Законодательная инициатива как инструмент реализации конституционных полномочий Президента Российской Федерации
The amendments of 2020 to the Russian Constitution changed the model of separation of powers by strengthening the role of the Presidents as a real head of the executive and by weakening the role of the Chairman of the Government, introduced additional guarantees in the case of mpeachment or initiation of criminal prosecution, allowed him to stay in office for two more terms and also made the judiciary, including the Constitutional court, and the prosecution authorities dependent on him through the nomination and dismissal procedure. The move from mixed system of government to the presidential one was introduced in the public discourse as an insignificant and purely technical one, while the main emphasis was made on social and ideological blocks of newly introduced amendments. The necessity of them was justified in mass media and public statements of the government officials by the desire to improve the social security of Russian citizens, guarantee more serious protection of the state’s sovereignty from the foreign influence in the legal filed and constitutionalize traditional values, including the memory about the victory and heroism in Great Patriotic War as well as recognition of marriage solely as a union of man and woman. The article contains analysis of the so-called “social amendments” in the context of the theoretical views of legal scholars on social rights and casts doubts on constitutionalization of these rights in the chapter on federalism vis-à-vis their declaration in the first two chapters of the Constitution, which contains the list of fundamental rights, including social, economic and cultural ones. It is argued, that social policy issues could have been resolved within the existing framework of 1993 Constitution and the executive had enough powers to deal with them. In addition, the principle of solidarity of generations as a characteristics of the pension system, if introduced to the Constitution, would deprive the government of flexibility in the adjustment of this system to the economic situation, employment market and social structure of Russian population. Other proposed amendments are also disputable, because justiciable rights are now mixed in one chapter with norms, declaring goals, and such approach devaluates the text of Constitution as a directly applicable act. The indispensable connection of human rights with separation of powers is demonstrated in terms of classical constitutionalism. The analysis shows that social bloc of amendments was used to mask the amendments on separation of powers, which strengthen the powers of the President and allow the acting President to stay at power for two additional terms.
Based on a comprehensive analysis of regulations the features of record keeping practices development in the course of performance by public officials and authorities of their functions to process citizens appeals under “prikaz”, collegiate and ministerial system of government is discussed. The author emphasizes that the general framework of the document workflow in the above context has been developed as early as in the days of the “prikaz” system establishment, while the subsequent legislative initiatives were designed to improve the manner and means of complaints administration in Russia.
Due to the intensification of public interest to legislative initiatives pending decisions of members of the 6th Convocation of the State Duma some aspects of passage of a bill through parliament including process of preparation of documents within legislative package become rather interesting either for professional jurists or usual citizens. Currently Russian law-making is regulated by the provisions of the statutory and subordinate legislation and frequently becomes subject to scientific research. At the same time its execution and documentary support are the results of the gradual evolution of the administrative relations within the supreme government bodies in the Russian Empire of the nineteenth century. A detailed analysis of the practice of legal implementation of legislative and administrative initiatives in the supreme authorities’ collective bodies of the Russian Empire is represented. Administration acts used for fixing primary proposals on improvement of legislation and specific administrative tasks, as well as documents containing decisions taken by a public authority and warranting the regulation formation are taken into consideration. The author defines the position of the administration act in the legal practice of the absolute monarchy.
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/