Law

Constitutional regulation of economic policy in the countries of the Commonwealth of Independent States (CIS)

Introduction. Economic policy is one of the most important components of foreign and domestic policy. The constitutional foundations of the country’s economy create the legal basis for the organization of economic activity. Theoretical analysis. Economic policy is defined as the legitimate activities of state bodies aimed at achieving the welfare of the state and society and establishing stable economic growth, carried out in accordance with the constitutional principles of the economic system. Empirical analysis. Constitutional regulation of economic policy is implemented by consolidating the foundations, principles of economic activity and the system of government bodies with the establishment of their constitutional status, goals, a clear division of powers and methods of interaction between each other in the formation and implementation of economic policy. The article presents their analysis and examines the practice of constitutional reform in order to improve the effectiveness of economic policy. Results. The problems of constitutional regulation of the economic policy of the CIS countries are formulated and proposals for their solution are expressed.

The problem of differentiation of the competence of the federal and regional authorities of the state environmental control (supervision)

Introduction. The article is devoted to the problem of delimitation of competence for carrying out control and supervisory activities vertically – between federal and regional executive authorities that implement the function of environmental control (supervision). Theoretical analysis. The delimitation of the powers of federal and regional authorities in the field of state environmental control (supervision) is rather vague. The transfer of a large amount of such powers has led to the complication of the system of state environmental control (supervision). The objects of regional state environmental supervision are determined according to the residual principle without the mandatory fixing their list. At the same time, the legislation does not provide for the possibility of transferring the powers of regional executive authorities in the field of environmental protection to federal authorities. Empirical analysis. In practice, there is often duplication of control and supervision powers in the environmental sphere between federal executive authorities and executive authorities of the constituent entities of the Russian Federation, as well as local governments, which negatively affects their performance. In the constituent entities of the Russian Federation there are no specialized bodies exercising the implementation of the powers transferred by the Russian Federation. Results. It is concluded that there is no effective interaction between environmental control (supervision) bodies at all levels of government due to insufficient regulation of this issue in the legislation. In order to eliminate legal conflicts, simplify the interaction between subjects, the article substantiates the necessity of adoption of the Federal Law “On Environmental Control (Supervision)”; development and adoption of administrative regulations for the interaction of federal and regional environmental control (supervision) bodies; conclusion of agreements on the “reverse delegation” of powers from the executive authorities of the constituent entities of the Russian Federation to the federal bodies of state environmental control (supervision).

Natural Duties of the Person: a Myth or a Reality?

Article is devoted research of a question of existence of the so-called «natural duties» allocated by analogy to the natural rights. The author considers hypothetically existing «natural duties» of the person from the point of view of criterion of their objectivity and presence at the person from a birth. The question of interdependency the natural rights and «natural duties» of the person is mentioned also.

To the Question of Russian President’s Power of Clemency

The main topic of the article is President’s constitutional power in a sphere of person’s legal status, in particular clemency. Also the sphere of clemency is partly regulated by local laws. Federal and regional executive and legislative bodies like clemency comissions and Constitutional rights department of President’s Administration contribute to implementaion of President’s power of clemency. In the article the author formulates legislative improvements that will set up legal bounds of President’s power of clemency.

The Practice of Protection Against Discrimination in the Decisions of the European Court of Human Rights

This paper examines the case law on the prohibition of discrimination by the European Court of Human Rights. It is noted that the decisions taken in respect of the principle of non discrimination the practice of the Russian authorities.

Substance of Constitutional Law for Getting Free Higher Education in Contemporary Russia

The article deals with determination of concept and substance of constitutional law for receiving free higher professional education in modern Russia; reveals warrants of this law on the basis of analysis of educational legislation and law enforcement practice.

Case M. Baylis in the Materials Extraordinary Inquiry Commission of Provisional Governmen

The article reviews the work of one of the investigative unit of the Extraordinary Inquiry Commission of Provisional Government t to investigate «illegal actions of senior officials in the criminal case of Mendel Bailis».

Forms of Public Control in Judicial System of the Russian Federation

In article features of realization of public control over functioning of courts in the Russian Federation are considered, the characteristic of forms of control of citizens and the institutes of a civil society used for maintenance of an openness of activity of judicial system is given. 

The nature of Ius resistendi in the context of legal schools and theories

Introduction.Many researchers considerius resistendi as the right to violent uprising, while nowadays this right plays the role of a legal institution that restrains public authorities from abuses and encroachments on other human and civil rights. Ius resistendi is rooted in classical iusnaturalism, but is comprehended by means of modern natural law, legal positivism and sociological science, including the theory of confl ict, which makes it possible to analyze the nature of the right of resistance more comprehensively. Theoretical analysis. The nature of ius resistendi does not belong to the state, but to individuals and society, which is confirmed by the theoretical provisions of iusnaturalism and sociological and legal science. The positive ius resistendi creates more reliable guarantees for the implementation of this right, and also increases the eff ectiveness as a legal institution. Еmpirical analysis. The author carried out the analysis of the constitutional acts and came to the conclusion about the possibilities of constructing ius resistendi into the body of a positive law. By legal recognition of ius resistendi, the state institutionalizes control over itself. Results. The nature of ius resistendi appears to be broader than that suggested by classical doctrines. Although ius resistendi remains in the sphere of “ideal” law, the possibility of the implementation of this right in normative acts as an institution that restrains public authorities from possible abuse, and as a “right to commit an off ense” is not excluded. The positive ius resistendi acts as one of the ways to resolve the confl ict of law and justice.

The impact of the COVID-19 pandemic on the policies of countries: The example of China and Nigeria

COVID-19 pandemic’s emergence came to the whole world as a rude shock which affected the health system of all countries of the world including the developed nations. The pandemic broke out in Wuhan China in 2019 and has since then been ravaging the whole world. The World Health Organization (WHO) declared the coronavirus disease as a Public Health Emergency of International Concern (PHEIC) and it was pronounced a pandemic. The virus came in to Nigeria in the year 2020 and since then, Nigeria as a country has been battling with the pandemic just as it is across the globe. The coronavirus disease has been affecting Nigeria in every sphere while not sparing every part of human lives and the environment at large. The measures taken to curtail the spread of the virus have negative impacts on the economy, judicial system and well-being of Nigerians generally. This article examines what COVID-19 is all about, its origin, effects and impact on the environment while considering the effects of COVID-19 on the administration of justice system in Nigeria. It also examined the various eff orts by Nigerian government in combating the pandemic by putting up some Regulations immediately in order to ensure environmental sustainability. Adequate recommendations were made at the end of the work.

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