Reference:
Nanba S.B., Krysenkova N.B. (2013). The Russian Constitution in
the World Constitutional Field. Journal of Foreign Legislation and Comparative Law, 6, 936–955. https://en.nbpublish.com/library_read_article.php?id=64855
Abstract:
The III International Congress on Comparative Law “The Russian Constitution in the World Constitutional
Field” on 20-th anniversary of the Constitution of the Russian Federation took place at the Institute of Legislation and
Comparative Law under the Government of the Russian Federation in December 3–4, 2013. This review concerns the
basic talking points of leading Russian and foreign scientists, constitutionalists, specialists in the sphere of international
law and constitutional economy. The peculiarities of constitutional legislation development and its influence on the
other law branches, social legislation are highlighted in the review. The comparative aspects of constitutional legal
regulation are represented on the example of European and Asian states.
Keywords:
comparative law, constitution, world constitutional field, foreign states, constitutional economy, social legislation, international integration, private law.
Reference:
Khabrieva T.Y. (2013). Constitution of Russia in the World Space. Journal of Foreign Legislation and Comparative Law, 6, 956–963. https://en.nbpublish.com/library_read_article.php?id=64856
Abstract:
The article prepared on the basis of the report of the author at the III International Congress of Comparative
Jurisprudence analyses tendencies of constitutional development, substantiates classification of fundamental laws,
describes in detail peculiarities of the Russian constitutional model and its influence on the development of the constitutional
law space of the modern world.
Keywords:
Constitution, fundamental law, classification of constitutions, models of constitutions, Russian constitutional model, constitutional law space of the world.
Reference:
Rogov I.I. (2013). Principle of the Rule of the Constitution as a Key Factor
of Interstate Integration Processes Development. Journal of Foreign Legislation and Comparative Law, 6, 964–966. https://en.nbpublish.com/library_read_article.php?id=64857
Abstract:
The article is devoted to the establishment and development of national legal systems of Kazakhstan and Russia
in the context of integration processes. Adherence to basic universal international human rights agreements that
form the basis of an international bill of human rights and their ratification along with the adoption of measures aimed
at harmpnization of the current legislation and practice with international norms.
This article discusses examples of recognition by the Constitutional Council of the Republic of Kazakhstan of certain provisions
of the international treaties and agreements inconsistent with the Basic Law, in which changes have been made
aimed at bringing them into line with the legal positions of the Constitutional Council.
Keywords:
Constitution, the Constitutional Council of Kazakhstan, integration processes, international treaties, constitutional order, sovereignty.
Reference:
Marcou G. (2013). About the Amendments to the Constitution of the
Russian Federation of 2013 and the Constitutional
Reforms in the European Countries. Journal of Foreign Legislation and Comparative Law, 6, 967–970. https://en.nbpublish.com/library_read_article.php?id=64858
Abstract:
The article is devoted to the actual questions of the constitutional law of the Russian Federation such as the
constitutional reform proposed by the President of the Russian Federation in 2013 and the problem of the independence
of the judiciary. An emphasis is put on the role of the Prosecutor’s office and the status of the Supreme Court. The author
also compares the probable constitutional amendments with the experience of the European countries and the
USA and finally makes a conclusion about the risks of such reforms.
Keywords:
constitutional law, comparative law, constitutional reforms, independence of the judiciary, role of the Prosecutor’s office, recruitment of judges, experience of the other states.
Reference:
Vasilevich G.A. (2013). Constitutional Principle of Economy Regulation
of Public Relations. Journal of Foreign Legislation and Comparative Law, 6, 971–975. https://en.nbpublish.com/library_read_article.php?id=64859
Abstract:
The article reveals the constitutional principle of regulation of social relations, draws attention to the effectiveness
of the law, emphasizes the overall importance of the constitutional principles and the principles of legal
democratic social state.
Keywords:
Constitutional principle, economy, efficiency, regulation, public relations.
