National Mechanism for Judicial Protection of Fundamental Human and Civil Rights and Freedoms in the Context of Federal Relations

Introduction. The Constitution of the Russian Federation contains enough material in terms of proclaiming and implementing a large volume of human and civil rights and freedoms. However, the proclamation is not enough, and, therefore, the state creates a national mechanism of state protection to ensure, if necessary, the restoration of human and civil rights and freedoms. The article offers an analysis of the judicial mechanism of state protection of human and civil rights and freedoms, as the most universal and absolute, in particular, the activities of the Constitutional Court as the highest judicial body carrying out constitutional proceedings for the protection of basic human and civil rights and freedoms, and similar bodies of subjects. Theoretical analysis. The regulation of human and civil rights and freedoms is based on a set of constitutional norms that define them, as directly applicable, regulate the procedure for the implementation of these rights and freedoms, and establish guarantees for their implementation. Constitutional norms, thus, form the basis of the national mechanism for the protection of rights and freedoms. The state mechanism, in addition to constitutional norms, also includes state institutions for the protection of rights and freedoms, created at both the federal and regional levels. Empirical analysis. The right to judicial protection is presented through the analysis of the legal positions of the Constitutional Court of the Russian Federation, in which a logical sequence is built in relation to the right to judicial protection itself, the right to protection from certain acts, actions of public authorities, as well as equality in the exercise of this right in relation to certain persons. Results. The author gives a critical analysis of the limitations of the right to judicial protection, including the right to file complaints with the constitutional justice bodies, and formulates proposals to secure broad opportunities for citizens to appeal to the constitutional (statutory) court.

New Principles of Federalism: Guarantee of Territorial Integrity and Sovereignty of the Russian Federation

Introduction. The article is devoted to the analysis of constitutional and legal regulation of the issues of Russian federalism, namely the preservation of territorial integrity and sovereignty of the Russian Federation. Theoretical analysis. The author considers the main results of developments in the Russian Federation and in foreign states in the sphere of ensuring national sovereignty. The author aso looks at the results of the referendum on independence in individual countries, attempts of introduction of new standards of international law directly limiting the sovereignty of states, the instability of the situation in the socio-political spheres of constituent entities of the Russian Federation, Association of regions, Federal districts. The author formulates the thesis that the problem of preservation of territorial integrity, the sovereignty of our country is particularly relevant and requires elaboration of the mechanism for its preservation and maintenance. Since the scope of legal regulation of this issue in the current legislation is insufficient, the author also proposes the ways of improving the Constitution of the Russian Federation, other normative legal acts in terms of securing new principles of federalism and guarantees of their implementation. Results. The author notes that the creation of a mechanism, that would ensure the preservation of the territorial integrity of Russia and would reliably guarantee the unity of our state, is necessary to preserve the sovereignty and territorial integrity of the state. To this end, the author proposes to include in the Constitution of the Russian Federation the principles of federalism, which could ensure the preservation of the territorial integrity of the state, would become guarantees of state sovereignty in crisis situations. These principles include the following: 1. Ban on holding referendums with separatist issues. 2. The possibility of direct presidential rule. 3. Prohibition of secession including unilaterally. 4. The principle of the supremacy of national legislation. It is also necessary to provide a mechanism to defend their rights in the international arena, to exclude the mandatory application of the decisions of international organizations that threaten state sovereignty.

Creation of the Federal State (Comparative Historical and State-studying Analysis)

Introduction. International turbulence and instability of state policy that took place during the last decade of the global financial and economic crisis put forward supplements to research approaches to federalism. The comparative historical and state-studying analysis of federalism is becoming relevant. Theoretical analysis. It is revealed that the division of federations into contractual and constitutional ones is relevant only for studying the process of federalization, but not for the functioning of the federation. These conceptual categories reveal neither the essence of federalization, nor the content of federalism. Federalization is a complex process of establishing a federal state, which includes long-term prerequisites and short-term reasons, stages of proto-federalization. Empirical analysis. The comparative historical and state-studying analysis of the process of creating a federal state is carried out. Results. The comparative analysis of the establishment of federal states reflects practical and theoretical significance. As a result of the completion of this process, a system of constitutional-legal and socio-political coordinates is laid, the foundation of state and administrative traditions is created. The more prepared this process is from the beginning, the greater the chances for it to develop successfully are. On the contrary, the immaturity of its initial conditions can lead to certain setbacks, slow development. 

The System of Russian Legislation: a Three-level Vertical Subordination

Introduction. The article is devoted to the study of structure of system of the modern Russian legislation, which reflected the principles of organization and activity of public authority in Russia, including the principle of federalism, the analysis of the actual structure of the legal system. Purpose. The main objective of this manuscript is to design the structure of the modern Russian legislation on the basis of theoretical ideas about it, and also taking into account the principles of the organization of public power. Results. On the basis of available scientific research questions and issues of the chosen topic the analysis of horizontal and vertical structure of the system of Russian legislation, as well as criteria for the allocation of levels and sections of the system of sources of the applicable law. It studies the system of sources of law on the level of subjects of the Russian Federation and municipal entities, as well as the legal position of the constitutional Court of the Russian Federation on the implementation of public authority in Russia. Conclusion. According to the results of the study the conclusion is drawn on that the vertical structure of the system of Russian legislation, the public authority and legal force of legal acts, which allows to identify its two cutoff: externally-frame and internally-rank.