The Constitutional Status of the President of the Russian Federation in View of the Constitutional Reform in Russia

Dzidzoev, Ruslan M.

doi:10.18572/1812-3767-2020-10-33-36

Cited by 4 publications

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“…Таким образом, в международном сообществе встречаются государства, которые юридически являются унитарными, но по некоторым показателям автономии и самоуправления своих регионов они превосходят многие страны, официально являющиеся федерациями. Например, если сравнивать официально унитарные государства Италию и Испанию с Индийской республикой, юридически являющейся федерацией, то степень децентрализации властных полномочий по вертикали у первых значительно выше, чем у второй [8]. В этом случае мы наблюдаем смешение двух форм государственного устройства при отсутствии четких критериев выделения различных их форм.…”

Section: анализ понятия формы государства с позиции теории праваunclassified

Atypical forms of state structure: the example of an empire

Skvoznikov

2024

Vektor nauki Tol’attin. gos. univ., Ser. Urid. nauki

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In the science of the theory of state and law, a problem related to the classification of forms of state structure has arisen. The traditional approach to the form of state structure, within which it is customary to distinguish unified (unitary) and constituent (federal) states, does not reflect contemporary life realities. There are no clear criteria in legal science for dividing states into unified and constituent ones. The paper considers various approaches to the problem of classifying forms of state structure in contemporary legal theory. The author concludes that the traditional three-element approach to the form of state (form of government, form of organization and political regime) has methodologically exhausted itself and does not reflect the current state of affairs. All elements of the state form are closely interrelated and are in an unbreakable dialectical unity. The form of government largely determines the form of the territorial structure, as well as the methods of interaction between the authorities and the population (political regime). The nature of the relationship between the center and the regions (constituent entities) based on the centralization or decentralization principle, largely depends on the form of government. As a rule, the republican form of government determines the federal (decentralized) form of state-territorial structure and the democratic political regime. At the same time, the real possibility of functioning of republican institutions (election and alternation of government authorities) and the implementation of the federalism principles (the actual independence of the constituent parts of the state) largely depend on the political regime. In the context of an authoritarian (totalitarian) political regime, the republican form of government and the federal form of government enshrined in legislation are conditional in nature – in fact, they cannot be implemented. The purpose of the work is to analyze the forms of state structure in contemporary legal theory and identify the essential features of empire as a special form of state structure.

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Section: анализ понятия формы государства с позиции теории праваunclassified

Atypical forms of state structure: the example of an empire

Skvoznikov

2024

Vektor nauki Tol’attin. gos. univ., Ser. Urid. nauki

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Constitutional amendment 2020: from legal technique to legal meaning

Осетров¹

2021

Juridical Journal of Samara University

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In the article, some features of legal technique of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation On the improving regulation of certain issues of the organization and functioning of public authorities are observed. The author of the article pays attention to the difficulties of the legal understanding of some new provisions of the Constitution of Russia. In this context, the author concludes, that such constitutional provisions can be clarified by formation of legal positions by the Constitutional Court of Russia and by the adoption of amendments to the current legislation. Besides, in the article attention is paid to the need of rethinking of certain being formed legal positions of the Constitutional Court of Russia in the context of changing powers of public authorities. It is marked, that the forming of legal certainty regime is an urgent guarantee of the warning of the constitutional conflicts.

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The Constitutionality of Legal Measures During the Spread of COVID-19

Demchenko

2023

Политика И Общество

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The emergence of a novel coronavirus infection posed a major challenge to the global community and necessitated urgent and extraordinary measures to minimize the consequences of the pandemic. In the history of modern Russia, this was the first time a national emergency had occurred. Under such circumstances, the State needed an emergency response that also involved a regulatory mechanism. Of course, the regime of legal regulation in emergency situations has significant differences from everyday legal regulation. The author examines in detail the issue of constitutional and legal regulation of emergencies of this kind and analyzes and correlates it with actual legal regulation. Peculiarities of public authorities' organizational activity in pandemic conditions are investigated. Particular attention is paid to human rights during the spread of COVID-19. The author concludes that rather than applying the existing and well-defined regulations outlined in the Federal Constitutional Law "About the State of Emergency" from May 30, 2001 (¹ 3-FKZ), which stipulates the implementation of a state of emergency throughout the country or in specific areas, the ruling authorities have opted for an alternative legal approach. This decision has resulted in a swift modification of the emergency legislation, with its own set of consequences. The main problem, in the author's opinion, lies in the misapplication of the provisions of the Constitution of the Russian Federation, since from the systematic and interrelated interpretation of Articles 55 and 56 of the Constitution of the Russian Federation follows that they regulate the same social relations. However, article 56, unlike article 55, has special grounds for the application, so the principle of lex specialis derogate legi generali should be applied to them—that is, preference should be given to a special norm. In addition, the author proposes the adoption of a single legal act that would unify the different types of emergency situations and provide systematic and orderly legal regulation.

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The Constitutional Status of the President of the Russian Federation in View of the Constitutional Reform in Russia

Cited by 4 publications

References 0 publications

Atypical forms of state structure: the example of an empire

Atypical forms of state structure: the example of an empire

Constitutional amendment 2020: from legal technique to legal meaning

The Constitutionality of Legal Measures During the Spread of COVID-19

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