actual problems of Russian law.
2013. ¹ 4.
P. 424-432.
URL: https://en.nbpublish.com/library_read_article.php?id=57716
Abstract:
In accordance with Part 3 of the Art. 123 of the Constitution of the Russian Federation the judicial procedure
is based on adversarial character and equality of the parties. This constitutional norm provides for the
equality of all the parties to the process. It also means that claimant and respondent have equal rights in protection
of their rights and lawful interests in civil process; so do the defendant and the prosecutor in the criminal
trial; the entity or person, who challenges constitutionality of a normative legal act and a body, which published
this act, in constitutional process; body or official having the right to apply the administrative measures and the
person accused of an administrative offence in the administrative procedure. Provision for the rights and obligations
of these parties in the Russian judicial procedures forms the legal basis for the conflict resolution among
these parties. However, in reality implementation of rights by the parties fails to guarantee the uncovering of
truth in a case, which requires the conflict resolution in the higher instance courts. Analysis of legislation, judicial
practice and scientific sources allows one to make some conclusions on the contents of principles of adversarial
procedure and equality among the parties, means and conditions for their implementation, powers of the court
and its role in guaranteeing adversarial procedure and equality of the parties in the Russian judicial procedure,
and to make some propositions for the improvement of some procedural norms.
Keywords:
jurisprudence, adversarial character, equal rights, judicial procedure, process, justice, parties, position, evidence, constitutional.
TOPICAL PROBLEMS OF ADMINISTRATIVE LAW AND PROCESS
Reference:
Scherbakova, L.V.
The procedure of implementation
of the administrative contractual obligation:
the main stages
// Actual problems of Russian law.
2013. ¹ 4.
P. 433-439.
URL: https://en.nbpublish.com/library_read_article.php?id=57717
Abstract:
The article is devoted to the analysis of the key stages of the procedure of implementation of the
administrative contractual obligation, such as the stage of organizational and technical events, in-process
monitoring, provision and acceptance of the object of performance, the follow-up control and the unilateral
refusal to perform the administrative legal obligation. The author studies the elements of procedural acts
(meetings, negotiations, conciliatory committees, interim reports on performance, final expertise, revisions,
supervision, etc.) and their value within the context of satisfying the public interest.
Keywords:
jurisprudence, administrative contract, administrative contractual obligation, procedure of performance, procedural act, stage, control, monitoring, report on performance, unilateral refusal to perform an obligation.
TOPICAL PROBLEMS OF SOCIAL SECURITY LAW
Reference:
Antipyeva, N.V.
Specific features of professional activities
as a criterion for the differentiation
of legal regulation of social guarantees
for the specific groups of persons
// Actual problems of Russian law.
2013. ¹ 4.
P. 440-444.
URL: https://en.nbpublish.com/library_read_article.php?id=57718
Abstract:
Based on the analysis of current legislation, the author comes to a conclusion on the presence of three
models of legal regulation of social guarantees for the persons employed in specific types of professional activity.
The first model is aimed to form the individual systems of protection of people from the risk related to the specific
features of their work (taking into account various forms of implementation of the right to work) based on the provisions
of specialized normative acts (one or several) of legislative level. The second model provides for the specific
norms for certain categories of persons within general legal acts. This model is used within the system of obligatory
pension insurance. The third model combines the elements of two previously mentioned models, and it is typical for
the guarantees for the civil officers, who, while being included into the system of general social insurance guarantees,
have the right for the length of service pension provided by the state, as well as for the social guarantees for
the workers in the coal mining industry, and members of civil aviation crews.
Keywords:
jurisprudence, differentiation, legal, regulation, social, guarantees, model, professional, activity, risk.
TOPICAL PROBLEMS OF SOCIAL SECURITY LAW
Reference:
Egorov, S.A.
On the issue of meaning
and possible application of the non-binding acts
of the International Labor Association
in the process of improvement of the norms
of international and domestic labor law
// Actual problems of Russian law.
