Logvinova I.V. —
Types of relationship between Church and state in the area of international activity
// Politics and Society. – 2017. – ¹ 5.
– P. 27 - 37.
DOI: 10.7256/2454-0684.2017.5.22969
URL: https://en.e-notabene.ru/psmag/article_22969.html
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Abstract: The object of this research is the area of relationship between Church and state; the subject is the interaction of Church and state in the sphere of international activity. The author examines the types of relationship between Church and state; directions of the cooperation between Church and Ministry of Foreign Affairs of the Russian Federation; attitude of the Russian Orthodox Church and the state towards such cooperation. In the context of the problem at hand, the author analyzed a number of international documents, overview of foreign policy activity of the Ministry of Foreign Affairs of the Russian Federation for the recent 5 years; foreign events with participation of the Russian Orthodox Church; and information from the open sources of the Russian Orthodox Church. In conclusion, the author determined the forms of interaction between Church and state, the role of the Ministry of Foreign Affairs of the Russian Federation in realization of such communication, as well as the key directions of their cooperation at present state and nearest future.
Logvinova I.V. —
International Pacts of 1966 on human rights in the context of development of generally recognized individual rights and freedoms
// International Law and International Organizations. – 2017. – ¹ 1.
– P. 56 - 64.
DOI: 10.7256/2454-0633.2017.1.21925
URL: https://en.e-notabene.ru/mpmag/article_21925.html
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Abstract:
The subject of this research is the process of development and consolidation within the international documents of universalities in the field of human rights and freedoms. On the example of adoption of the International Pacts of 1966, the author examines the question of the search for compromise decisions by the participants of international relations under the circumstances of opposition between the states and various sociopolitical system. The article defines the role of USSR in development of these documents, as well as identifies the succession in the position regarding the universality of rights and freedoms set in the pacts. Certain modern aspects of implementation of the progressive positions of the International Pacts of 1966 are being analyzed. The conclusion is made on the importance of activity of the state that manifest as participants of the international process on formulization of universalities in the area of rights and freedoms. In addition to this, the author determines the current issues associates with implementation of positions of the pacts, including the foreign policy questions.
Logvinova I.V. —
Types of international cooperation of the constituents of federative states
// International Law. – 2017. – ¹ 1.
– P. 38 - 46.
DOI: 10.7256/2306-9899.2017.1.21991
URL: https://en.e-notabene.ru/wl/article_21991.html
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Abstract: The subject of this article is the types of international cooperation of the constituents of federative states. Russia is a federation, in which the federal center and the constituents of the Russian Federation consider the international connections as potential for mutually beneficial collaboration with the foreign partners; the experience of other countries can also be applied due to the actively developing foreign communications. For determination of the types of such cooperation, their legal grounds, and control on the part of the federal center, the author explored multiple legal sources of international and domestic law, as well as the specific regional practice of realization of the international connections. The examined topic is relevant due to the lack of comprehensive scientific works that allow identifying the forms of international cooperation of the constituents of federative states alongside their efficiency under the modern geopolitical circumstances. As a result, the author determines such forms of cooperation on the regional level, defines the limits of the possible participation of constituents of various federative states in the international activity.
Logvinova I.V. —
On the issue of constitutional legal responsibility
// Legal Studies. – 2016. – ¹ 5.
– P. 24 - 33.
DOI: 10.7256/2409-7136.2016.5.18947
URL: https://en.e-notabene.ru/lr/article_18947.html
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Abstract: The research subject is the formation of the institution of constitutional legal responsibility in the Russian Federation. The research object covers not only legal relations, but also the political and ethical resources, which are currently influencing and can influence in future the effectiveness of measures of constitutional legal responsibility. The paper considers the topical issues of correlation of constitutional legal responsibility and political and ethical responsibility; of the inclusion of new constitutional legal sanctions in the Russian legislation; of the practice of their application in the context of development of discretionary powers of the head of the state. The author applies the positivist and technical approaches to distinguish between constitutional legal responsibility and other phenomena of a nonlegal nature. The axiological approach is used for outlining the capacities of the balance of legal and ethical norms within the context of the problem of constitutional legal responsibility. The novelty of the study consists in the analysis of the topical constitutional practices in the field of constitutional legal responsibility. The author offers to legitimize such a constitutional legal measure as a reprimand of a regional high official by the head of the state; to make the oath compulsory for state officials; to consider the recall of the regional highest official by the electorate as a form of constitutional legal responsibility.
