This article is dedicated to comparative analysis of the use of foreign law by constitutional courts. The authors explore various factors that motivate judges to refer to foreign legal sources, categorize the goals of citation, and provide a theoretical framework for judicial comparativism drawing on the theories of constitutional interpretation. The main findings of this analysis help to understand the Russian Constitutional Court’s emerging practice of explicit use of comparative arguments.
The article is devoted to the constitutional reform of 2020 in the part concerning the Constitutional Court of the Russian Federation. Reveals the innovations that define its legal nature as the Supreme judicial body of constitutional control, modifying Court authority to review constitutional complaints of citizens, cases of the possibility of execution by the Russian Federation of decisions of the interstate and other such bodies, making them mandatory outcomes in identifying the constitutional and legal meaning of the contested norm. Analyzed provisions of the new powers of the Constitutional Court for preventive control of laws on amendment of the Constitution of the Russian Federation, Federal and regional laws, and proposals for further regulation of relations in this sphere from the standpoint of the need to combine the preliminary and subsequent compliance assessment. The article assesses the changes affecting the organizational basis of the Constitutional Court: reduction of its number, appointment of the Chairman of the Court and his Deputy, termination of the powers of constitutional judges, including the named officials, by the Federation Council on the proposal of the President of the Russian Federation. In General, it is stated that novels reduce the independence and independence of the Constitutional Court of the Russian Federation, and can complicate its activities to exercise constitutional control. the Russian Soviet Federated Socialist Republic and the Russian Federation in addition the work analyzes the provisions of the 2020 Law amendments to the Constitution of the Russian Federation, defining the new status of senators of the Russian Federation.
The article examines the legal aspects of the transformation of the system of public (state and municipal) financial control, observed in the process of the ongoing transition of the Russian state to the digital economy and digital public administration. The existing prerequisites for the construction of a new paradigm of control in the field of public Finance are considered and the main new (digital) mechanisms used in the activities of regulatory authorities are analyzed. The work mainly involved the formal-dogmatic method of research and the method of referring to the borderline branch of legal Sciences. As part of the second method, some works on civil and labor law were analyzed in terms of the use of new digital technologies. It was concluded that digitalization allows to conduct state (municipal) financial control at a completely new level, but it also entails new problems (risks), the identification and elimination of which is yet to be implemented.
The article describes the ILO 169 Convention as one of the most important international legal act on indigenous peoples’ rights. Authors analyze the USSR and Russian Federation’ attempts to ratify it. The article illustrates the Conventions’ impact on Russian legislation about indigenous small-numbered peoples with its deficiencies and scope for improving according to the Convention’s requirements.
The question of the constitutional legal interaction between the President, the Government and other bodies of the executive power is described in this article. The essence of coordination within the President and the Government interaction is revealed here. Author describes the problems and gives recommendations how to improve the legislation development in this sphere. The conclusion is given about a President role in the state mechanism. Despite on President do not relate to any branch of power, he implements functions of the executive power in fact.
The article is devoted to the problems of constitutional control in the subjects of the Russian Federation. The article examines its origins related to the formation and functioning of constitutional (statutory) courts at this level, reveals the reasons that did not allow the constitutional justice of the subjects of the Russian Federation to become a full-fledged state legal institution for 30 years. It is shown how, as a result of the constitutional reform, these courts were abolished, and a recommendation of the federal legislator appeared on the creation of constitutional (statutory) councils under the legislative (representative) state authorities of the subjects of the Russian Federation instead of them. The article analyzes the legal regulation of the organization and activities of such bodies in domestic and foreign practice. Taking this into account and based on the existing constitutional and legal possibilities, proposals are formulated on the status of these councils (their nature, the procedure for their formation and work, powers and decisions), which allows them to be an effective body of constitutional (statutory) control in the subjects of the Russian Federation.