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List of publications on a keyword: «Constitution»

  • The Problems of Applying the Theory of Ratio Decidendi in the Formation of the Legal Positions of the Constitutional Court of the Russian Federation on the Example of Decisions on Compulsory Pension Insurance

    Book Chapter
    Development of the Russian socio-economic system: challenges and prospects
    Author:
    Andrei B. Ivaniuzhenko
    Work direction:
    Глава 9
    Abstract:
    The chapter considers the theory of ratio decidendi as a method of interpreting the law and decision-making in common law countries, borrowed by the Constitutional Court of the Russian Federation to develop legal positions set out in its Decisions. The author, considering numerous Decisions of the Constitutional Court of the Russian Federation, including in the field of pension protection of the population, concludes that this theory cannot be applied in the Russian legal system in the sense in which it is understood in common law countries. Quotations from the works of foreign specialists are made in the author's translation.
    Keywords:
    common law, precedent, ratio decidendi, obiter dictum, legal position, Constitutional court, pension insurance system, Roman law, dissenting opinion, cause and effect
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  • Constitutional-legal and financial-legal prerequisites for the introduction of the concept of «Social Escalator» into Russian legislation on mandatory pension in-surance

    Book Chapter
    Economics and Law
    Author:
    Andrei B. Ivaniuzhenko
    Work direction:
    Глава 6
    Abstract:
    The chapter contains an analysis of certain properties of the Constitution of the Russian Federation as a normative legal act and the extension of these properties to the legislation on compulsory pension insurance. The author draws conclusions about the timelessness, stability and historicism of the Basic Law of Russia. The norms-principles contained in the Constitution allow assessing the sectoral legislation on mandatory pension insurance for its stability, durability and consistency. Analyzing problems of legislation on compulsory pension insurance, author concludes that optimal for development of these legal relations at obligatory non-contradiction of norm-principles fixed in Constitution will be introduction of "Social escalator" concept into legislation, substantiating continuity of insurance cycles.
    Keywords:
    pension insurance, Constitution, historicism, indefinite validity, pension formula, Social Fund, Social escalator, normative-legal act
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  • The evolution of the constitutional right to education and its implementation

    Proceeding
    Days of Student Science
    Authors:
    Kirill A. Iziumov, Nina B. Larionova
    Work direction:
    Современные гуманитарные науки и проблемы языкознания
    Abstract:
    The article discusses the development of the right of citizens to education in Russia and shows the features of its implementation in the RSFSR and at the present time. A comparative historical analysis of changes, which were influenced not only by historical events, but also by modern challenges that require constant movement and development, was carried out.
    Keywords:
    education, the Constitution of the Russian Federation, the constitutional right to education, the Constitution of the RSFSR, the realization of the right to education
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  • The British Constitution as an example of an unwritten constitution

    Proceeding
    Days of Student Science
    Authors:
    Ekaterina A. Kolobynina, Kadriia N. Gafiullina
    Work direction:
    Современные гуманитарные науки и проблемы языкознания
    Abstract:
    The article discusses the features of the unwritten Constitution of Great Britain, the question of the existence of a constitution in this country, controversial issues. The author believes that the unwritten constitution has the right to exist. Some legal scholars and lawyers do not consider the English constitution to be unwritten, since both precedents and statutes are set out in writing. Thus the United Kingdom has a written but uncodified constitution. Its peculiarity is that it consists of statutory law, common law and constitutional agreements, is a living, mobile act and is currently not completed, continues to develop and change.
    Keywords:
    unwritten constitution, Great Britain, precedent, statute law
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  • Development of grants in Kazakhstan through the prism of the right to freedom of labor

    Theses of Report
    Days of Student Science
    Authors:
    Kairat M. Kuchukov, Dil'naz A. Abdukerimova
    Work direction:
    Актуальные проблемы юридической науки и практики
    Abstract:
    Contradiction of paragraph 17 of Art. 47 Law of the Republic of Kazakhstan "On Education" Art. 24 of the Constitution of the Republic of Kazakhstan. The right of state grant holders to freedom of labor and choice of occupation. Search for dispositive methods for solving the problem of "brain drain".
    Keywords:
    education, labor, law, Constitution, freedom, grant
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  • Capital Punishment is not Justice

    Proceeding
    Days of Student Science
    Authors:
    Veronika A. Kudriavtseva, Elina G. Saifutdinova, Elena A. Neliubina
    Work direction:
    Актуальные проблемы юридической науки и практики
    Abstract:
    The article focuses on the problem of the death penalty. The legislation of the Russian Federation and the United States of America on this subject is compared to identify the degree of humanity of each of them in the modern world.
    Keywords:
    punishment, justice, Constitution, death penalty, humanity
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  • Sources of Formation of Legal Positions of Russian Highest Judicial Bodies