Logvinova I.V. —
Peculiarities of administrative control of the Northeast of RSFSR during the 1930-1950’s
// Genesis: Historical research. – 2016. – ¹ 3.
– P. 1 - 8.
DOI: 10.7256/2409-868X.2016.3.19065
URL: https://en.e-notabene.ru/hr/article_19065.html
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Abstract: In this article the author examines the peculiarities of the established in the 1930-1950’s special system of administrative control in the Northeast territory of RSFSR. The specificity of the state construction was substantiated by the fact that in this region had to solve sizeable issues on commercial development under the condition of complete absence of infrastructure, workforce potential, and geographical remoteness from the central government. In the conditions of totalitarian regime this task was imposed upon organization with a special status, which first was under control, and then became a direct subordinate of the People's Commissariat for Internal Affairs (NKVD). The history of Dalstroy (Far North Construction Trust) gives an idea about the scale of the political repressive machine, formed in USSR during Stalin’s regime. Scientific novelty consists in the fact that based on the archive data, the author was able to reveal the mechanism of administration in the production area of Dalstroy in the 1930-1950’s, which proves its special status. The example of Dalstroy demonstrates that in separate regions of the country has been introduced even a stricter and more centralized system of administrative control, directly regulated by NKVD. The principle of reasonableness in the context of totalitarian regime has been used even against the main principles of organization of the Soviet system of administration. Dalstroy was a state –owned institution that carried out complex tasks within jurisdictional region, based on camp system and using the entire potential of the punishment system of NKVD.
Logvinova I.V. —
Constitutional grounds of the international activity of the Republic of the Soviet Union: historical-legal aspect
// International Law. – 2016. – ¹ 3.
– P. 39 - 53.
DOI: 10.7256/2306-9899.2016.3.20045
URL: https://en.e-notabene.ru/wl/article_20045.html
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Abstract: The subject of this research is the constitutional regulation in the area of international activity of the Union Republics. It is necessary to study the historical context of the problem of legal coverage of the international relations of the constituents of the federative nations (based on the example of the Soviet Republics) for understanding the modern status of the established constitutional-legal regulation in this field. The Soviet experience was unique due to the fact that the formal legal status of the republics significantly differed from the actual constitutional practice. Most vividly, we can follow it analyzing the constitutional powers of the Soviet Republics in the area of foreign affairs and practice of their realization. The article interdependently examines the established since February 1, 1944 constitutional-legal regulation and practice of its implementation in the area of foreign affairs of the Soviet Republics. This allowed making the following conclusion: the formal constitutional-legal status of the Union Republics (which included such essential component as the possibility to realize the foreign affairs), as well as their practical status had serious discrepancies. In fact, the Union Republics realized just the separate powers in international activity, under the absolute control and with participation of the Union leadership; thus we can say that the Republics had only separate elements of international legal capacity, which were determined on the Union level.
Logvinova I.V. —
Public administration in the sphere of coordination of international and foreign-economic relations of Russian regions
// Administrative and municipal law. – 2015. – ¹ 11.
– P. 1149 - 1156.
DOI: 10.7256/2454-0595.2015.11.16806
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Abstract: The article focuses on the models and functions of public administration in the sphere of coordination of international and foreign-economic relations of Russian regions. In the modern geopolitical conditions, when Russia is under the sanction pressure of certain states, the study of the existing system of coordination of international relations of Russian regions and the efficiency assessment of the regional authorities’ impact is of a particular interest. Russian regions define their models of public administration in the mentioned sphere independently, thus the existing diversity of organizational grounds of this administration can be combined in four basic models. The author applies the functional, formal logical, comparative-legal and other research methods; they allow defining a particular organizational composition of public administration on the regional level in the sphere of international relations. The author offers to outline various models of public administration in this sphere on the base of the analysis of a significant number of normative-legal acts and the practice of realization of regional international and foreign-economic relations coordination. The author defines the functions of regional authorities in the sphere of international relations; formulates the recommendations about the criteria of public administration efficiency assessment.
