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Regular version of the site
Of all publications in the section: 159
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Article
Афанасьева С. Д. Сравнительное конституционное обозрение. 2013. № 4. С. 41-48.

The article discusses the evolution of the “public use” concept (Fifth Amendment to the U.S. Constitution); how a specific approach was reflected in the judicial and legislative practice and, consequently, in the overall picture of regulation of the Eminent Domain institute in the Constitutional Law of the United States of America. 

 

 

Added: Dec 7, 2013
Article
Краснов М. А. Сравнительное конституционное обозрение. 2016. № 1. С. 77-91.
Added: Feb 21, 2016
Article
Горски М. Сравнительное конституционное обозрение. 2013. № 4.

This article is focused on the presentation of the application of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereafter: Convention) in the judicial practice of the Constitutional Tribunal of the Republic of Poland. First chapter presents the scope of substantive jurisdiction of the Tribunal. Second chapter deals with the interactions between the Polish Constitution and the Convention. Third chapter focuses on the practice of referring to the Convention in the rulings of the Polish constitutional court. Finally, the fourth chapter is devoted to drawing conclusions. This article is based on the assumption that the practice of the Constitutional Court’s application of the Convention is incoherent and should be structured and systemised.

Added: Jul 19, 2013
Article
Сунгуров А. Ю., Захарова А. Е. Сравнительное конституционное обозрение. 2019. № 2 (129). С. 124-138.

The development of regional constitutional justice has become an important issue not only for law but also for politics. However, the main emphasis in modern studies has shifted towards the study of primarily legal aspects of the activities of constitutional (statutory) courts. The authors consider that regional constitutional justice has a mixed political and legal nature and requires an interdisciplinary approach based on studying not only the legal but also the political conditions of constitutional courts. In this article, the authors conduct a comparative political and legal analysis of the experience of the emergence and evolution of four statutory courts in the subjects of the Russian Federation: Sverdlovsk, Kaliningrad, Chelyabinsk, and Saint Petersburg. The authors show that as the political regime in Russia and its regions evolves towards monocentricity, one can observe either a decrease in the level of their capabilities and powers or their liquidation, as it happened with the Statutory Court in the Chelyabinsk Region. The most significant changes in the powers of the Statutory Court are noted in SaintPetersburg, with the reason for these changes being a series of decisions that were unfavorable for the current governor. Three of the current statutory courts were created between the years of 1998–2003, while the fourth, which was in the Chelyabinsk region, appeared much later in 2012, but was eliminated in the beginning of 2014, immediately after a new governor came to power. Making decisions that contradict the actions of representatives of the legislative and executive authorities resulted in negative consequences for statutory courts: limiting powers, reducing the funding and composition of the court, and reducing the number of alleged cases. Today, interest in the activities of the statutory and constitutional Courts in the Russian regions is also connected with the possibility of their “awakening”, as it happened with the Constitutional Court of the Republic of Ingushetia in the autumn of 2018.

Added: Nov 2, 2019
Article
Сунгуров А. Ю., Захарова А. Е. Сравнительное конституционное обозрение. 2019. №  2 (129). С. 124-138.

The development of regional constitutional justice has become an important issue not only for law but also for politics. However, the main emphasis in modern studies is shifted towards the study of primarily legal aspects of the activities of constitutional (statutory) courts. The authors consider that regional constitutional justice has a mixed political and legal nature and requires an interdisciplinary approach based on studying not only legal but also political conditions of constitutional (statutory) courts. In this article, the authors conduct a comparative political and legal analysis of the experience of the emergence and evolution of four statutory courts in the subjects of the Russian Federation – in the Sverdlovsk, Kaliningrad, Chelyabinsk regions and in St. Petersburg. It is shown that as the political regime in Russia and its regions evolves towards monocentricity, there can be observed either a decrease in the level of their capabilities and powers or their liquidation, as it happened with the Statutory Court in the Chelyabinsk Region. The most significant changes in the powers of the Statutory Court are noted in St. Petersburg, the reason for what are decisions that were unfavorable for the current governor. Three of the current statutory courts were created in the range of 1998–2003, the fourth – in the Chelyabinsk region – appeared much later – in 2012, but was eliminated in the beginning of 2014, immediately after the change of the governor. Making decisions that contradict the actions of representatives of the legislative and executive authorities resulted in negative consequences for statutory courts: limiting powers, reducing funding and composition of the court, reducing the number of alleged cases. Interest in the activities of the statutory and constitutional Courts in the Russian regions today is also connected with the possibility of their “awakening”, as it happened with the Constitutional Court of the Republic of Ingushetia in the autumn of 2018.

Added: Nov 26, 2020
Article
Медушевский А. Н. Сравнительное конституционное обозрение. 2008. № 1. С. 4-23.
Added: Oct 12, 2012
Article
Сырунина Т. М. Сравнительное конституционное обозрение. 2007. № 4(61). С. 15-21.
Added: Jan 10, 2013
Article
Масленникова С. В. Сравнительное конституционное обозрение. 2008. № 4. С. 115-121.
Added: Oct 12, 2012
Article
Гаджиев Г. А. Сравнительное конституционное обозрение. 2010. № 1. С. 81-89.
Added: Jan 28, 2011
Article
Петербургский М. Ю. Сравнительное конституционное обозрение. 2019. Т. 128. № 1. С. 79-91.

The problem of realizing the language rights of national minorities, enshrining them in legislation, and establishing measures for their provision and protection are of particular interest. This is due to the fact that the vitality of the languages of national minorities is a key issue for the preservation of the ethnic and cultural diversity of the state. With the derogation of language rights and guarantees, small languages are supplanted by the majority language (as a rule, the state language). The speakers of these languages either gradually withdraw from participation in the public life of the state, or are assimilated with the titular nation, losing their ethnocultural identity. According to the author, the educational sphere is a life-giving environment for the normal functioning and development of languages. The relevance of the article is driven by recent changes in the Russian legislation on education, which proclaimed the non-obligation to study national languages in national subjects of the Russian Federation. “Turning off” languages from the educational plan will inevitably lead to their extinction, which, in the conditions of the tendency of gradual loss of many national languages of Russia and reduced interest in them among young representatives of national minorities, leads to ethno-cultural unification, which is inconsistent with the meaning of leading international documents. An attempt is made to analyze international and national legislation in terms of the norms on language, the question of language status is also raised. The current problems of teaching national languages in Russia are analyzed. The author concludes that Russian legislation regarding the norms on language requires a number of serious corrections and suggests ways to solve the educational issue in the context of the preservation of minority languages. Nevertheless, it becomes obvious that not all languages can get equal distribution due to the linguistic features of a number of languages. Languages whose features do not allow them to be included in full use in the public sector should be subject to enhanced protection in a socio-cultural focus.

Added: Oct 24, 2020