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List of publications on a keyword: «Constitutional Court»

  • Implementation of Article 48 of the Constitution of the Russian Federation: from qualification requirements to accessibility of "legal aid" – a problematic and polemical option

    Book Chapter
    Economic and Legal Processes: Issues, Strategic Guidelines, Monitoring
    Author:
    Svetlana L. Paevskaia
    Work direction:
    Глава 15
    Abstract:
    The chapter examines the constitutional right to qualified legal assistance enshrined in Article 48 of the Constitution of the Russian Federation. The author analyzes the concept and legal nature of this right, its correlation with international standards, its structure and system of guarantees. Based on the analysis of federal and regional legislation, the legal positions of the Constitutional Court and procedural codes, the specifics of the right’s implementation in criminal, civil, arbitration and administrative proceedings, as well as in the system of free legal aid, are considered. The main problems are identified: the absence of a unified law on professional legal assistance, inconsistent qualification requirements, limited availability of free legal aid and regional inequality, shortcomings of state-appointed defense counsel. Measures to improve legislation are proposed.
    Keywords:
    Constitutional Court, free legal aid, qualified legal assistance, Article 48 of the Constitution, bar, educational requirement, court representation
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  • Judicial protection of entrepreneurs’ rights

    Conference Paper
    Strategies of Sustainable Development: Social, Law and External-economic Aspects
    Author:
    Indira N. Ziganshina
    Work direction:
    Актуальные вопросы юриспруденции
    Abstract:
    The article is devoted to the judicial protection of the rights of legal entities and individual entrepreneurs in the Russian Federation. The paper defines the criteria for distinguishing between the jurisdiction of arbitration courts and courts of general jurisdiction in disputes involving entrepreneurs; it identifies problems related to the application of interim measures and the pre‑trial (claim) procedure for appealing decisions. An assessment is made of the proportionality of restrictions on entrepreneurs’ rights imposed by state control (supervision) bodies. Based on the results, proposals are formulated to improve procedural legislation, and the need to expand judicial control over the interference of public authorities in business activities is substantiated.
    Keywords:
    legal entity, judicial protection, individual entrepreneur, state control, rights of entrepreneurs, arbitration court, pre‑trial procedure, interim measures, Constitutional Court of the Russian Federation
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  • 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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  • 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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