    Book Chapter
    Economics and Law
    Author:
    Mariia V. Globa
    Work direction:
    Глава 7
    Abstract:
    The present study is devoted to determining the place and role of legal positions of higher judicial bodies of Russia (judicial legal positions) in the mechanism of legal regulation. Let us specify in advance that the author means the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation (taking into account the 2014 amendments made to the legislation concerning the liquidation of the Supreme Arbitration Court of the Russian Federation) as the higher judicial bodies of Russia. Establishing the meaning and role of judicial legal positions in the mechanism of legal regulation is carried out by the author of this study through the analysis and demonstration of the main sources of formation of legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation. In this regard, the author of this work identifies as sources of formation of judicial legal positions: legal and non-legal. Non-legal sources of formation of legal positions of the highest courts of Russia differ from the legal ones in the fact that initially they do not have material expression, exist in the abstract, however, have no less importance for the process of formation of judicial legal positions. To the legal sources of creating legal positions of the highest judicial bodies of Russia the author includes: formal sources of law, current legal practice, legal doctrine. As non-legal sources of formation of legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation are: the inner conviction of a judge and professional legal consciousness of a judge. The author of this scientific research consistently reveals the importance and role of each source of formation of judicial legal positions. The conducted study of the most significant sources of formation of judicial legal positions allowed to better understand the place of legal positions of higher courts of Russia in the legal system and their role in legal regulation, which is reduced not just to the interpretation of judicial acts, but also to the formation of new legal provisions, which ultimately form a uniform judicial practice. Methodological basis of the study consisted of: analysis, synthesis, comparative-legal method, deduction, induction and other ways of knowledge used in science. Scientific conclusions and proposals contained in this work may serve as a basis for further theoretical study of the problems of judicial legal positions and used in the activities of legislative and law enforcement bodies.
    Keywords:
    legal regulation, judicial legal position, sources of formation of judicial legal positions, the highest judicial bodies of Russia, judicial decision, judicial bodies, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the mechanism of legal regulation
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  • Sudebnaia zashchita prav grazhdan kak konstitutsionnaia garantiia: aktual'nye voprosy

    Book Chapter
    Economics and Law
    Author:
    Larisa V. Yun
    Work direction:
    Глава 2. Право
    Abstract:
    The article deals with the importance of judicial protection of citizens ' rights, which is one of the constitutional guarantees, including in the course of constitutional control aimed at restoring and protecting violated constitutional rights and freedoms of a person and citizen. Constitutional control is directly reflected in the rights and freedoms of man and citizen, which are the highest value in the State. The exercise of constitutional control in the Russian Federation is an important element in the system of ensuring, protecting and defending constitutional rights and liberties of man and citizen, as well as the development of a legal, democratic and social state. On the basis of the principle of separation of powers, the bodies of constitutional control belong to the judicial branch of State authority.
    Keywords:
    constitutional justice, protection of human and civil rights, protection of human and civil liberties, constitutional control
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  • Constitutional Consolidation of Family Values in the Russian Federation

    Proceeding
    Socio-Cultural and Psychological Problems of the Modern Family: Current Issues of Assistance and Support
    Author:
    Elizaveta G. Tronina
    Work direction:
    Teching of family values: partnership of family, school and society
    Abstract:
    The article deals with the issues of constitutional and legal regulation of the family institution, which ensures the continuity of generations, natural repro-duction and harmonious transformation of social experience, historical and cultural traditions in modern conditions. The author emphasizes the special role of constitutional guarantees of support for family values with their determining influence on the formation of a fully developed humanistic personality, harmonious spiritual, moral, intellectual and physical development of the child. The article defines the special significance of the constitutional norms established as a result of changes approved at the all-Russian vote on July 1, 2020 on amendments to the Constitution of the Russian Federation for strengthening the institution of marriage and family relations and raising the status of the family as the basis of society. The author comes to the conclusion that the Constitution as the fundamental law of the state establishes the basic traditional values of family, motherhood, fatherhood and childhood, support and protection of which is essential to the preservation and re-production of the multinational people of Russia, a continuous change of genera-tions and the harmonious development of the whole society and the state.
    Keywords:
    motherhood, family, tradition, family values, Constitution, father-hood, childhood, marriage and family relations
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  • Sociocultural and Anthropoecological Distinctive Features of Pedagogical Discourse

