Russian Federation Constitution Research Articles

Правовые аспекты реализации положений о Конституционном Собрании

The subject of research is the legal status of the Constitutional Assembly, whose powers include the consideration of questions the constitutional system, which are defined the National Security Strategy of the Russian Federation valid until 2020 as Russia´s national interests in the long term. In this article we focus on problems of realization provisions of the Constitutional Assembly, substantiates the necessity of the adopting the special law in order to regulate the functioning the necessity constitutional authority. The review of legislative initiatives on this issue is provided herein below. In order to ensure the effective functioning of the Constitutional Assembly the author has offered to settle the procedure for amending the Chapters 1, 2 and 9 of the Constitution of the Russian Federation. Conclusions promote maintaining legal and institutional mechanism for ensuring national interests by regulating the convening and functioning of the Constitutional Assembly.

О философском и юридическом смыслах права народа быть самим собой

In the present article the author makes an assumption that the wording of the preamble of the Constitution of the Russian Federation of 1993 that the multinational people of Russian «is united by a common fate on their land» is not just a decorative declaration, but has a profound philosophical, cultural, historical and legal grounds. This formula reflects the specific tradition, cultural identity and the «independence» of the Russian law and Russian statehood, the path of becoming of which at times diverge from the western, European one. This discrepancy can be explained in terms of philosophical debate between realists and nominalists, which, in part, is being continued by J. Rawls and J. Habermas. This debate, in author’s opinion, can bring clarity to the understanding of modern concepts of human rights, the idea of socio-historical basis of limitation of rights. This aspect is particularly important, bearing in mind the unfolding conflict of matching of so-called liberal European and traditional Russian legal values.

Predominantly single-channel funding of healthcare institutions: experience of the Republic of Tatarstan

In accordance with the Constitution of Russian Federation, the state guarantees health protection and access to free medical care in state healthcare institutions to each citizen. The questions of healthcare funding in Russia seem to be a topic of interest, especially considering the ongoing conversion to predominantly single-channel funding of healthcare institutions. Despite the lengthy discussions about the pros and cons of that system, experts have not come to a consensus about the need for universal introduction of predominantly single-channel funding of public healthcare institutions so far. The article reviews the experience of predominantlysingle-channel funding of healthcare institutions introduction and realization in the Republic of Tatarstan. The differentiation of funding duties in the region was studied; the ratio of funding sources of the Program of state guarantees for access to free-of-charge medical aid for Russian citizens was analyzed. The analysis showed that switching to predominantly single-channel funding of healthcare institutions does not lead to a major changes in healthcare funding system of Russian Federation and does not contribute to the immediate solution of the existing problems.

Legislating Problems in Russia

This paper analyzes the problems of law-making in Russia. In particular, the author writes about the process of making laws, a lack of resolution of this procedure. Uncivilized lobbying, corruption potential, the low level of legal culture officials - are called to be a part of the problem raised by the author. It is proposed to resolve the fundamental provisions in the legislative process by improving the preparation of informative bills, check their compliance with the Constitution of Russian Federation. mentioned research activities, which are supposed to make structure in process of creation and approval of laws.

ПОНЯТИЕ И СОДЕРЖАНИЕ КОНСТИТУЦИОННОГО ПРАВА ЛИЧНОСТИ НА ЗАНЯТИЕ ПРЕДПРИНИМАТЕЛЬСКОЙ ДЕЯТЕЛЬНОСТЬЮ ПО РОССИЙСКОМУ И НЕМЕЦКОМУ ПРАВУ

The article is devoted to the comparative law research of concept and declaratory of the constitutional law of person for enterprise according to Russian and German constitutional law. The author analyzes and compares the notion and content of this law, which has revealed its peculiarities according to other constitutional laws, embodied in Constitution of Russian Federation and in main law of Federal Republic of Germany.

КОНСТИТУЦИОННЫЙ ПРИНЦИП РАВЕНСТВА ПЕРЕД СУДОМ: МАТЕРИАЛЬНЫЙ И ПРОЦЕССУАЛЬНЫЙ АСПЕКТЫ

The article considers the specificity of the Russian Federation Constitution enshrined the principle of equality before the courts in relation to the adversarial principle. The author substantiates the idea that this principle has two aspects, expressing its essence: the substantive and procedural. In the material sense, it represents a concretization of the constitutional principle of equality and is largely associated with the provision of formal or de jure equality. Procedural aspects include the provision of real competition in the process, which in turn requires a «leveling» of the actual procedural status of the parties.

Is the Russian federation becoming more democratic? Moscow‐regional relations and the development of the post‐Soviet Russian State

This article addresses the condition of Russian democracy by focusing on the developing political relations between the central government and regional governments. A situation of profound ambivalence and ambiguity has evolved since ratification of the Russian Federation Constitution in December 1993. Regional governments have found it possible to gain a degree of political autonomy uncharacteristic of Russia's long historical experience, yet increasingly in line with global trends toward decentralization of governmental authority. Two political patterns in the current Russian Federation are explored, both of them promising broad and enduring significance. First, the political ambiguity of relations between the national government and regional authorities may provide the context in which divided government serves to enable democracy, despite the appearance of authoritarian rule in many regions themselves. Second, the nature of the interaction between the centre and regional authorities may be breaking new ground, in terms of flexible solutions to intra‐state relations among different levels of government. Because certain aspects of centre‐regional relations in the Russian Federation replicate comparable issues elsewhere (particularly regarding the ethnic‐territorial dimension of politics), the Federation's approaches and solutions to this aspect of state‐formation could suggest useful lessons for other parts of the world.

Land rights of the small peoples in Russian federation legislation

Abstract The author, who holds the Russian equivalent of a juris doctorate, examines the legal rights of northern First Peoples to land, as embodied in the Russian Federation Constitution, legislative acts of the Russian Federation (e.g., laws on environmental protection, subsurface resources, specially protected natural areas, the animal world), and executive orders and decrees. The paper, in addition to reviewing extant legislation, addresses the issue of how ethnic groups acquire the status of “native peoples,”; the rights of individual ethnic group members vis‐à‐vis those of the group as a whole, and the role of special agreements (treaties) versus legislation in ensuring land rights for native groups.

2. In the Case Concerning the Interpretation of Part 4 of Article 105 and Article 106 of the Constitution of the Russian Federation

2. In the Case Concerning the Interpretation of Part 4 of Article 105 and Article 106 of the Constitution of the Russian Federation