Правовые позиции Конституционного Суда Российской Федерации (на примере органов внутренних дел)
The article is devoted to the implementation of the legal positions of the constitutional Court of the Russian Federation concerning the activities of the internal Affairs bodies. Statistical indicators of the appeals of the constitutional Court of the Russian Federation received by the Ministry of internal Affairs of Russia in 2017 – the first half of 2018 are considered. The most important Decisions of the constitutional Court of the Russian Federation concerning activity of the Ministry of internal Affairs of Russia accepted for the specified period are analyzed. The author substantiates the proposal to improve the efficiency of legislative activity on the implementation of the decisions of the constitutional Court of the Russian Federation.
The present article concerns an important practical problem that more than once appeared when the Constitutional Court was considering appeals of citizens. The author touches upon constitutional-law aspects of delimitation of theoreticallaw categories “legal regulation”, “limitation” and “denial” of rights and freedoms of man and citizen in effectuation of judicial interpretation. The author’s position is based upon the idea of axiological-oriented interpretations of provisions of the Constitution of the RF that contains inter alia some critical thoughts on this topic.
In spite of numerous researches in the said sphere of the science of constitutional law at present there is no more or less unambiguous understanding of legal nature of decisions of the Constitutional Court of the Russian Federation and also those peculiarities which are conditioned thereby. In this connection the purpose of the present article is the attempt to work out the most general approaches (normalization, exhaustibility of normalization and etc.) to the understanding of this problem.
The article analyses the principle of equal tax burden perspectives on decisions of the Constitutional Court of the Russian Federation. The author notes the principle equal tax burden is based on the principle of non discrimination and has international law and constitutional law nature. The paper includes discrimination causes: organisational and legal form of entrepreneurial activity, location of taxpayer, amount of profits and others.
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/