Irkhin I.V. —
Constitutional legal status of the Indonesian semi-autonomous Aceh province
// Law and Politics. – 2018. – ¹ 1.
– P. 17 - 27.
DOI: 10.7256/2454-0706.2018.1.43047
URL: https://en.e-notabene.ru/lamag/article_43047.html
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Abstract: The subject of this research is the constitutional law norms that regulate the status of Aceh as a semi-autonomous province of Indonesia. The object of the study is the public relations forming in the sphere of the constitutional law regulation of its status. The author thoroughly explores such aspects of the topic as the 2005 Memorandum of Understanding (MoU) and its impact on formulation of the constitutional legal regime of the semi-autonomous province. Special attention is given to the transformational processes taking place within the framework of current legislative regulation with regards to conditions of this agreement on the autonomic status of Aceh. The novelty of this research consists in the fact that the territorial variety of autonomy currently represents one of the key mechanisms capable of supporting materialization of objectively possible and mutually acceptable models of organization and stabilization of domestic relations. The relevance of this research is substantiated by the need for analysis of the practice of formation and development of domestic relations in foreign countries for the purposes of its systematization and account.
Irkhin I.V. —
Foundations of the constitutional status of Turks and Caicos Islands as overseas possession of the United Kingdom of Great Britain and Northern Ireland
// International Law and International Organizations. – 2017. – ¹ 1.
– P. 65 - 77.
DOI: 10.7256/2454-0633.2017.1.20373
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Abstract: The subject of this research is the positions of the White Paper of overseas territories that regulation the institution of partnership as a form of interrelations of Great Britain with overseas territories. The political and territorial relations between Great Britain and the examined overseas territory is suggested to qualify as Unitarian with the elements of feudalism. The article also explores the positions of the Constitutional Order of the Turks and Caicos Islands of 2011 in part of regulation of the status of the Governor, Cabinet, and Legislature. The author underlines the a special place within the constitutional system of authorities of the overseas territory belongs to the representative of the British crown due to the powers that allow in compliance with the set by the Constitution conditions making the key decisions in the sphere of domestic policy of the island (Convocation of Cabinet, its resignation, dissolution of the House of Assembly , reserve lawmaking authorities, etc.). Thus, a significant role in formation and realization of the constitutional course belongs to the Prime Minister and House of Assembly . The work formulate the theses concerning the additional regulation of competency of the local public authorities of Turks and Caicos Islands and the Governor, specification of the content, order of organization, and carrying out of conciliation procedures, early dissolution of the House of Assembly, clarification of criteria of such decision-making. This work is one of the first to examine the partnership relations of Great Britain with its overseas territories from the constitutional legal positions. It reveals the constitutional legal status of Turks and Caicos Islands, analyzes the positions of the Constitutional Order of 2011 regarding the Governor, Cabinet, House of Assembly , as well as organizational order of their interaction.
Irkhin I.V. —
The transformation of the constitutional and legal status of the Prosecutor's Office of the Russian Federation as a factor in increasing the efficiency of interaction with the Administration of the President of the Russian Federation in the sphere of state control
// Law and Politics. – 2016. – ¹ 11.
– P. 1383 - 1389.
DOI: 10.7256/2454-0706.2016.11.14079
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Abstract: The subject of this study is the provisions of the Law of the Russian Federation on an amendment to the Constitution of the Russian Federation of 02/05/2014, as well as derivatives contained in the aforementioned law of the Russian Federation, which drove the transformation of the constitutional and legal status of the Prosecutor's Office of the Russian Federation. The author stresses the need to avoid a fragmented approach and apply complex methodology of the regulation of the legal status of the Prosecutor's Office of the Russian Federation in connection with the Constitutional amendments. The article also highlights the problem of organizing effective interaction between the Prosecutor’s Office of the Russian Federation and the Administration of the President of the Russian Federation in the implementation of certain aspects of state control, and suggests ways to resolve them. Based on the methods of dialectical logic, comparative analysis, inductive and deductive logic techniques, and predictive method, the author makes proposals to eliminate the existing contradictions in the constitutional and legal status of the Administration of the President of the Russian Federation and the Prosecutor's Office of the Russian Federation in terms of organization and implementation of specific measures in the field of state control in order to optimize the work of these Offices. The novelty of this work consists in the study of the pressing issues of constitutional regulation of the status of the Prosecutor's Office of the Russian Federation in light of the 02/05/2014 amendments to the Constitution of the Russian Federation, which in principle have adjusted the pre-existing hierarchical structure constant of the Prosecutor’s Office of the Russian Federation. The author concludes that there can be an increase in the coverage of issues by both offices if there are proper channels of cooperation between the Prosecutor's Office of the Russian Federation and the Administration of the President of the Russian Federation.
Irkhin I.V. —
The transformation of the constitutional and legal status of the Prosecutor's Office of the Russian Federation as a factor in increasing the efficiency of interaction with the Administration of the President of the Russian Federation in the sphere of state control
// Law and Politics. – 2016. – ¹ 11.
– P. 1383 - 1389.