Reference:
Bondar N.S. (2013). Which Constitution does Russia Follow:
Past or Present, XXI Century?. Journal of Foreign Legislation and Comparative Law, 6, 976–985. https://en.nbpublish.com/library_read_article.php?id=64860
Abstract:
The author's approach to the assessment of stability and dynamism of the Constitution, to ensure its
sustainable development in a changing social-historical context are presented in the article. Social-cultural dynamism,
which is achieved through a serial no textual transformation of the Constitution in the practice of the Constitutional
Court of the Russian Federation is recognized as the main condition for the stability of the Constitution. According to
this constitutional justice is considered as a generator of a qualitatively new level of development of "live" (judicial)
constitutionalism.
Keywords:
The Constitution, the social diagnostics of the constitution, stability and development of the constitution, constitutional justice, judicial constitutionalism.
Reference:
Ebzeev B.S. (2013). State and Personality in Russia: Social Solidarity
as a Paradigm of Native Constitutionalism. Journal of Foreign Legislation and Comparative Law, 6, 986–999. https://en.nbpublish.com/library_read_article.php?id=64861
Abstract:
The article analyses the theme of social solidarity as the paradigm of the Russian constitutionalism, reveals
the content of constitutional values of preserving the statehood, unity of society, protection of freedoms and rights,
defines the parameters of the development of legal state and achievement of the constitutional law ideal of universal
benefit.
Keywords:
Constitution, constitutionalism, constitutional paradigm, constitutional values, legal state, rights and freedoms of individuals, constitutional law ideal of universal benefit.
Reference:
Tikhomirov Y.A. (2013). Constitutional Models of States in the Context
of Social Development. Journal of Foreign Legislation and Comparative Law, 6, 1000–1005. https://en.nbpublish.com/library_read_article.php?id=64862
Abstract:
The article is devoted to the main features and characteristics of the constitutional models of states, including
concepts, normative characteristics and common attributes of the one state. The author proves that the constitutional
models of states are penetrated by the genius and sense of the one ideology and policy which is implemented by the
state. According to this it is possible to distinguish such models as: model of secular state and model of religious state,
Marxists theory of state, model of liberal and democratic state, model of autocratic state, models of different continents’
states.
Keywords:
constitution, public authority, constitutional models, constitutional state, sovereignty, rule of law, international standards.
Reference:
Chirkin V.E. (2013). Basic Values of Modern Constitutions:
the Projection of the Future. Journal of Foreign Legislation and Comparative Law, 6, 1006–1015. https://en.nbpublish.com/library_read_article.php?id=64863
Abstract:
From the standpoint of axiological approach examines the values of the constitutions of the states of the
world in terms of their adoption, social meaning and content of the basic values expressed in the provisions of constitutions.
The core values that have enduring importance are analyzed from the perspective of four parties: the human
being; communities and associations of the people; society in general; the state and its organization. There are some
ways to improve the Constitution of the Russian Federation.
Keywords:
Axiological approach, the basic value of constitutions, human being, communities and associations of individuals, the society, the state in a constitutional dimension.
Reference:
Nematov A.R. (2013). Development of Lawmaking Activity through the
Constitution of the Russian Federation and Constitution
of the Republic of Tajikistan: Comparative Legal Analysis. Journal of Foreign Legislation and Comparative Law, 6, 1016–1021. https://en.nbpublish.com/library_read_article.php?id=64864
Abstract:
The article is devoted to comparative legal analysis of legal regulation some aspects of legislative process on
the basis of the Constitution of the Russian Federation and the Constitution of the Republic of Tajikistan. The aspects of
legal acts publishing, state language, legal regulation of migration are discussed in the article. The author highlights
that the constitutional development of Tajikistan correlates with the constitutional development of Russia because of
widespread of roman-german tradition of law through Soviet and Russian legal systems among Middle Asia nations.
The author concludes that now Russia and Tajikistan have necessary backgrounds for lawmaking activity development,
unification and integration of its legal systems.
Keywords:
constitutions, Russian Federation, Republic of Tajikistan, lawmaking activity, legislative process, legal policy, integration, unification, migration, state language, Post-Soviet space, Common Free Market Zone.
