The article contains the rationale for the need for the Russian constitutional science to pay close attention to modern anti-corruption standards that penetrate the normative fabric of power relations as the subject of constitutional and legal regulation. This process not only should not be hindered, but it is necessary to develop it, adapt it to the traditional national studies, introduce relevant concepts and problems into a wide scientific circulation. It is hypothesized that the implementation of international anti-corruption obligations can be a realistic way to optimize domestic constitutional legislation and practice.
This article provides an example of the positive impact of GRECO's evaluation mechanism as an authoritative institution of the Council of Europe on the development of Russian constitutional legislation. The fourth evaluation round of GRECO is devoted to a topic with a significant constitutional content (Corruption prevention in respect of members of parliament, judges and prosecutors). This is not a unique situation, since the previous GRECO evaluation round examined, among other things, the transparency of the financing of political parties, and before that – issues of immunity of officials from criminal prosecution and other problems with the constitutional component.
A brief analysis of the main provisions of the GRECO Report, compiled on the basis of the Fourth evaluation round, is presented. In particular, it highlights a number of recommendations that address GRECO's concerns about the imbalance of powers in the implementation of anti-corruption control measures in respect to Federal parliamentarians, as well as in the mechanism of appointment of Federal judges. By analogy with the implementation of the recommendations of the Third GRECO evaluation round regarding the transparency of the financing of political parties, it is assumed that the Fourth evaluation round of The Russian Federation will be quite successful from a formal point of view. However, with regard to the substantive work to take into account, it is possible to predict certain difficulties, so there is a need for a more intensive exchange of positions of specialists in this field.
In order to make it easier for constitutionalists and other interested experts to conduct research on this issue, the article provides a brief analysis of the sequence of implementation of all evaluation rounds of GRECO in Russia with references to the primary sources. The sequence of the main judgments in this material is based mainly on the use of formal-legal and comparative methods.
Рецензия, НОРМЫ, классификация, виды, Конституционное право
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.
The article is devoted to analysis of means to protect civil rights in election process in context of applying the rules on identity paper of the Russian Federation citizen. The situation of denying the right to vote in consular post electoral district using the passport of the Russian Federation citizen is used as an example of such problem.
The present article shows the problems related to difficulties of adaptation to Russian conditions of the classical theory of separation of powers; draws attention to the consequences of the ideas which in the treatise of Montesquieu "De l'esprit des lois" feed the principle of separation of powers. The author also points out a number of popular themes of Russian constitutional-law discussion which often distort the attention from the essence and assignment of the idea of separation of powers in the constitutional law.
The author of the article proposes his understanding of a number of problems of development of the Russian informational legislation and notes that it is necessary to more precisely determine in the doctrine and legislation the hierarchy of informational values as values of openness of the state setting by it a clear vector of movement and uniting all trends and efforts in one direction.