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Vol 15, No 2 (2019)
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КОНСТИТУЦИЯ РФ И КОНСТИТУЦИОНАЛИЗАЦИЯ ПРАВА И ПРАВОПОРЯДКА

5-19 262
Abstract
The article raises the problem of radical rethinking of the branch structure of modern legal science in connection with objectively predetermined changes in the subject of constitutional law. The analysis of a wide range of actual scientific positions leads to the conclusion that the subject characteristic of the modern science of the Russian constitutional law reveals the functions traditionally inherent in the theory of law and the state. In close connection with the philosophy of judicial constitutionalism, it is responsible for the full development of the text of the Constitution of the Russian Federation, the development of a universal concept of law from the standpoint of constitutional law, plays a leading role in the development of the theory of constitutionalization of the national legal system and the theory of the use of constitutional rights. In General, this perception of the nature and purpose of the science of constitutional law remains rather controversial. However, according to the author, it is currently the only vector of scientific identity for jurisprudence.
20-26 281
Abstract
The article deals with the most common approaches to the problem of determining the subject of constitutional law in the modern constitutional literature. Based on the analysis of the value of the practice of the constitutional Court of the Russian Federation, the conclusion is made about the advantage of the approach to the issue, which interprets the subject of constitutional law very widely, and the constitutional law itself is considered as a special mega- or meta-branch of the system of Russian law. The consistent development of this point of view is the justification for the introduction in Russia of mandatory preliminary regulatory control in respect of the laws adopted by the Federal Assembly of the Russian Federation, which, in turn, can cause certain problems in the development of domestic constitutional justice.
27-34 249
Abstract
This article is devoted to the 25th anniversary of the Constitution of the Russian Federation. The article analyzes the changes that have occurred during this time in the legal regulation of the spiritual sphere of society. Taking into account the historical conditions of the adoption of the Constitution of Russia in 1993, it is noticeable orientation on the principles of liberalism and individualism in culture. The Constitution enshrines human rights and freedoms as the highest value and renounces the existence of a state ideology. On the example of acts of the President of the Russian Federation on national security shows the gradual transformation of state policy in the spiritual sphere, the rejection of the principles of liberalism and individualism, a return to the traditional spiritual and moral values of Russia. In the constitutional law of Russia, there was a conflict of values related to the spiritual life of society. On the one hand, it is proclaimed that human rights and freedoms in the spiritual sphere have priority, on the other hand, the policy of cultural sovereignty of the country is implemented. The article raises the problem of cultural extremism, examines its ambiguous relationship with the strengthening of the role of the state in the cultural sphere. The issues of constitutional axiology are considered in relation to the problems under consideration. The authors come to the conclusion about the equal constitutional and legal value of human rights and freedoms in the cultural sphere and cultural sovereignty of the state, the need to combine these two values.
35-41 915
Abstract
The article deals with the main scientific approaches to the understanding of the principle of separation of powers, shows the difference between the principle of “division of labor”, “division of functions” between the authorities from the principle of separation of powers, which should be understood as the division of powers between organizationally separate and independent bodies of state power. The article also shows that the separation of powers does not imply absolute isolation, isolation of the branches of power, but, on the contrary, requires their coordinated functioning and interaction. The study raises the problem of the ratio of the principle of separation of powers with the principle of indivisibility of sovereignty. The author comes to the conclusion that sovereignty extends to all power and can not be partial, therefore it is impossible to allocate several sovereign powers, the principle of “separation of powers” does not involve the separation of powers, not the creation of three sovereign powers, and the division of the implementation of a single sovereign power by various state bodies.

КОНСТИТУЦИЯ РФ, ВЫБОРЫ И КОНСТИТУЦИОНАЛИЗАЦИЯ ОРГАНОВ ПУБЛИЧНОЙ ВЛАСТИ

42-45 166
Abstract
The article describes the main trends in the development of modern electoral legislation. The author focuses on the main directions of development of electoral legislation, describes their content, the problems associated with their implementation, including from the practice of the Election Commission of the Novosibirsk Region. The author touches upon the provisions of the Russian Federation legislation related to the emergence of a new public control institution over elections - the Civic Chamber of the Russian Federation and civic chambers of the constituent entities of the Russian Federation. Discloses the benefits of video surveillance. The author narrates about the pros and cons of the Mobile Voter mechanism. Trends in legislation on Russian Federation elections related to the single voting day transfer are considered.
46-55 474
Abstract
In the article, the author analyzes the mechanisms of legal regulation of municipal elections, highlights the problems arising during their conduct. Particular attention is drawn to the uncertainty of the legal status of municipal election commissions, their inclusion / non-inclusion in the structure of local governments. According to the author, a negative point in the conduct of municipal elections is the widespread use of the institution of imposing the authority of one election commission on another. On the example of the appointment of a by-election of deputies of representative bodies of local self-government, the article demonstrates the incomplete consistency of municipal and electoral legislation.
56-63 133
Abstract
From the position of the author, methodological recommendations of election commissions play a significant role in regulating the process of organizing and conducting elections. Based on the practice of the activity of the Tomsk City Municipal Election Commission, the author concludes that the obligation of business entities to ensure equal conditions for the payment of campaign materials requires additional regulation through the adoption of special acts containing methodological standards. It is also necessary to make changes to Federal Law No. 67-FZ to simplify the work of election commissions with information on the value sent by individual entrepreneurs and organizations. Currently, the legal community is actively discussing the possibility of adopting the federal electoral code of the Russian Federation, in this regard, the author draws attention to the need to preserve the practice of developing and adopting methodological measures by election commissions.
64-71 151
Abstract
The article discusses the process of collecting signatures as a basis for registering a candidate, lists of candidates for municipal elections. Using the example of elections to the representative body of Novosibirsk, the process of registering lists of candidates in a single electoral district, the procedure for issuing and verifying subscription lists, and the grounds for recognizing signatures invalid are analyzed. The article highlights the main problems of the institute for collecting signatures in the system of municipal democracy and offers to change the institute for collecting signatures, which will eliminate the excessive formalization of this institution and improve the quality of the procedures necessary for registering a candidate, lists of candidates. The study also substantiates the need to include the state services information portal in the electoral process as an important step towards reforming the signature collection institution in order to develop e-democracy tools.

