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Publications of Zhidkikh Anatolii Aleksandrovich
Legal Studies, 2013-11
Zhidkikh A.A. - Participation of prosecution in guaranteeing constitutional lawfulness in the process of legislative formation in the Russian Federation. pp. 51-63

DOI:
10.7256/2305-9699.2013.11.9685

Abstract: The article is devoted to participation of the prosecution in guaranteeing of constitutional lawfulness in the process of legislative formation in the Russian Federation. The article concerns a number of aspects of these prosecutor activities. The author analyzes the term lawfulness in its broad and narrow meanings, its correlation with international law and its value within the law-making activities in the Russian Federation. The author also studies the lawfulness guarantees  in the law-making by various state bodies. The author evaluates the input of prosecutors into protection of constitutional lawfulness within the process of formation of a positive law system of the Russian Federation, as well as the use of prosecutor control against violations of constitutional lawfulness in the law-making process.  The author also discusses direct participation of prosecution in the law-making activities of the state government and municipal bodies. The author then points out the value of prosecutor activities in eliminating corruption-generating factors in the sphere of legislative drafting, and analyzes the topical issues of implementation of such prosecutor activities.  One of such topical issues is elimination of contradictions with the Constitution of the Russian Federation from the drafts of normative legal documents.
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