Logvinova I.V. —
Coordination of International and Foreign Economic Relations of the Federal Subjects of Russia: historical and political and legal realia
// Politics and Society. – 2015. – ¹ 9.
– P. 1256 - 1266.
DOI: 10.7256/2454-0684.2015.9.16237
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Abstract: The subject of the research in the present article is the history of establishment and development of the institution of coordination of international and foreign economic relations of the federal subjects of Russia. The aim of the paper is to determine how the new political and legal phenomenon was established during the crisis of the federal system in 1990-s, namely, the international activity of Russian regions, to analyse the genesis of legal regulation in the area, to show the connection between the political processes of sovereignisation and reinforcement of their international legal personality. The methodology of the study includes general and specific scientific methods. The leading research method was historical and legal method; formal legal and comparative legal approaches were also applied. As a result of the conducted study the author drew a conclusion that the international legal personality of the federal subjects of Russia is derivant from the international legal personality of the Russian Federation, is defined by the Constitution of the Russian Federation and the federal laws, cannot be compared to the federal legal personality when it comes to their volume, and cannot have the features of the legal personality of a state. There are two stages in the development of the legal institution of coordination of international and foreign economic relations. At the first stage legal regulation in this sphere is established, and the corresponding powers of the federal subjects are formed. This stage is characterised by an active intervention of the federal subjects into the area of federal regulation and unjustified broadening of powers. The second stage is different from the first one due to the established stable legal regulation, institutionalisation in the field of the implementation of coordination of international and foreign economic relations.
The novelty of the paper lies in the fact that it analyses constitutional and other regulatory legal acts of Soviet and post-Soviet periods, as well as bilateral agreements and practice of the Constitutional Court of the Russian Federation from the point of view of formation of political and state-legal processes that provide the Russian regions with an opportunity to perform international activity. The development of regional cooperation with foreign partners is an important reserve of international connections if they are conducted in strict accordance with sovereignty and territorial integrity of Russia. The article highlights certain disadvantages in the legislative regulation in the studied area and provides the recommendations regarding their elimination. In modern political and legal science the study of the federalism-related problems is impossible without deep scientific analysis of certain historical conditions, as well as the genesis of legal means of regulation.
Logvinova I.V. —
Legal basis of the delegated lawmaking authority of the executive government of the Russian Federation
// Law and Politics. – 2015. – ¹ 8.
– P. 1105 - 1111.
DOI: 10.7256/2454-0706.2015.8.16050
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Abstract: The subject of this research is the lawmaking of the executive government of the Russian Federation due to the realization of the delegated authority on concretization of separate legal relations. The goal of this work is to determine the conditions, legal principles, and problems of realization of the lawmaking authority of the Russian government in cooperation with the Federal Assembly of the Russian Federation. The article examines only the lawmaking activity that is realized in the form of resolutions due to the delegation of lawmaking authority based on the federal law. Attention is given to the fact that such normative acts carry a significant impact upon increasing efficiency of the legal regulation as a whole, and have a direct relation to creation of the environment for the realization of the rights and liberties of citizens. As a result of the research, the author conducts demarcation between the legal institutions of delegated legislation and delegated lawmaking; however, the imperfection of legal mechanism of granting the executive government of the Russian Federation with this lawmaking authority should be eliminated.
Logvinova I.V. —
Legal basis of the delegated lawmaking authority of the executive government of the Russian Federation
// Law and Politics. – 2015. – ¹ 8.
– P. 1105 - 1111.
DOI: 10.7256/2454-0706.2015.8.42812
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Abstract: The subject of this research is the lawmaking of the executive government of the Russian Federation due to the realization of the delegated authority on concretization of separate legal relations. The goal of this work is to determine the conditions, legal principles, and problems of realization of the lawmaking authority of the Russian government in cooperation with the Federal Assembly of the Russian Federation. The article examines only the lawmaking activity that is realized in the form of resolutions due to the delegation of lawmaking authority based on the federal law. Attention is given to the fact that such normative acts carry a significant impact upon increasing efficiency of the legal regulation as a whole, and have a direct relation to creation of the environment for the realization of the rights and liberties of citizens. As a result of the research, the author conducts demarcation between the legal institutions of delegated legislation and delegated lawmaking; however, the imperfection of legal mechanism of granting the executive government of the Russian Federation with this lawmaking authority should be eliminated.