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. —
Regarding Unification of Constitutions and Regulations of the Russian Federation Constituents and Constitution of the Russian Federation in Local Government Matters
// Administrative and municipal law. – 2019. – ¹ 3.
– P. 28 - 35.
DOI: 10.7256/2454-0595.2019.3.29524
URL: https://en.e-notabene.ru/ammag/article_29524.html
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Abstract: In this article Malinenko carries out research that contributes to the reinforcement of local government based on the analysis of constitutions and regulations of the Russian Federation constituents. The subject of the research is the legal norms and provisions set forth by the Constitution of the Russian Federation, constitutions and regulations of the Russian Federation constituents, and their practical implementation. The object of the research is the social relations arising in the process of unification of constitutions and regulations of the Russian Federation constituents as well as Constitution of the Russian Federation in local government matters. The aim of the research is to analyze legal provisions that regulate local government in the Russian Federation. The methodological basis of the research includes general research methods, special attention is being paid to the dialectical method of analysis of state legal and social phenomena. The researcher has applied general research methods as well as formal law and comparative law methods. The result of the research is the classification of constitutions and regulations of the Russian Federation constituents that contribute to the development of local government trends. The novelty of the research is caused by the classification of constitutions and regulations of the Russian Federation constituents as well as emphasis on the need to unify these constituents and regulations regarding local government. According to the author, the classificaiton offered may contribute to the development of municipal units in practice and provide tools of efficient development of municipal units including advanced development territories in the theory of constitutional law.