Constitutional Court

Importance of the Decisions of the Constitutional Court RF and Federal Constitutional Court FRG for Realization of the Constitutional Right on Free Occupation by Business Activity

One of the facilities of the improvement of the legal regulation to business activity emerges constitutional истолкование rates of the laws. In given article is presented theoretical understanding of importances of the decisions of the Constitutional court RF and Federal Constitutional court FRG for realization of the constitutional right on free occupation of business activity. Results. In article were analysed and subjected to the comparison of the Decision of the Constitutional Court RF and Federal Constitutional Court FRG on questions of the regulation to business activity. Conclusion. Importance legal position Constitutional Court RF and Federal Constitutional Court FRG is reduced to fastening adjusting began activity a state in sphere of the economy and enterprise, removal obstacle in development of the business relations, as well as to protection of the economic rights of the businessmans, including through constitutional interpretation of essence of the liberty of the agreement and ownership. Herewith, coming from particularities of the constitutional right to Germany (not fastening basically Law of the independent right on business activity), on our glance, exists the particularity in interpretation of the rates of the Main Law by Federal Constitutional Court FRG, directed, in the first place, on legal determination and interpretation of the notion «business liberty» and her(its) constitutional-legal contents and borders.

 Izv. Sarat. Univ. Economics. Management. Law, 2013, vol. 13, iss. 4(1)
The Main Approaches of the Constitutional Court of the Russian Federation to the Constitutional Principle of Non-discrimination

Introduction. As discrimination is a negative phenomenon, counteracting it is an important problem. Constitutional Court of the Russian Federation plays considerable part in this process because it can protects subjects of law from law-making discrimination. Theoretical analysis. The article considers main approaches to the constitutional principle of non-discrimination, containing in legal positions of the Constitutional Court of the Russian Federation. Constitutional Court of the Russian Federation regards non-discrimination as con- stitutional principle of law. The author analyses features of discrimination which were mentioned in Constitutional Court’s decisions and studies legal positions of the Constitutional Court of the Russian Federation, addressed to the safeguards of the constitutional principle of non-discrimination. Conclusions. Constitutional Court of the Russian Federation often addressed the constitutional principle of non- discrimination. Thereby, Constitutional Court interprets it owing to recognition non-discrimination as a principle of law, reveals its features and safeguards, develops and defends this principle.

 Номер журнала 496