КОНСТИТУЦИЯ РФ, РЕГИОНАЛЬНОЕ И МУНИЦИПАЛЬНОЕ ПРАВО

72-77 226
Abstract
The article is written that the Constitution of the Russian Federation laid down the economic conditions for the existence of local self-government. But municipalities have almost no effective municipal property left, and the task of local governments is to preserve the existing facilities and extract benefits from them for the population. The implementation of the rights of possession, use and disposal of municipal property is carried out by local authorities, among other things, and in specific forms of management and control. The article shows the options of fraudulently seizing objects that are in municipal ownership due to lack of control. Municipal property has a public character, serves to meet the needs of the entire municipality, which necessitates proper control over the management and disposal of municipal property, so the article also proposes options for improving the procedure for its implementation.
78-82 387
Abstract
The purpose of the paper is the research of municipal and legal policy in the field of territorial organization of the local self-government in relation to novations in federal legislation introduced in 2014 and 2017. Federal law of 03.04.2017 № 62-FL formalized in legislation the procedure of unification of all the residences, which compose municipal district with urban district with ensuing elimination of the municipal district. On the ground of the comparative analysis of legislation and materials of legal practice several conclusions were drawn. It has been noted that Federal law № 62-FL legislatively regulated only one way of urban district formation on the ground of municipal districts, which has formed in the practice of RF territorial entities. However, in the case where all the municipal districts in a subject of Russian Federation will be reorganized into urban districts, it will lead to the elimination of the settlement level of local government and to a transition to the single level system of local government.
83-87 139
Abstract
The article deals with the problems of constitutionalization of legislative activity of the subjects of the Russian Federation from the standpoint of securing elements of the status of a deputy of a legislative (representative) body of a subject of the Russian Federation and a deputy, a member of an elected local government body. The correlation of the federal and regional legislative regulation on this issue is analyzed, as well as the judicial practice of the Constitutional Court of the Russian Federation. Different approaches to the normative consolidation of individual elements of the status of regional and municipal deputies are shown.
88-92 159
Abstract
The article deals with the Audit Chamber of Novosibirsk Region in the field of financial control of state procurement. During the analysis, a number of problems were identified, including those related to the methodological and regulatory support of state procurement audit activities. The existing shortcomings in the conduct and implementation of the results of audits are revealed and recommendations are proposed to improve the efficiency of the use of regional budget funds. Also, it justified the need to develop a unified standard and a system of integrated indicators for conducting an audit of state procurement at the federal level. A system for evaluating the effectiveness of state procurement has been proposed, in terms of budgetary savings, in relation to socio-economic goals (how well the funds spent meet socially important needs).

КОНСТИТУЦИЯ РФ, ПРАВА ЧЕЛОВЕКА И ДОСТОИНСТВО ЛИЧНОСТИ

93-104 2188
Abstract
The article discusses the issues of nature and the value of human dignity in constitutional and international discourse, how the Constitution of the Russian Federation regulates the human dignity, the doctrinal and judicial constitutionalization of human dignity, the divergent nature and legal polymorphism of human dignity as a legal category
105-110 397
Abstract
The article has goal to analyze the institution of constitutionalization of reproductive rights of a person and a citizen in the Russian Federation and identifying Constitution’s role in the process the realization and ensuring this type of somatic claims. The article provides the author’s definition of the category of reproductive rights, provides the classification of reproductive rights. The author has analyzed Constitution’s norms, which are the basis for the constitu- tionalization of reproductive rights of a person and a citizen in the Russian Federation.
111-116 196
Abstract
The article has a complex character and in addition to theoretical provisions on subjective right and abuse of it, reveals the existing forms of abuse of the constitutional right to appeal and the measures of legal responsibility applied in this case. The article also outlines the possible prospects of modernization of the legal mechanism of responsibility for the abuse of the constitutional right to appeal in the developing information society.
117-122 345
Abstract
Having studied legal theories about the dignity of the person, the author agrees with the offered advantage categorization in constitutional right as supreme constitutional value as basic personal right as element of constitutional legal status of the personality. In the Russian concept of the rights and freedoms of the person the feature of approach to human dignity consists in understanding of dignity of the person as constitutional value and as important element of constitutional legal status of the personality. As a result of the analysis of the international agreements, the constitutional legislation of Russia and foreign countries the similarity and differences in legal understanding and fixing of human right on advantage are noted. Features of constitutional and legal recognition of human right on advantage and on its protection in the Russian Federation are revealed. Author's definition of dignity of the person and human right on advantage is given. Permission of the legal collisions connected with human right on advantage seems in giving to this right of the status of the absolute right both in international, and in the constitutional legislation of Russia and foreign countries.


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ISSN 2542-0410 (Print)