    Research Article
    Ethnic Culture No 1 (2)
    Author:
    Maksim V. Kochetkov
    Work direction:
    History, Theory and Practice of Ethno-cultural Education
    Abstract:
    The relevance of the study is due to the complexity of socio-cultural reality due to the aggravation of the contradiction between globalization and national-oriented processes, the increasing struggle of cultures, economies and ideologies, and the acceleration of scientific and technological progress. The purpose of the article is to consider sociocultural and anthropoecological distinctive features of pedagogical discourse. The author points out that anthropo-innovations, such as genetic engineering, cyborgization, cloning, integration with artificial intelligence, pharmaceutical advances, and GMO products threaten the existence of a person in his or her mental and physical integrity. The restriction of anthropological innovations is due to spiritual revival, reliance on traditional cultures, as well as the best cultural and pedagogical national experience, and is determined by the understanding of the soul as an integrating component of a person. In the Humanities, the description of an increasingly complex socio-cultural reality is closely related to its description in the context of various discursive plans. This approach is also promising for pedagogy. At the same time, modern trends in the development of the discursive approach “blur” the boundaries of pedagogical knowledge. The article presents a highly specialized definition of pedagogical discourse. During the study the following methods were applied: analysis of legal documents and scientific and methodical literature. It is proved that the pedagogical category “zone of proximal development” in its socio-cultural and anthropo-ecological contexts favors understanding of the distinctive features of educational and pedagogical discourse. It is concluded that orientation to the zone of proximal development of the individual contributes to the consistency of the socio-cultural experience, including nationally oriented components, transmitted by the teacher, with the life experience of the student, favors his or her emotional involvement in the educational process.
    Keywords:
    communicative competence, pedagogical system, pedagogical process, discourse, zone of proximal development, nationally oriented education, transhumanism, Constitution of the Russian Federation
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  • Deiatel'nost' obshchestvennykh obedinenii, sozdavaemykh i funktsioniruiushchikh s uchastiem gosudarstva, v obespechenii uslovii realizatsii konstitutsionnogo prava na okhranu zdorov'ia i meditsinskuiu pomoshch' v Rossiiskoi Federatsii

    Book Chapter
    Culture. Science. Education: modern trends
    Author:
    Margarita I. Litovkina
    Work direction:
    Глава 2. Наука
    Abstract:
    The article presents the main provisions regarding the activities of some civic associations, which are formed and functioning with the participation of the state. The attention is paid to the role of the Civic Chamber of the Russian Federation, which implements public control measures in the field of health protection, including the measures in the framework of interaction with the Ministry of Health of the Russian Federation. In addition, the significance of the All-Russian civic movement «People’s Front» For Russia» in the ensuring conditions for exercising the constitutional right on health protection and medical care by citizens is noted. At the present time the activities of civic associations, which are formed and functioning with the participation of the state in the field of health protection can be considered in the system of guarantees that allows implementing above mentioned constitutional right.
    Keywords:
    state, legislation, constitutional right on health protection and medical care, Civic Chamber of the Russian Federation, Community Council, civic association

  • Sotsial'no-orientirovannye nekommercheskie organizatsii i obshchestvennye obedineniia v sfere okhrany zdorov'ia: konstitutsionno-pravovye i organizatsionnye aspekty deiatel'nosti v Rossiiskoi Federatsii

    Book Chapter
    Culture. Science. Education
    Author:
    Margarita I. Litovkina
    Work direction:
    Глава 2. Наука
    Abstract:
    Procedural and institutional aspects of non-profit organizations and private associations creation that provide services in the field of healthcare in the Russian Federation are considered in the article. Their functions related to the implementation of the constitutional right on health protection and medical care are defined; the attention is drawn to the state participation in their activities.
    Keywords:
    state, legislation, healthcare, constitutional right, health protection, medical care, private association, socially oriented non-profit organization

  • Model of the constitutionalism in the development of modern Russian legal education

    Research Article
    Development of education No 1 (1)
    Author:
    Iskander A. Sadykov
    Work direction:
    Theoretical and applied research in education
    Abstract:
    The article studies the development processes of Russian legal education, which should be based on the idea of implementing a model of constitutionalism. The attention of the author is paid to the problems of legal understanding, the construction of a state based on the rule of law, the goal of which should be the establishment of coordinated interaction between all subjects of legal relations – the state, society, personality, which need to be paid attention by modern law education. The paper notes that the assertion of a constitutionalism model in society as a general social value is connected with the authority of fair legislation.
    Keywords:
    personality, model of constitutionalism, legal understanding, principles of law, state, society, modern legal education
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