constitutional justice

The subject and procedure for consideration of cases of compliance of the initiative to hold a referendum on the proposed issue (proposed issues) of the referendum with the Constitution of the Russian Federation by the Constitutional Court of the Russian

Introduction. The issue of the subject of review of cases of compliance of the initiative to hold a referendum on the proposed issue (proposed issues) of the referendum with the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation is not regulated in the federal legislation. In addition, the federal legislation regulates the procedure for considering cases of this category only in general terms. Theoretical analysis. The systematization of the opinions presented in the scientific literature regarding the subject of verification in this category of cases allows us to distinguish two positions: the subject of consideration by the Constitutional Court should include both the issues proposed for a referendum and the entire procedure for the initiative of holding a referendum; only the issues proposed for a referendum should be the subject of consideration by the Constitutional Court. Empirical analysis. The analysis of the criteria (limits) of verification for the category of cases under consideration showed that, in any case, they should include compliance of the issues proposed for a referendum, the division of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation with the Constitution of the Russian Federation. The criteria for the admissibility of the motion, the procedural form and procedural periods of consideration of cases of the category under study need to be improved. Conclusions. The subject of verification in cases of the category under consideration should be not only the issues proposed for a referendum but also the entire procedure for the initiative of holding a referendum. The author proposes to amend the legislation providing for the exemption of the President of the Russian Federation from paying state duty when bringing the matter before the Constitutional Court of the Russian Federation in cases of the category in question, the possibility of participation of representatives of the electoral association or public authority proposing the initiative to hold a referendum, the Central Election Commission of the Russian Federation and the President of the Russian Federation in consideration of cases of this category. The author also proposes to provide a special chapter in the relevant law regulating the consideration of cases of compliance of the initiative to hold a referendum on the proposed issue (proposed issues) of the referendum with the Constitution of the Russian Federation.

 Izv. Sarat. Univ. Economics. Management. Law, 2023, vol. 23, iss. 3
The Problem of Kinds of Discrimination

The article deals with different kinds of classification of discrimination. 

 Izv. Sarat. Univ. Economics. Management. Law, 2012, vol. 12, iss. 4
Content and forms of participation of the Constitutional Court of the Russian Federation in lawmaking

Introduction. The judicial constitutional review authorities ensure the supremacy and direct application of the constitutions. They also participates in lawmaking activities. Constitutional review authorities can participate in lawmaking activities directly or circumstantially. There are two kinds of the direct participation of such authorities in lawmaking activities: legislative initiative and participation in lawmaking activities in connection with the implementation of the constitutional review. The methodology of research is based on general scientific and special legal research methods. Theoretical analysis. Some authors note that the decisions of the constitutional review authorities can modify conditions of public life. Authors often emphasize that court decisions that rules certain norms as unconstitutional have the same goals as statutory acts. Empirical analysis. Constitutional courts administer a special kind of lawmaking, such as “positive”, “negative”, “adjusting” and “interpretative” lawmaking. “Positive” lawmaking is connected with the adoption of statutory acts, which regulate the activities of the constitutional courts. “Negative” lawmaking consists in ruling certain legal norms and sources of law unconstitutional and making them void. By means of “adjusting” lawmaking constitutional courts do not rule the norms as completely unconstitutional, but constitutionally interpret them. “Interpretative” lawmaking consists in clarifying legal norms of constitutions. The constitutional review authorities may also provide recommendations to the legislative authorities. Results. The constitutional review authorities can directly participate in lawmaking activities as a legislative initiative or in connection with the implementation of the constitutional control as “positive”, “negative”, “adjusting” and “interpretative” lawmaking. Circumstantial participation of such authorities in lawmaking activities is administered by adopting special messages.

 Izv. Sarat. Univ. Economics. Management. Law, 2021, vol. 21, iss. 2