A WORD TO THE READERS
KUTAFIN UNIVERSITY CHRONICLE
EXPERT OPINION
In the article, based on the analysis of the scientific heritage of the scientific school of Russian Constitutionalism by O. Е. Kutafin, its representatives and followers; constitutional design and sectoral legislation that consolidate and fill the constitutional category “trust” in modern Russia, the author comes to the conclusion that after the constitutional reform in terms of the use of the term “trust” occurred the change of the constitutional methodology in the constitutional consolidation of the mechanism of its implementation; the change of the paradigm of the use of the term: the mutual trust of the state and society is fixed; it is fixed as a goal; the forms and mechanisms of achieving the goal are indicated.
VECTOR OF LEGAL SCIENCE Scientific School of Russian Constitutionalism
This article analyzes the problems of delimitation of legislative powers between the Russian Federation and its subjects in the field of establishing administrative responsibility. Based on the study of the legislation of the subjects of the federation on administrative responsibility, judicial practice and scientific literature on this topic, the author reveals the gaps in the federal administrative and tort legislation, substantiates the conclusion about the expediency of retaining the right to independent regulation for the subjects of the Russian Federation.
The purpose of the article is to analyze the changes taking place in the legal regulation of citizenship relations and on their basis to identify trends in the migration policy of the Russian state. The author comes to the conclusion about the preservation of the legislative approach to the understanding of citizenship as a special kind of legal relations, as well as the refusal of the state to consolidate at the legislative level the understanding of citizenship as a subjective right. In the article, based on changes in the legislation on citizenship, three trends of migration policy are analyzed: 1) liberalization of migration legislation in relation to persons close to us in the common historical and cultural past, who can organically fit into the system of social ties of Russian society; 2) ensuring national security and law and order; 3) the tendency of differentiation of approaches to dual and multiple citizenship; maintaining the orientation of migration policy towards Russian citizens who also have citizenship of a foreign state.
The article is devoted to the scientific problem of constitutional law — the definition of constitutional ideal and its main functions. The main task was to identify the concept of functions assigned to the constitutional ideal, provide classification of the functions and determine their formalization in the constitutional material. For the first time the analysis provided in the article relates to the concept of a value approach to constitutional law, constitutional norms, identifying the features of existing trends in foreign and domestic constitutional law. The ideas of Russian constitutional scientists were analyzed with respect to their understanding of the essence of constitutional ideal in different periods of the constitutional law science development. The article mainly focuses on highlighting the functions of the constitutional ideal, taking into account its main directions of influence on the formation of state and social development value model. As an example of ideological differences in the understanding of landmark values the article analyzes the legal formalization of the family and marriage institution in Russia and foreign countries.
Among the development priorities of modern Russia is the search for effective mechanisms of interaction between government and society. One of the effective forms of such interaction is the control of citizens over the activities of public authorities and officials. Control is a widespread objective phenomenon in the socio-economic and political life of society, closely merged with other phenomena. Of great interest at the present stage of formation and development of the institution of citizens’ control over power in Russia is the experience of implementing people’s control in the USSR. A critical analysis of the accumulated experience in the implementation of public control in the Soviet period allows us to formulate recommendations for improving the mechanisms for exercising public control at the present stage of the socio-political and socio-economic development of the Russian Federation.
This article analyzes some concepts of the science of municipal law, sets out their author’s vision, taking into account the ideas of the Russian scientist Professor Vladimir Ivanovich Fadeev. Recognizing the invaluable contribution of Professor V. I. Fadeev’s scientific views on the problems of the organization and functioning of municipal government in modern Russia, the legal nature and content of the competence of local self-government bodies, procedural support of the powers of municipal authorities and other subjects of local self-government are investigated.
The author introduces the concept of municipal procedural activity into scientific circulation, the grounds for its separation from the structure of general municipal activity, formulates its purpose, defines its security role in the implementation of other types of municipal activities. According to the author, municipal procedural activity acts as an integral component of organizational, law-making, personnel, financial, law enforcement and other municipal activities.
This activity is being updated in connection with the constitutional provisions of part 3 of Article 132 as amended in 2020 on the need for interaction of public authorities for the most effective solution of tasks in the interests of the population living in the relevant territory.
VECTOR OF LEGAL SCIENCE Theoretical heritage of academician O. E. Kutafin
The article prepared for the anniversary of the Department of Constitutional and Municipal Law notes the contribution to the development of the theory of popular representation, as well as to the formation and development of the branch and science of municipal law of scientists, the founders of the School of Russian Constitutionalism, who earned recognition during their lifetime as classics of constitutional and municipal law science. A brief overview of the works, the author’s approaches contained in them, the points of view of Academician of the Russian Academy of Sciences O. Е. Kutafin, Professors E. I. Kozlova, V. I. Fadeev, N. A. Mikhaleva, B. A. Strashun on possible ways of developing science and practice in the field of popular representation and local self-government is offered. The doctrinal provisions contained in their scientific works have largely determined not only the directions of development of public law sciences, but also the strategy of constitutional development of Russia.