Reference:
Salomatin A.Y. (2013). Comparative Legal Policy as New Direction
in Jurisprudence. Journal of Foreign Legislation and Comparative Law, 6, 1022–1029. https://en.nbpublish.com/library_read_article.php?id=64865
Abstract:
The article deals with Comparative Legal Policy as a sphere of legal knowledge under post modernization and
globalization. The author claims that this new discipline is a logical continuation of Comparative Law and Legal Policy simultaneously. It applies comparative legal analysis, comparative state studying and comparative political analysis
as instruments testing appropriateness of reception of any foreign legal experience. Social and Legal Monitoring is too
necessary to define the attitude of citizens toward any reception.
Keywords:
comparative legal policy; legal policy; comparative law; comparative state studying; comparative pol
Reference:
Kapustin A.Y. (2013). Constitutional Priorities of the Law
of Interstate Integration. Journal of Foreign Legislation and Comparative Law, 6, 1030–1036. https://en.nbpublish.com/library_read_article.php?id=64866
Abstract:
Article is devoted to the analysis of features of formation of international legal bases of the Euroasian economic
integration. As a basic point concept the evolution of treaty and legal base of the Customs union which is now
an international legal basis of activity of the Single economic space is considered. Taking into account the European
and world experience the article attempts to define the legal nature of future basic elements of legal system of the Euroasian
economic union. The main constitutional priorities of Russia in formation of the concept of legal system of the
Euroasian economic union reveal.
Keywords:
Constitutional priorities, the legal base of the Customs Union and the Single economic space, Eurasian economic Union, the concept of the Eurasian Foundation agreement, the Declaration of the Eurasian economic integration 2011, the international-legal principles of the Eurasian integration, the Constitution of the Russian Federation, the Eurasian concept of supranationality.
Reference:
Barenboim P.D. (2013). Constitutional Economics and “Responsibility
before Future Generations”. Journal of Foreign Legislation and Comparative Law, 6, 1037–1042. https://en.nbpublish.com/library_read_article.php?id=64867
Abstract:
The article substantiates the role of constitutional economics in the provision of constitutional requirements
of responsibility before future generations and in solution of other tasks of constitutional and economic development
of the country.
Keywords:
Constitutional economics, constitution, fundamental law, constitutional development, economic development, economy, law.
Reference:
Lafitsky V.I. (2013). Idea of Legal State in the Constitutions
of the Modern World. Journal of Foreign Legislation and Comparative Law, 6, 1043–1049. https://en.nbpublish.com/library_read_article.php?id=64868
Abstract:
The article analyses the genesis and development of the idea of legal state in the constitutions of the modern
world, reveals peculiarities of its constitutional law regulation, formulates the tasks of its doctrinal substantiation and
improvement of the forms of its constitutional law embodiment.
Keywords:
Legal state, constitutions, constitutional idea, constitutional principle, constitutional embodiment.
Reference:
Kashirkina A. A. (2013). Constitutional Foundations of Eurasian Integration. Journal of Foreign Legislation and Comparative Law, 6, 1050–1057. https://en.nbpublish.com/library_read_article.php?id=64869
Abstract:
The article deals with important scientific and practical issues of cooperation between the Constitution of
the Russian Federation and various international legal norms. The analysis of the place of the constitutional norms in
the legal system of the state in case of contradiction with the norms of international agreements and legally binding
decisions of the international organizations, the conclusion of the unconditional priority of the constitutional norms in
such collisions is made. The issue of compliance of the goals and the practice of functioning of the Customs Union and
Eurasian economic community with the constitutions of the States-members of these unions, as well as universally recognized
principles and norms of international law.
Keywords:
Constitution of the Russian Federation, the Constitutional Council of the Republic of Kazakhstan, the Customs Union, the Eurasian Economic Community, integration, generally recognized principles and norms of international law, sovereignty.