2013. ¹ 4.
P. 445-450.
URL: https://en.nbpublish.com/library_read_article.php?id=57719
Abstract:
This article concerns the differences between various forms of non-binding acts of the International Labor
Association (ILOO) from the point of view of the procedure for their adoption, sphere of their application of legal
status: declaration, resolutions, recommendations and opinions. The author attempts to evaluate the possibilities
for the application of the non-binding ILO acts by the parties of the social partnership in the sphere of labor. Since
some of these provisions have detailed character, they may be included into the social partnerships at the local
level. For example, the ILO non-binding acts include the norms, which improve the position of workers in comparison
to those provided by the national legislation. The courts may apply the norms of the non-binding acts in
order to clarify the provisions of national legislation. It is established that the provisions of the non-binding acts are
included into the international treaties with passage of time, and so they become binding. The development of the
modern forms of international treaties allows for the harmonious combination of the features of normative and
non-binding elements, as well as for the simplified procedure for amendments.
Keywords:
jurisprudence, the ILO, non-binding acts, the International Labor Association, international labor law, social dialogue in the sphere of labor, declaration, resolution, social partnership, mechanism for the implementation, modern international acts.
TOPICAL PROBLEMS OF SOCIAL SECURITY LAW
Reference:
Knyazeva, N.A.
The limitation period for the claim
for the protection of the labor rights
of workers: legal nature, length,
order of application
// Actual problems of Russian law.
2013. ¹ 4.
P. 451-457.
URL: https://en.nbpublish.com/library_read_article.php?id=57720
Abstract:
Based upon the analysis of current legislation, the author comes to a conclusion that the temporal
limitation period for the claims to the State Labor Inspection and to the prosecutors should be established in
addition to the temporal limitation periods for the claims to the labor dispute commission and to the court.
Based upon the analysis of the existing scientific approaches to the understanding of legal nature and limitation
periods for the claims for the protection of labor rights, the author offers some possible solutions for the
existing problems. Additionally, based upon the practice of the district courts of Voronezh, the Supreme Court
of Russia, and the legal positions of the Constitutional Court of Russia, the author uncovers the problems related
to the starting point of the limitation periods for the labor rights claims, and she makes proposals on the
amendments to the existing legislation in order do deal with the problems.
Keywords:
jurisprudence, labor law, protection of labor rights of workers, legal means of protection, limitation period, application of limitation period, restoration of limitation period, missing the limitation period for the claims for the protection of rights.
TOPICAL PROBLEMS OF SOCIAL SECURITY LAW
Reference:
Postnikov, N.A.
Social maternity leave
and child care leave
// Actual problems of Russian law.
2013. ¹ 4.
P. 458-464.
URL: https://en.nbpublish.com/library_read_article.php?id=62546
Abstract:
The article concerns the aims of the social maternity leave and child care leave, the author analyzes
the procedure for its provision, period of such leaves, pays attention to the topical issues in this sphere based
on the analysis of current legislation.
Keywords:
jurisprudence, social leave, maternity leave, pregnancy and childbirth leave, child care, Decree, legislation, agreement, period of the child care leave.
TOPICAL PROBLEMS OF CIVIL PROCESS
Reference:
Petruchak, R.K.
The invalid and void transaction
as a new condition for the revision
of the effective judicial acts
in civil and arbitration processes
// Actual problems of Russian law.
2013. ¹ 4.
