Contents of issue # 12/2013

The Constitutional Court in the Legal System of the Russian Federation

S. D. Knyazev

doctor of jurisprudence, professor

E-mail: Knyazev@ksrf.ru

The article comprises the analysis of the role of the Constitutional Court of the Russian Federation in the process of formation of democratic, rule of law and social Russian state. The author focuses on the fact that it’s essentially the constitutional jurisprudence that makes it possible to develop the adequate perception of human rights as the primary constitutional value, to define the nature and to unfold the significance of the principles stipulated in the Constitution, to ensure the harmonization of Russian legislation with the commonly recognized principles and norms of International law, to delineate the constitutional meaning of legal provisions subjected to the Constitutional Court review.

Keywords: the Constitution of the Russian Federation, the Constitutional Court of the Russian Federation, constitutional principles, constitutional interpretation of laws, harmonization of national and European jurisdictions, implementation of the Constitutional Court of the Russian Federation rulings.

DOI: 10.12737/1543

A Word about the Constitutional Terminology

V. E. Chirkin

doctor of jurisprudence, professor

E-mail: vechirkin@yandex.ru

The article discusses the many inaccuracies and mistakes, even established in the world and the Russian constitutional terminology. Sometimes some of the language is so firmly established that we don’t even notice some constitutional imperfections. In preparing the draft constitutions should take into account the new realities of our time.

Keywords: constitutional terminology, constitutional imptrfections, public authority, the republics of the Russian Federation, adoption of law, economic constitution.

DOI: 10.12737/1544

Legal Positions of the Constitutional Court of the Russian Federation on Civil Law Questions

O. N. Sadikov

doctor of jurisprudence, professor

E-mail: civil@izak.ru

Legal positions formulated by the Constitutional Court of the Russian Federation in his decisions are obligatory for all Russian courts, state agencies and social organisations. The author examines legal positions of the Constitutional Court on following civil law questions; limitation and protection of ownership, freedom of contract, recovery of damage and penalty, limitation of actions.

Keywords: the Constitutional Court of the Russian Federation, legal position, ownership, freedom of contract, damage, penalty, liability of the carrier, limitation of actions.

DOI: 10.12737/1545

Constitutional Legal Relations: Impact on Legal System

D. N. Mironov

doctor of jurisprudence, professor

E-mail: konsud@sakha.gov.ru

In science of law mark out role of the constitutionalism, of the constitutional values, court’s constitutionalism in assure of development legal system. The solution of the task is bound up with role of the constitutional relations. This article focuses on some aspects of the problem.

Keywords: legal system, constitutionalism, constitutional values, constitutional relations, forms and means of the impact on legal system.

DOI: 10.12737/1546

On Certain Notions of Municipal Law

V. I. Vasilyev

doctor of jurisprudence, professor

E-mail: const@izak.ru

The author analyzes some normative notions used in the Federal Law “On General Principles on Local Self-Government in the Russian Federation” and suggests proposals for their adjusting.

Keywords: matters of local significance, powers of local authorities, federal sectoral legislation, the right of local authorities to decide matters which are not vested in matters of local significance.

DOI: 10.12737/1547

Realization of Constitutional Principles of Family Law in the Russian Legislation

M. L. Shelyutto

PhD in law

E-mail: civil@izak.ru

The article attends to the legislative decisions, which are not consistent with constitutional principles of family law — gender equality, equal parental responsibility for maintenance and upbringing of their child, proportionality in restriction on family rights, protection of matrimonial property.

Keywords: family law, gender equality, child maintenance, adoption, maternal capital, matrimonial property.

DOI: 10.12737/1548

Freedom of Conscience: Theory and Practice of Limitations of Rights in the Russian Federation

E. E. Nikitina

PhD in law

E-mail: const@izak.ru

In article some problems of formation of the complete theory of human rights in Russia, in particular the concept of restriction of the rights are considered; the main reasons influencing on realization of institute of constitutional human and civil rights and freedoms are revealed; various cases of illegal restriction of the human rights by the example of the right to freedom of worship and religion are considered.

Keywords: theory of human rights, restrictions of the rights and freedoms, institute of constitutional rights and freedoms, rights to freedom of worship and religion.

