Malinenko E.V. —
Problems of implementation of norms of international law in Constitutions and Charters of subjects of the Russian Federation: limits of admissibility
// Administrative and municipal law. – 2022. – ¹ 2.
– P. 36 - 47.
DOI: 10.7256/2454-0595.2022.2.32052
URL: https://en.e-notabene.ru/ammag/article_32052.html
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Abstract: In this article, the author conducts a study that contributes to the analysis of the limits of the permissibility of the implementation of international law on the basis of constitutions and charters of subjects of the Russian Federation.
The subject of the study is the legal norms contained in the constitutions and charters of the subjects of the Russian Federation, as well as the practice of their implementation.The object of the study is the social relations that develop in the process of implementing the norms of international law in the constitutions and charters of subjects.The purpose of the study is to improve the legal norms regulating the limits of the permissibility of the implementation of international law in the constitutions and charters of the subjects of the Russian Federation. The methodological basis was formed by the methods of scientific cognition, special attention is paid to the dialectical method of state-legal and social phenomena in interaction with general scientific and private scientific methods.
The result of the work is the development of a classification of constitutions and charters of the subjects of the Russian Federation, contributing to the definition of the limits of the permissibility of the implementation of international law.The presented classification will make it possible to improve the legal status of a person and a citizen faster, to exercise his rights in the context of the implementation of a completed order for social justice, taking into account the priority of national legislation over international norms. This is one of the directions set out in the Messages of the President of the Russian Federation to the Federal Assembly in 2019-2020.
The proposed classification option would allow.it is faster to implement, in practical terms, the breakthrough development of the state, which is based on the constitutional idea of man as the highest value of the state, and in the science of constitutional law to provide an opportunity to implement the norms of international law in the constitutions and charters of the subjects of the Russian Federation, taking into account the limits of admissibility.
Malinenko E.V. —
On the Question about Constitutions and Statutes of the Russian Federation Constituents
// Administrative and municipal law. – 2019. – ¹ 5.
– P. 22 - 28.
DOI: 10.7256/2454-0595.2019.5.29909
URL: https://en.e-notabene.ru/ammag/article_29909.html
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Abstract: In this research Malinenko carries out research to successfully issue and implement changes in the constitutions and statutes of the Russian Federation constituents taking into account Russia's national goals and strategic missions as these have been stated out by the President of the Russian Federation Vladimir Putin. The subject of the research is the legal provisions contained in the constitutions and statutes of the Russian Federation constituents. The object of the research is the social relations arising in the process of adopting and implementing changes to the constitutions and statutes of the Russian Federation constituents in terms of achieving national goals and strategic missions of Russia at the present stage. The aim of the research is to analyze the procedure for adopting and implementing these changes. The methodological basis of the research includes such methods as logical analysis, social experiment, and special research methods such as formal law and comparative law methods. The result of the research is the conclusion that constitutions and statutes of the Russian Federation constituents need changes in order to achieve objectives affecting the state and civil society as a whole. The researcher proves the need to strive for so-called legal ideal by amending constitutions and statutes of the Russian Federation constituents and adjusting them to political and economic realities and demands.