Reference:
Troitskaya A.A. (2013). Participation of Constitutional Control Bodies in the
Process of Changes to the Constitution:
Comparative Aspect. Journal of Foreign Legislation and Comparative Law, 6, 1058–1064. https://en.nbpublish.com/library_read_article.php?id=64870
Abstract:
The article analyzes different methods of amendment of constitutional provisions which correlates to textual
amendments and amendments made by the other means (including interpretation of constitutional provisions and
adoption of current legislation) and necessity to guarantee the ideas of sovereignty and constitutionalism. The goal of
the constitutional control bodies, concerned determination of the limits of legislative amendment, is researched on the
basis of judicial practice of constitutional courts and supreme courts of different countries. The comparative method
allowed to elicit different ways to solve the problem of constitutional control bodies’ role as subjects of constitutional
amendment process is used in the article. The author proves the more significant role of constitutional control bodies,
including Constitutional Court of the Russian Federation, in evaluation of justifiableness of amendments to the fundamental law of the state made by the other subjects of the constitutional legal relations and more detailed argumentations
in such cases that casual or abstract interpretation of the constitutional control body is resulted in changes of
informative components of constitutional provisions.
Keywords:
amendment to the Constitution, constitutionalism, sovereignty, constitutional control, limits of constitutional amendments, immutable provisions, the basic constitutional structure, Constitutional Court, power limits, interpretation.
Reference:
Sokolova A.A. (2013). Principles of Legal State in Constitutional
Models of Post-Soviet States: Issues
of Theoretical Reconstruction. Journal of Foreign Legislation and Comparative Law, 6, 1065–1070. https://en.nbpublish.com/library_read_article.php?id=64871
Abstract:
Actualization of the issue of theoretical reconstruction of post-Soviet states’ Constitutions and identification
of theoretical deformations in the embodiment of the principles of a legal state in constitutional models of post-Soviet
states are made in the article. Comparative analysis of the texts of the Constitution of the Republic of Belarus and the
Constitution of the Republic of Lithuania – two neighboring states that have a common history within the area of the
Great Lithuanian Principality, geographical vicinity and similar folk traditions – is represented by the author. The article
is devoted to justification of the process of implementation of a theoretical construction of a legal state into daily reality
by factors of economic, ideological and political character. Questioning the socialization of constitutional norms in the
public consciousness and the behavior of all-level officials and ordinary citizens; transformation of constitutional ideals
and values into a ‘lifestyle’ are researched by the author. The article represents an interdisciplinary research based on
author’s works in the field of legal theory and legal sociology. The article utilizes the methods of comparative legal analysis
and legal hermeneutics. In the end the author reaches the conclusion that the Belarusian constitutional model of a
legal state contains internal contradictions and shortcomings which, in addition to negative consequences for the practical
implementation of the model of a legal state, ‘force’ the representatives of legal science to justify the ‘distortions’
of the constitutional mechanism. First of all, these are the flaws related to the construction of branches of power, the
absence of a proper system of checks and balances, a strengthened position of presidential power at the expense of a
legislative one and the limited powers of the Constitutional Court. The article presents a range of various views on ways
of modernization of the Constitution and lays down an assertion on the admissibility of miscellaneous ways of constitutional
reconstruction under the main condition – the formation of a public sphere for a dialogue of equal actors –
the state and the civil society who are jointly responsible for the ‘destiny’ of the constitution.
Keywords:
socialization of constitutional norms, legal state model, principle of the rule of law, principle of separation of powers, public sphere, legal awareness, delegated legislation, legislative initiative, public sphere actors.
Reference:
Abuzyarova N.A. (2013). Constitutional Principles of the Organization of Work –
the Right to Work, Decent Work, Decent Wages. Journal of Foreign Legislation and Comparative Law, 6, 1071–1074. https://en.nbpublish.com/library_read_article.php?id=64872
Abstract:
This work analyzes the series concept and essence of the right to work, decent work, decent wages and the
need for their constitulization. In accordance with the author's intention and with regard to the above principles of work
organization consistently analyzed the general condition and disadvantages of wages in Russia because wages are still
under some turbulence (unjustified super differentiation of wage, low wages of most workers and the minimum wage).
According to the author’s position a democratic, economic and socio-political development of the society urgently require
transition from identifying the entity's contents wages as a concept, definition of the situation and the difficulty
to change the situation in the field of wage in accordance with Sec. 2 of the Constitution of the Russian Federation.
Keywords:
right to work, decent work, decent wages, the average wage, differentiation of wages, wages.