P. 465-469.
URL: https://en.nbpublish.com/library_read_article.php?id=62547
Abstract:
The article is devoted to the recognition of the deal as void by the court of general jurisdiction or arbitration
court, as a new circumstance, which may serve as grounds for the revision of the effective judicial acts
in civil and arbitration process due to the fact of their unlawfulness or lack of material grounds. This matter was
included by the legislator into the list of new circumstances in the Civil Procedural Code of the Russian Federation and the Arbitration Procedural Code of the Russian Federation within the process of reform of the institution of
the review of the effective judicial acts due to the new or newly found circumstances under the Federal Law of
December 9, 2010 ¹ 353-FZ and the Federal Law of 23 December, 2010 n. 379 –FZ. The author notes, that if the
provisions of part 1 of Art. 166 of the Civil Code of the Russian Federation were to be interpreted literally, then
the deal which is void based upon the grounds provided by the above-mentioned Code due to its recognition as
void by the court or by law without need for such recognition (voidable and invalid deals), both of these types of
void deals should be regarded as grounds for the review of the effective decision of the court. Due to this fact, the
author comes to a conclusion that the legislator had mistakenly included voidance of the invalid deal as the new
circumstance, which lead to the confusion in the process of application of this type of review.
Keywords:
jurisprudence, new circumstances, review, civil process, arbitration process, effective judicial acts, voidable deal, invalid deal, void deal, invalidity, dualism of judicial protection.
TOPICAL PROBLEMS OF CRIMINAL LAW
Reference:
Sidorkin, A.I.
The issues of strengthening responsibility
for the undue performance of obligations
on protection of weapons, ammunition,
explosive substances and devices
// Actual problems of Russian law.
2013. ¹ 4.
P. 470-474.
URL: https://en.nbpublish.com/library_read_article.php?id=62548
Abstract:
The author views the issues of strengthening the legal responsibility for the crimes related to the
undue performance of obligations on protection of weapons, ammunition, explosive substances and devices.
The author analyzes the MIA of Russia statistics, as well as data from the Supreme Court of the Russian
Federation, the Investigation Committee of the Russian Federation on the practice of application of the Art.
225, 342, 344 of the Criminal Code of the Russian Federation. Then he makes proposals for the strengthening
responsibility for such acts and unification of punishments for them.
Keywords:
jurisprudence, responsibility, criminal, weapon, ammunition, storage, punishment, subject, utilization, crime.
TOPICAL PROBLEMS OF CRIMINAL LAW
Reference:
Bavsun, M.V.
Changes and amendments
to the criminal law as means
for the improvement of efficiency
of its application
// Actual problems of Russian law.
2013. ¹ 4.
P. 475-482.
URL: https://en.nbpublish.com/library_read_article.php?id=62549
Abstract:
This article is devoted to the problem of quality of amendments and additions to the Criminal Code of
the Russian Federation, which are evaluated by the author from the standpoint of efficiency of their application in
fighting crime. The article provides critical analysis of legislative activities in the sphere of criminal law norms in the
latest decade. The author provides proposals for the optimization of the law-making activities on amendments and
additions to the Russian criminal legislation. The author also offers specific criteria for the activities of legislator on
introduction of quality-related changes into the text of criminal law and to practical implementation of such provisions.
Much attention is paid to the problem of correlation of legislative and law-enforcement aspects, and to the
need to balance these aspects in the process of interference into the sphere of criminal legal influence.
Keywords:
jurisprudence, changes, amendments, optimization, criminal law, efficiency, operative interference, improvement, the basic idea, legal conscience.
TOPICAL PROBLEMS OF CRIMINAL PROCESS
Reference:
Panokin, A.M.
Detention of suspect
in criminal judicial procedure
// Actual problems of Russian law.
2013. ¹ 4.
P. 483-490.
URL: https://en.nbpublish.com/library_read_article.php?id=62550
Abstract:
The article is devoted to the topical problems of de-facto and de-jure detention of the suspect in criminal
judicial procedure. The author provides for the grounds for distinguishing the criminal procedural, administrative
and criminal executive detention. He also studies the issues of guarantees of human rights in situation of criminal
suspect detention. The author also analyzes the issues of civil arrest in the legislation of some foreign states.
Keywords:
jurisprudence, detention, arrest, arrested, suspect, capture, immunity, habeas corpus, interrogation, search.