DOI: 10.12737/1549

Protection of Interests of Citizens in Case of Conflict of their Personal Nonproperty Rights

E. E. Bogdanova

doctor of jurisprudence

E-mail: bogdanova.ee@yandex.ru

In presented article the author, applying the categories of good faith and reasonableness, investigates questions at issue of protection of interests of citizens in cases of the conflict of the personal non-property rights, that is situations when the subjective civil rights belonging to different persons, can’t be performed by them in full. The possibility of application to such situations the compensation of non-pecuniary damage is analyzed.

Keywords: conflict of the rights, good faith, reasonableness, balance of interests, compensation of non-pecuniary damage.

DOI: 10.12737/1550

Guarantees of Provision of Social Protection of Judges

V. L. Barankov

E-mail: social7@izak.ru

The concept of social protection of judges — one of the most important guarantees of ensuring their independence is analyzed; classification of social guarantees of judges is given. Questions of life insurance and health of judges, coordination of relationship of judges and members of their families with territorial bodies of health care and the medical organizations are considered.

Keywords: justice, health care, social protection of judges, mandatory health insurance.

DOI: 10.12737/1551

Issues of Counteraction against Extremism in the Legislation of the CIS

A. G. Nikitin

PhD in law, associate professor

E-mail: anikitin@ieml.ru

The conceptual and terminological analysis of the model and national legal system on counteraction of extremist activity of the states — participants of the CIS is given. The following problems of this sphere of the legislation are revealed: lack of a full-fledged legal basis of counteraction to extremism; mismatch of a conceptual framework; existence of a large number of estimated concepts; pretentiousness of legal regulation.

Keywords: extremism, extremist activity, the Commonwealth of Independent States.

DOI: 10.12737/1552

Syndicated Landing in Russian and English Law

D. I. Gravin

E-mail: editor2@izak.ru

This article deals with syndicated loans governed by Russian law, analyses legal nature of such agreements. It also relates to inter-creditors arrangements and amendments to be proposed to Russian law.

Keywords: syndicated loans, English law, Russian law, facility agreement, intercreditors agreement, co-pledgees.

DOI: 10.12737/1553

Provisional Application of International Treaties: Practice of States

B. I. Osminin

PhD in law

E-mail: mp3@izak.ru

The provisional application of international treaties is analyzed from the perspectives of both international and domestic law. Provisional application is based on an international agreement. It may be prescribed by the treaty, or it may be subject of a subsidiary agreement. In every case, it constitutes a distinct agreement. Provided that it is valid the agreement on provisional application produces the same effects as any international agreement and as such, it is subject to the principle pacta sunt servanda. The article analyses the practice of different states on provisional application of international treaties.

Keywords: provisional application, agreement on provisional application, provisionally applied treaties, the principle pacta sunt servanda, “soft” law, termination of provisional application, the International Law Commission, the Vienna Convention on the Law of Treaties.

DOI: 10.12737/1554

Mutual Impact of International and Domestic Law in the Field of Cross-Border Protection of Intellectual Property Rights

S. A. Agamagomedova

Е-mail: saniyat_aga@mail.ru

Legal regulation of cross-border protection of intellectual property rights at the present stage, the level of international, national and supranational law. International standards on cross-border protection of intellectual property rights have a significant impact on the formation and development of national legislation in this field. In the context of international integration in the Eurasian economic space is increasingly important to the supranational level through regulation of the legislation of the Customs Union.

Keywords: intellectual property, cross-border protection, the Customs Union, international law, the European Union, customs regulation.

DOI: 10.12737/1555

Turnover of Electronic Funds: Civil Law Issues

M. A. Korostelev

Е-mail: korostelevsky@yandex.ru

The article is devoted to the definition of electronic money according to Russian legislation, its legal nature, legal mechanism of its transfer, to the question whether electronic money is legal tender in Russia as well as to the question whether electronic money emission constitutes deposit taking activity.

Keywords: electronic money, electronic money legal nature, legal mechanism of electronic money transfer, legal tender, electronic money emission.

DOI: 10.12737/1556

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