Обратная сила решений Конституционного Суда и исполненность судебных актов
The possibility of revising judicial acts that have entered into legal force and that differ from the positions
of the Constitutional Court is subject to the criterion developed in the practice of the Constitutional
Court, according to which judicial acts may be reviewed for new circumstances at the request of
persons who did not participate in the constitutional proceedings only if these judicial acts are not
executed or are partially executed. However, the content of this criterion has not yet been clarified.
What does execution mean in relation to a judicial act that does not require execution? The article
argues that the criterion of execution in this case should be interpreted independently: a judicial act
should be considered as non-executied (partially executed) only when, despite its entry into force, its
legal effect was not fully realized (the purpose constituting the content of the claim was not achieved).
Only one case falls under the criterion of the execution of judicial acts: when a judicial act that has
entered into force, based on the provision of the law, is subsequently recognized by the Constitutional
Court as unconstitutional directly or indirectly, the person is obliged to give, do, or provide something,
and this person who did not participate in the constitutional proceedings did not fulfill this obligation.
Article examines the case of Konstantin Markin, a military servant, who applied for the paid child care leave and was rejected due to the lack of regulation of this right in legislation on men - military servants. The case was considered by courts of general jurisdiction of Russia and by the Constitutional Court of Russian Federation, and then by the European Court on Human Rights. Due to the different understanding of norms on discrimination, CC of RF and ECHR came to different concusions. Article investigates how this conflict influenced Konstatin Markin, regulation of prohibition of discrimination in Russia and attitude of Russia towards ECHR decisions.
The Chapter deals with main issues of relations of the Russian legal order with the external ones, including the background of the international law in Russia; its current status,the role of the highest courts in the interaction with supranational legal orders and main issues that arise in connection with them. The analysis is given of the recent case-law of the Russian Constitutional Court in this area and main trends of its development.
About the Russian Federation Court System: its current state and future development prospects.The author analyses the current state of the Russian Court System and its future development prospects in the article. A whole number of measures concerning the Court System development is proposed. These measures include: clear definition of «the Court System» notion; organization of the separate second instance Courts for magistrates in the regional centres; the domestic constitutional justice arrangement; inter-regional and district Courts creation. The legality of restrictive provisions of distribution agreements under Russian civil legislation is frequently disputed by lawyers. However treatment of these provisions as an example of negative obligations may be used as an argument for their validity. Moreover the answer to the question, whether such provisions should be found as restricting legal capacity of the parties to the agreement or not, depends on the level of certainty of these provisions in the agreement.
development of the Court system; federalism; magistrates; Constitutional Сourt; specialization; inter-regional court; district court
distribution (distributorship) agreement, restrictive provisions, negative (passive) obligations, restriction of legal capacity
In the third edition of the textbook light out the issues of modern constitutional law of Russia. It has been prepared in accordens with educational standerts. It is recomended to students and teachers of law faculties, political scientists, economists, experts of the public administration
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/