Izvestiya of Saratov University.
ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)


Law

Social media in the context of Russian and German Constitutional Law

Introduction. The role of social media is objectively increasing in modern digital information space. They are much involved in shaping public opinion while democracy and civil society are being built and developed. Social media also contribute to the freedom of speech guaranteed by the Constitution. In the context of globalization, the development of state legal regulation often turns to the implementation of the rules which have already been tested in other countries.

“Khrushchev Constitution”: The path of a new constitutionalism

Introduction. Scientific research on the process of preparing and developing the draft Constitution of the USSR in 1964 began to appear only in the post-Soviet period. In Soviet times, this topic was banned, and the project itself, being in the archive, was not available for research. The study of the “Khrushchev Constitution” only started in the post-Soviet period.

International legal problems of compensation for harm that does not have a specific injurer

Introduction. The article deals with the problem of compensation for damage in the absence of a specific injurer through investigating two problems of international law related to the formation of space debris and pollution of the World Ocean. Theoretical analysis. Acts of international law and the actual increase in the amount of space debris and the level of pollution of the World Ocean are studied, and proposals to reduce threats to space flights and marine bioresources are made.

Manifestation of Resistance in Constitutional Law (the Case Study of Decisions of the Constitutional Court of the Russian Federation and the European Court of Human Rights)

Introduction. The article is devoted to the analysis of conflicts between the interpretation of decisions of the Constitutional Court of the Russian Federation and the European Court of Human Rights in the context of a particular problem and how the resistance of national legislation to acts of an international character is manifested. Theoretical analysis.

Public Control in the Sphere of Formation and Functioning of the Executive Power Bodies in the Russian Federation

Introduction. Public control in a democratic state embraces the entire public administration system. One of the most important objects of such control is the activity of executive authorities. Theoretical analysis. The main trajectory of the development of public control in the sphere of executive power is relations associated with the formation and direct activity of executive bodies, as well as their officials. Empirical analysis.

A Citizen of the Russian Federation is a Subject of Public Control in Russia

Introduction. Public control is an attribute of a developed civil society in the state. In Russia, the Federal law regulating the procedure for public control was adopted in 2014. This law has established a limited range of subjects of public control in Russia, however, current legislation indicates the actual inclusion of other subjects not stipulated in the law in this mechanism.

Imbalance of the Law as a Factor of Counteraction to Its Implementation

Introduction. The article analyzes a particular manifestation of a defective state of legal matter that occurs in the content of acts of the highest legal force, leading to imbalance of the law and imbalance of legal regulation. The main task is to show the consequences of an unbalanced law, which are expressed in situations of counteraction to its implementation, and difficulties in achieving legally significant goals by various subjects of relations.

The Issue of the Legitimacy of Modern Constitutional Reform

Introduction. The reform of the Basic Law throughout the modern history of Russia has been determined by the political expediency of transforming the presidential power. Until the mid-2000s the constitutional inviolability supported by the authorities was aimed at preserving its political stability. Theoretical analysis. The Russian Federation has entered a new stage of constitutional development, due to the need for constitutionalization – giving a legitimate character to the prevailing presidential power.

Legal Certainty and Democracy: What the “Constitutional Legislator” Allows

Introduction. The article analyzes the legal certainty of the individual as the stability of the content of fundamental rights and freedoms in the context of democratic processes of reforming the current legislation and the Constitution of the Russian Federation. Theoretical analysis. The article notes that the need for stability of fundamental human rights and freedoms is in some contradiction with their dynamic, evolutionary nature.

Judiciary and Constitutional Balance

Introduction. The article analyzes the prerequisites for changing the Constitution of the Russian Federation existing in the system of Russian law. For Russia, having a quarter-century legislative experience under conditions of democratic socio-political relations and a market economy, the issue of assessing the potential of the current edition of the Constitution is extremely relevant. Theoretical analysis.

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