Reference:
Kabyshev, S.V..
Implementation of the Constitution
as the factor for sustainable and
progressive development of the state
// LEX RUSSICA (Russian Law).
2014. № 6.
P. 666-673.
DOI: 10.7256/1729-5920.2014.6.65024 URL: https://en.nbpublish.com/library_read_article.php?id=65024
Abstract:
The article is devoted to the problems of implementation of the Constitution of the Russian
Federation. The new challenge in the current agenda is the threat to the constitutional order. At the
same time, the society is threatened by the legal constitution of the government, while the government
is threatened with the de facto constitution of the society. The author considers that society should
have a special mechanism for the distribution of the social benefits, which are being produced. Politics
may not be such a mechanism. It is only law, which objectively possesses the function of distribution
of social benefits into individual ownership. The law implements the social function of distribution
of benefits. The goal of science within this process is to develop the novel constructions and to offer
new instruments for the most comprehensive and consecutive implementation of the constitutional
values into the everyday life of the society. It is offered: 1) to form the principally different culture of
development of legal acts, based upon the constitutional tradition; 2) to form the mechanism for the
constitutional monitoring, offering relevant evaluation criteria; 3) to develop theory and practice for
the constitutional regime of the new legal construction, covering the entire range of instruments in the
sphere of implementation of the Constitution.
Keywords:
jurisprudence, Constitution of the Russian Federation, forms of implementation of the Constitution, constitutional monitoring, constitutional regime, constitutional standards, constitutional values, constitutional traditions, legal constructions, legal values.
Reference:
Petrov, A.A..
The Constitution of Russia: a view
from the standpoint of theory of
hierarchical multi-level systems
// LEX RUSSICA (Russian Law).
2014. № 2.
P. 153-159.
DOI: 10.7256/1729-5920.2014.2.63838 URL: https://en.nbpublish.com/library_read_article.php?id=63838
Abstract:
The article is devoted to the issues of singling out hierarchically organized levels within the Constitution
of the Russian Federation. The author formulates the problem regarding the presence of a number of
hierarchically organized levels within the Constitution of the Russian Federation. The author studies specific
features of the part 2 of the Art. 16 of the Constitution of the Russian Federation from the standpoint of the
conflict of laws norms. It is noted that novelty and unique character of this norm were duly appreciated by the
researchers and writers of commentaries to the Constitution of the Russian Federation. It is stressed that such
a type of regulation finds no theoretical basis in the traditional theories of legal hierarchies. It is offered to
use the theory of hierarchical multi-level systems for the analysis of the situation. From the standpoint of the
theory of hierarchical multi-level systems the author views the specific features of the hierarchical priority of
conceptual provisions for the fundamentals of the constitutional order in the structure of the Constitution. It is
noted that these conceptual provisions behind the specific norms and normative generalizations form one of
the ultimate bases for the legal decision-making and interpretation of law.
Keywords:
the Constitution of the Russian Federation, the fundamentals of the constitutional order, hierarchy, priority, Constitutionalism, meaning of law, constitutional principles, hierarchy theory, constitutional structure, theory of law.
Reference:
Zabolotskikh, E.M..
Responsibility
of legislative (representative)
government bodies
of the constituent subjects
of the Russian Federation
// LEX RUSSICA (Russian Law).
2013. № 11.
P. 1184-1190.
DOI: 10.7256/1729-5920.2013.11.63444 URL: https://en.nbpublish.com/library_read_article.php?id=63444
Abstract:
In order to achieve efficient organization and legal interaction between federal and regional administrative
bodies, it is necessary on one hand to provide for legislative guarantees of independency of
government bodies of the constituent subjects of the Russian Federation, and on the other hand, to establish
precise forms of control and legal responsibility in the interests of preserving integrity of the state. The
article is devoted to the bases, specific features and procedure of application of dissolution of legislative
(representative) bodies of the constituent subjects of the Russian Federation as means of constitutional
legal responsibility. Much attention is paid to the problems of implementation of the responsibility of legislative
(representative) bodies of constituent subjects of the Russian Federation as viewed through the prism
of the practice of the Constitutional Court of the Russian Federation and the Constitutional (Ustav) Courts
of the constituent subjects of the Russian Federation. The author takes into account the new evolutionary
tendencies of legal regulation of such dissolution in Russia and abroad. The author also analyzes the elements
of constitutional offence from the standpoint of legal responsibility theory, with due attention paid
to object of offence.
Keywords:
jurisprudence, elements of crime, President, dissolution, constitutional legal responsibility, constituent subject of the Russian Federation, legislative body, constitution, lawfulness, constitutional court, preliminary termination of powers.
Reference:
Sergeev, D.B..
Substantial elements
of a municipal entity
// LEX RUSSICA (Russian Law).
2013. № 5.
P. 488-494.
DOI: 10.7256/1729-5920.2013.5.61418 URL: https://en.nbpublish.com/library_read_article.php?id=61418
Abstract:
The article is devoted to the differences between the scientific definition of the municipal entity and
its definition in legislative acts and judicial practice, as well as to the differences of municipal entity in jurisprudence
and other branches of science. The author comes to a conclusion that the scientific rules of definition
formation require accentuation on the substantial elements of the municipal entity, which differ it from other
types of public law entities. These elements include the greater degree of closeness to the people in comparison
with the other public law formation, organizational legal support to the local community in its municipal
self-government.