Reference:
Chebotarev G.N. (2013). Participation of Citizens in the Implementation
of Public Authority. Journal of Foreign Legislation and Comparative Law, 6, 1075–1079. https://en.nbpublish.com/library_read_article.php?id=64873
Abstract:
The author deals with the role of separation of powers by the horizontal principle on the state power and
municipal power. The author pays attention to the problems of public participation of citizens in the implementation
of public authority, including the aspects of information society. It ahs a significance because of the rile of information
resources in guaranteeing of the citizens’ right on participation in state governance as the other forms of public participation
in the implementation of public authority on the state and municipal levels.
Keywords:
public authority, citizen, Constitution, local self-governance, legislative initiative, information society.
Reference:
Ulyanov A.V. (2013). Balance of Private and Public Interests as Ideal
of Law in the System of Constitutional Regulation. Journal of Foreign Legislation and Comparative Law, 6, 1080–1083. https://en.nbpublish.com/library_read_article.php?id=64874
Abstract:
This article covers such important problem of jurisprudence as correlation of private interests and public interests
in the legal system. On the basis of analysis of law practice and constructs of legal theory author considers the category of balance with reference to private and public interests. The author argues his own novel attitude that the
balance must be regarded as ideal model in legal system. It is argued that public interests take materially priority over
private interests in keeping with this approach. It discusses the author’s conclusion, under which this paradigm may be
adapted to resolution of the collision of private and public interests within the particular legal relationship. The article
has both theoretical and practical importance and is meant for anyone interested in problems of legal science.
Keywords:
legal system, ideal of law, private interest, public interest, balance of interests, legal relationship, constitution, legal framework, juridical policy.
Reference:
Shalamova A.N. (2013). Some Issues of Lawmaking Process Effectiveness
in the Subjects of the Russian Federation. Journal of Foreign Legislation and Comparative Law, 6, 1084–1089. https://en.nbpublish.com/library_read_article.php?id=64875
Abstract:
The author of the article claims that the introduction of specialized fundamental norms into the fabric of
legal regulation and their adequate reflection in a normative-legal document by means of legal technique helps, firstly,
to avoid mistakes in lawmaking and law-enforcement, secondly, to attain more effective social action of the law. As a
result of the application of these norms positive opinion about the law is formed and the law becomes easier to understand
by an average person.
Keywords:
fundamental norms, constitution, legal technique, law, legal regulation, comparative law.
Reference:
Voronin M.V. (2013). Role of Primary Social Relations and its System
Cooperation in the Comparative Legal Analysis. Journal of Foreign Legislation and Comparative Law, 6, 1090–1094. https://en.nbpublish.com/library_read_article.php?id=64876
Abstract:
The target of research is a system approach in the comparative analysis. The subject of the research is primary
social relations and its system cooperation in comparative analysis. The primary social relations are the basis of
the system of law of different legal systems and its studying may help to enlarge the comparative legal research, increase
its representativeness and elicit genesis of system connections and cooperation of different legal systems. It will
encourage the increase of the effectiveness of legal regulation and overcoming the insularity of legislative evaluation.
The main issue in the methodologies of the research is methodological instruments of the common theory of systems
based on the paradigm of common system of the world around. The source of methodological provision of the article
is a system approach to research of law, which presume its apprehension in the context of structure, content and level
aspects of cognition of law.
Keywords:
models of cooperation, law, methodology, comparative law, comparative legal analysis, primary social relations, social relations, cooperation, system, private legal relations.
Reference:
Kurbanov R. A., Shvedkova O. V., Belyalova A. M. (2013). Analytical Review of the Work of the 97th Plenary
Session of the European Commission for Democracy
through Law (Venice Commission). Journal of Foreign Legislation and Comparative Law, 6, 1095–1103. https://en.nbpublish.com/library_read_article.php?id=64877
Abstract:
The analytical review of the work of the 97th plenary session of the European Commission for Democracy
through Law (Venice Commission) describes the main directions of activities of the Commission and analyses the documents
adopted at its December session of 2013.
Keywords:
European Commission for Democracy Through Law, Venice Commission, Council of Europe, opinions of the Venice Commission, reports of the Venice Commission, evaluation of legislative acts.