DOI: 10.7256/2454-0706.2016.11.42679
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Abstract: The subject of this study is the provisions of the Law of the Russian Federation on an amendment to the Constitution of the Russian Federation of 02/05/2014, as well as derivatives contained in the aforementioned law of the Russian Federation, which drove the transformation of the constitutional and legal status of the Prosecutor's Office of the Russian Federation. The author stresses the need to avoid a fragmented approach and apply complex methodology of the regulation of the legal status of the Prosecutor's Office of the Russian Federation in connection with the Constitutional amendments. The article also highlights the problem of organizing effective interaction between the Prosecutor’s Office of the Russian Federation and the Administration of the President of the Russian Federation in the implementation of certain aspects of state control, and suggests ways to resolve them. Based on the methods of dialectical logic, comparative analysis, inductive and deductive logic techniques, and predictive method, the author makes proposals to eliminate the existing contradictions in the constitutional and legal status of the Administration of the President of the Russian Federation and the Prosecutor's Office of the Russian Federation in terms of organization and implementation of specific measures in the field of state control in order to optimize the work of these Offices. The novelty of this work consists in the study of the pressing issues of constitutional regulation of the status of the Prosecutor's Office of the Russian Federation in light of the 02/05/2014 amendments to the Constitution of the Russian Federation, which in principle have adjusted the pre-existing hierarchical structure constant of the Prosecutor’s Office of the Russian Federation. The author concludes that there can be an increase in the coverage of issues by both offices if there are proper channels of cooperation between the Prosecutor's Office of the Russian Federation and the Administration of the President of the Russian Federation.
Irkhin I.V. —
The framework of the constitutional status of the British Virgin Islands as a British overseas territory
// International relations. – 2016. – ¹ 3.
– P. 237 - 248.
DOI: 10.7256/2454-0641.2016.3.18297
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Abstract: The research subject is the normative and legal contents of the provisions of the 2007 Virgin Islands Constitution in relation to the regulation of the status of public authorities and officials. The author studies the procedure of formation, the composition and competence of the public authorities of the Virgin Islands. The author also focuses on the legal nature of political and territorial relations of Britain with its overseas territories. The article studies the specificity of political and territorial relations materialization with regard to the constitutional status of the Virgin Islands. The author analyzes the problem issues of normative and legal provision of organization and interaction within the current model of political and territorial interaction. The research object is social relations within the constitutional provisions defining the legal status of public authorities of the Virgin Islands. The basic research method is comparative-legal. The results of the research help detect differences, similarities and problem aspects of the constitutional status of the Virgin Islands as a British overseas territory.
This study is the first study of this issue in Russian constitutional legal science. It considers the problems of the constitutional status of the Virgin Islands as a British overseas territory. The author concludes that in the Virgin Islands there exists a ministerialist system in which the leading role in the formation and implementation of the constitutional course belongs to the Cabinet. This position is substantiated by the fact that the relations between Britain and the Virgin Islands, called in the White Paper on the Overseas Territories a “partnership”, should be qualified as unitary with the elements of federative.
The author substantiates the need for the constitutional consolidation of the procedure of competence division between the public authorities of Britain and the Virgin Islands by the distribution of authorities in particular spheres. The author suggests considering the possibility of ensuring the representation of the Virgin Islands Cabinet in the British Government by including the corresponding ministers. The author also suggests establishing a constitutional procedure of the House of Assembly informing the British Government about its position on the draft laws, related to the Kingdom in general, and the British Government sending the draft laws, affecting the interests of the Commonwealth, to the overseas territories. The author notes the reasonability to introduce the procedure of preliminary consultations in discussing the issues of appointing the candidates to the post of the Virgin Islands Governor. The author concludes that the preliminary discussion of Governor candidates with local authorities is appropriate in all overseas territories.
Irkhin I.V. —
On the issue of two-level model of local government organization in city districts
// Administrative and municipal law. – 2015. – ¹ 7.
– P. 684 - 690.
DOI: 10.7256/2454-0595.2015.7.13860
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Abstract: The paper analyzes the legislative changes aimed at the creation of a two-level model of local government organization in city districts. The author outlines the possible problems of solution of local problems in the process of creation of city districts with itracity division and intracity areas. The author points out the necessity of specification of the criteria for division of city districts with intracity division into intracity areas, and of regulation of the order of intracity areas interaction with each other and with a city district. The author argues that it is unnecessary to allot the status of intracity area to any attachable settlement. The use of the inductive, analytical and comparative methods allowed formulating the position according to the possible perspectives of practical inclusion of city districts with intracity division and of intracity areas into the format of local government of the Russian Federation. On the base of the dialectical method the paper reveals the contradictions and inconsistences of legislative approaches to the creation of a systematized and structured base of executive bodies of local government on the level of city districts with intracity division and intracity areas. The novelty of the research lies in the study of issues of correlation between theoretical-legal and practical use of city districts with intracity division and intracity areas, and enumeration of facts reflecting the unity and continuity of city economy. The author formulates the conclusions about the necessity to specify the interaction between local governments of a city district with intracity division and intracity areas (vertically), and of intracity areas between each other (horizontally).