Keywords:
jurisprudence, municipal entity, elements of municipal entity, public law entity, municipal selfgovernment, local community, scientific definition, legal term, science of municipal law, elements of public law entity.
Reference:
Vorobiev S.M..
Discrimination violations
of human rights in Russia and abroad:
current conditions and the perspectives
for prevention
// LEX RUSSICA (Russian Law).
2013. № 2.
P. 135-142.
DOI: 10.7256/1729-5920.2013.2.62401 URL: https://en.nbpublish.com/library_read_article.php?id=62401
Abstract:
The object of study in this article includes social relations In the sphere of fighting discrimination in
Russia and in the Baltic states. The goal of the article is to characterize discrimination practices in the sphere
of human rights and the activities of the Plenipotentiary on Human Rights in Russia and the Plenipotentiaries
in the constituent subjects for the Russian Federation. The methodological basis for the scientific article includes
such scientific cognition principles, as historicism, objectivity, systemic character and complex character.
The results of this article are related to the legal characteristics of cases of discrimination in Russia and in
the Baltic states, as well as to the development of the Plenipotentiary on Human Rights as a legal institution.
The author also draws a parallel between discrimination and migration processes in the state. The conclusions
in this article may be used in educational and scientific work, while studying the problems of protection of human
rights, as well as in teaching Constitutional Law and Theory of State and Law.
Keywords:
jurisprudence, rights, person, discrimination, protection, violation, migration, state, law, violations.
Reference:
Narutto S.V..
Special territorial units within
the structure of Russian state
// LEX RUSSICA (Russian Law).
2013. № 2.
P. 143-154.
DOI: 10.7256/1729-5920.2013.2.62402 URL: https://en.nbpublish.com/library_read_article.php?id=62402
Abstract:
The article includes the study of various territorial units within the structure of the Russian Federation,
which were created for the sake of greater efficiency of government. The largest of such units are districts.
The author studies specific features of the legal regimes of federal, military, judicial, border and election
districts. Analyzing the consequences of the formation of Federal Districts in the Russian Federation, as well
as institution
Of the Plenipotentiaries of the President of the Russian Federation at the Federal Districts, the author notes
the systemic changes in the placement of many territorial units of the federal bodies, strengthening rule of
law, and greater manageability of the constituent subjects of the Russian Federation. The author views military
districts as territories, which are established in order to optimize the structures governing the Military
Forces of the Russian Federation, as military administrative units. She also analyzes the problems of judicial
districts as a type of judicial territory, to which the jurisdiction of justices of peace is applied. The author
views the order of formation of the referendum district and election districts, as well as the types of election
districts, which are territorial units for organization of elections and referendum in the territory of the Russian
Federation. Analyzing the regime of the border area, the author notes the lack of development of the Russian
border territory, if compared to the states, which actively use beneficial geographical factors, such as the territorial
closeness of potential foreign partners for the border trade. The author also views other territorial units,
such as territory of closed administrative territorial units, specialized economic zones, science cities. Having
studied the legislation on the innovative center «Skolkovo», the author pays attention to the fact that the
legislation mixes up the terms of «territory» and «plots of land», as well as to the fact that there are sub-soil
assets and waters on the territory of Skolkovo, but the legislator does not mention them. The author also pays
attention to the regime of specially protected natural territories, territories of traditional use of nature of the
native small-numbered peoples of the North, Siberia and the Far East of Russia. The author views the territory
of the capital (the capital territory), as well as the regime for the territory of «Baikonur», which is situated in
the Republic of Kazakhstan and rented by Russia.
Keywords:
jurisprudence, territory, state, districts, plots of land, Baikonur, capital, small-numbered, protected, natural.
Reference:
Vorobiev, S.M..
Constitutional legal bases
for fighting discrimination
in Russia
// LEX RUSSICA (Russian Law).
2013. № 1.
P. 16-24.
DOI: 10.7256/1729-5920.2013.1.62373 URL: https://en.nbpublish.com/library_read_article.php?id=62373
Abstract:
The object of this article is formed with the social relations in the sphere of fighting discrimination in
Russia. The goal of the article is to characterize the provisions of the Constitution of the Russian Federation
and other legislative acts in the sphere of protection of people from discrimination. The methodological basis
for this article includes such scientific cognitive principles, as historicism, objectivity, systematicity, complex
approach. The results of this article are related to the legal characteristics of the constitutional norms, which
serve as a basis for the protection of human rights from discrimination by the state in Russia. The article includes
analysis of correlation of discrimination and moral harm. The conclusions of this article may be used in
scientific and educational work in the sphere of protection of human rights. Therefore, the analysis of normative
legal acts of the Russian Federation shows that any violation of the constitutional rights and freedoms of
people is usually correlated with moral discriminatory harm.
Keywords:
jurisprudence, rights, violations, harm, person, discrimination, acts, responsibility, state, guarantees.