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

Law

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.

The Principle of Universality and the Reasonableness of Limiting Passive Suffrage

Introduction. The principle of universality is put forward in the first place among the principles of suffrage, and means the provision by the state of the majority of its citizens with the right to participate in the formation of public authorities. However, universality is not absolute and involves certain exceptions in the form of conditions for the realization of the right to be elected and requirements for candidates for deputies and for an elected post.

The Role of the Russian State in Shaping the Information Society Development Strategy

Introduction. Internet technologies at the turn of the XX–XXI centuries radically affected all spheres of public life, led to a revolutionary leap in the development of Russian civilization.

Information and Communication Culture as a Condition for the Realization of Some Rights of Citizens (the Case Study of Procedural Legislation)

Introduction. The article is devoted to the analysis of the significance of the level of development of information and communication culture of citizens for the exercise of their rights in the trial. The internetization and digitalization that have taken over the world make us take a fresh look at the need to comprehend the level of formation of the information and communication culture in the law-making process.

The Legal State as a Problem of Professional Consciousness of Lawyers

Introduction. There is no sufficient difference in comprehension of the law-governed state in legal literature and research. Focusing on the existing theories of the law-governed state, modern authors of scientific publications and manuals compose lists of features of the “true law-governed state”, “welfare state” as well as their antipode – “police ridden state”. Theoretical analysis. The phenomenon of the law-governed state is existing in the normative ideological, institutional and functional dimensions.

Philosophy of Law in the Context of Post-non-classical Science: Methodological Pluralism and the Case of Communicative Theory of Law

Introduction. The article deals with the role of methodological pluralism in the development of the communicative theory of law. The specificity of modern post-non-classical rationality determines the growth of interdisciplinary research, making new demands on the philosophy of law. In this connection, there is a question of the implementation of the principle of methodological pluralism in the communicative legal understanding.

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.

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