DOI: 10.7256/2454-0595.2016.6.19336

Abstract: The research subject is the analysis of the statutory base of government control (supervision) implementation by the authorized bodies of state power. This sphere of public administration unfairly lacks attention of the prosecution bodies of the Russian Federation carrying out supervision over the legality of the control (supervision) of the authorized bodies of state power over local authorities and their officials. The established judicial practice neither furthers the uniform interpretation of the order of implementation of the article 77 of the Federal Law of 06.10.2003 No 131. The author applies the set of methods: the system, comparative-legal, statistical, formal-logical and others. The author detects the unfair attempts of particular bodies of state power, authorized in the sphere of control and supervision, to exclude the profile form of control and supervision from the scope of the article 77 of the Federal law of 6.10.2003 No 131 “On the fundamentals of organization of local authorities in the Russian Federation”.

DOI: 10.7256/2454-0684.2016.1.15970

Abstract: The subject of this research is the review of separate normative positions of the cassation and supervisory procedure at the level of Supreme Court of the Russian Federation, which in turn undergone significant changes due to “abrogation” of the Supreme Court of Arbitration of the Russian Federation. Separate positions of the current version of the Arbitration Procedural Code of the Russian Federation testifies to the fact that the forming practice of the “renewed” Supreme Court of the Russian Federation after reviewing the cassation and supervision complaints can question the adherence to the fundamental constitutional principles of carrying out justice in the Russian Federation. The main conclusion of the conducted research is the position of a number of enforcement issues emerging in application of positions of the Arbitration Procedural Code of the Russian Federation by the members of legal procedure. The reform of the supreme courts conducted in accordance with the Constitution of the Russian Federation and subsequent changes to the arbitration procedure require serious examination and clarification, including by way of issuance of acts of Plenum of the Supreme Court of the Russian Federation.

DOI: 10.7256/2454-0595.2015.7.15744

Abstract: The article considers the provisions of the Code of Administrative Offences of the Russian Federation in their “interpretation” which has formed in the law-enforcement practice. The author attempts to emphasize the necessity to develop the “updated” explanations by the Supreme Court of the provisions of the existing Code of Administrative Offences, since the positions of the Constitutional Court, expressed in its decisions, are not always considered properly by the law-enforcement bodies and executives; it results in the violation of the principle of legality in administrative proceedings. The main research method is comparative analysis which compares the existing law-enforcement practice with the corresponding explanation of the provisions of the Code expressed in the decisions of judicial bodies. The author comes to the conclusion about the “faulty” enforcement practice of certain provisions of the Code by the bodies and the executives, thus substantiating the inclusion of the “renewed” Supreme Court in the explanatory work together with the Constitutional Court. 

DOI: 10.7256/2454-0706.2015.7.15781

Abstract: The subject of this research is the current law enforcement and judicial practice in antimonopoly cases, in the process of which the government authorities do not fully adhere to the norms of the legislation with regards to upholding various procedures for establishing a dominant businesses position on the market. Despite the requirements on mandatory adherence to the principle of lawfulness in the work of the branches of public authority, the said practice is also being “strengthened” by the legal precedent, which does not contribute to establishing constitutional legal foundation within the economic sphere. The main result of this research is the attempt to shed light on the cases of non-compliance by courts and authorities with the part 2 of Article 15 of the Russian Constitution, which in turn represent the constitutional guarantees of protection of economic rights of the citizens and businesses from non-adherence by the branches of government with the constitution of the Russian Federation and other normative acts. The practice of “ignoring” the positions of this legislation in the work of public authority contributes to rejection of the supremacy of the Constitution of the Russian Federation.

DOI: 10.7256/2454-0706.2015.7.42792

Abstract: The subject of this research is the current law enforcement and judicial practice in antimonopoly cases, in the process of which the government authorities do not fully adhere to the norms of the legislation with regards to upholding various procedures for establishing a dominant businesses position on the market. Despite the requirements on mandatory adherence to the principle of lawfulness in the work of the branches of public authority, the said practice is also being “strengthened” by the legal precedent, which does not contribute to establishing constitutional legal foundation within the economic sphere. The main result of this research is the attempt to shed light on the cases of non-compliance by courts and authorities with the part 2 of Article 15 of the Russian Constitution, which in turn represent the constitutional guarantees of protection of economic rights of the citizens and businesses from non-adherence by the branches of government with the constitution of the Russian Federation and other normative acts. The practice of “ignoring” the positions of this legislation in the work of public authority contributes to rejection of the supremacy of the Constitution of the Russian Federation.

DOI: 10.7256/2454-0706.2014.9.12350

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DOI: 10.7256/2454-0595.2014.9.12711

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DOI: 10.7256/2454-0706.2014.9.42478

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