The article examines the problem of the need to study doctrinal views on the formation and development of the institution of citizenship. In particular, this is due to the lack of an unambiguous definition by scientists of the concept of citizenship, the unity of the positions of scientists regarding the affiliation of citizenship to the constitutional legal institute and the intersectoral institute.
The article pays special attention to the contribution of academician O. Е. Kutafin to the problems of constitutionalism in general and the institution of citizenship in particular.
The article presents an analysis of the works of Oleg Kutafin, devoted to the organization of educational activities among young people, the formation of the culture of the youth. Guided by his own experience at the university, Oleg Kutafin emphasized the special role of educational institutions in organizing work on the formation of culture and worldview of young people, which was carried out by universities along with party and other public institutions. The main goal of educational work with students was seen by Oleg Yemel’yanovich in the formation of the worldview of the younger generation based on the ideological values of Soviet society traditional for that period. The article presents an analysis of the scientist’s works devoted to the organization of educational work with young people, in particular, the academician’s articles “Forms of educational work with students in the conditions of a correspondence university” (1970) and “Permanent Commissions on Youth affairs of the Soviets” (1971), as well as O. Е. Kutafin’s interview in the scientific journal “Legal World” and scientific publications containing memoirs of contemporaries and students of academician O. Е. Kutafin are analyzed.
TRIBUNE FOR YOUNG SCIENTIST
The article explores the ideas of Academician O. Е. Kutafin about the social market economy of Russia, the role of the state in economic relations and the responsibility of the state for the economic well-being of citizens, as well as equality. The author concludes that these ideas were further developed and filled, in particular, in the positions of the Constitutional Court of the Russian Federation and the new norm of the Constitution of Russia and are relevant to this day. According to the author, in order to achieve the goals of sustainable economic growth guaranteed by the Constitution of the Russian Federation it is important to restore confidence between the state and business and maintain it in the future, develop clear and stable regulation of the economy based on the principle of equality and taking into account the specifics of the content of economic and business processes, as well as create favorable social conditions for the development of citizens, including through the financial provision of their basic needs.
A science city is a territory with a high concentration of scientific, technical, and innovative potential. Its characteristic is the participation of organizations of the research and production complex of Science Cities in institutional interaction with local governments to develop the innovative infrastructure they use, create a comfortable urban environment, ensure the availability of social infrastructure for conservation staff resource and attracting highly qualified specialists.
The article notes a some of lacks in the legal regulation of local government in Science Cities, such as the lack of legislative imperative norms on the creation of scientific and technical councils of a Science City; norms establishing the features of the organization of local government, the lack of legislative regulation of the conditions of stay and the implementation of labor activity on the territory of Science Cities by third parties. To solve these problems, it is necessary to introduce appropriate amendments to the Law on Science Cities or adopt a new federal law on local government in Science Cities in a single system of public authority.
The article presents various points of view existing in the scientific literature on the concept of “public power”. When considering them, the author identifies and justifies two stages: before the adoption of the Constitution of the Russian Federation in 1993 and after amendments to it in July 2020. At the first stage, public power was identified with state power. At the second stage, the term “public power” in the Constitution of Russia is used as a generalizing concept that includes state bodies and local self-government bodies, which, interacting with each other, act as a power vertical at different levels and, simultaneously, complementing each other, ensure the unity of the system of public power in the Russian Federation. The author substantiates the conclusion that the concept of public power, the principle of unity of its system and other issues arising from constitutional and legal regulation have been developed in legislative acts. They analyze normative acts, decisions of the Constitutional Court of the Russian Federation on the issue under consideration and draw appropriate conclusions.
The article is devoted to the study of individual problems of the relatively new phenomenon of legal reality of telemedicine. Conducting an assessment of foreign practices, the author comes to the conclusion that telemedicine is only being introduced into practical healthcare in Russia. The complexity of this phenomenon allows us to talk about the features of regulatory regulators used to implement the mechanism of telemedicine services. The author notes that Telemedicine in the modern sense in Russia is positioned as one of the ways of providing medical care. Attention is drawn to the absence of a legal definition of telemedicine, the legislator, using a narrow approach, refers to the definition of telemedicine services. The heterogeneity of the problems that develop in the process of using telemedicine services allows the author to highlight the most significant ones that require legislative elaboration. The issues of the dynamics of telemedicine services in the pandemic period are touched upon. Possible ways of solving legislative barriers are proposed.
LAW IN HISTORICAL REFRACTION. Legal heritage
LAW IN HISTORICAL REFRACTION. Legal Monuments
POST SCRIPTUM
ISSN 2782-6163 (Online)