24 (1)
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2024
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catalogue – 43669
ANTINOMIES
Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)

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Law

Nation and National Minorities in Parliament: from XX to XXI Century

Filippova Natalya

Abstract: The article examines the reasons for the formation of new institutions, which represents national minorities in contemporary parliamentary legislation. This process was particularly intense in the first two decades of the XXI century, as it is reflected in national constitutional reforms, as well as in changes of international law. However, the article argues that the Russian constitutional law is not ready for the reception of these institutions, because it is characterized by the regulation of the legal status of minorities, precluding their collective political participation. Unlike the majority of the studies of this issue, the author proves the correlation between the legal doctrine of the nation and the decision on the admissibility (inadmissibility) of the separate representation of national minorities. The conclusion is made that "the revolution of minorities" in the parliament is a natural stage in the development of the systems of public representation in the countries with continental law system. The revision of the classical principles of parliamentarism means commitment to the fundamental idea of the nation as a legal entity. Also, it is argued that the productive reform of electoral and parliamentary legislation is only possible if there is a distinction of the forms of representation of traditional ethnic minorities on the one hand, and indigenous peoples, on the other hand.

 

Keywords: nation, national minorities, system of public representation, ethnic minorities, indigenous peoples.

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Modern Constitutional Reforms of Russian Federalism: Search for Optimal Structures and Prospects

Bezrukov, Andrey

Abstract: The article examines the main trends in the modern federal reforms. The author analyzes the methods of formation of Chambers of the Federal Assembly of the Russian Federation, the procedure of filling the position of the Head of subject of the Russian Federation, and the procedure of changing the subject composition of the Russian Federation. The way of optimization of the formation of Federal and regional powers is proposed, namely, gradual transition to the election of members of Federal Assembly. The author positively estimates the return to elections of deputies of the State Duma according to the mixed majoritarian-proportional system. Based on the analysis of current legislation and legal positions of the Constitutional Court of the Russian Federation, the author proposes adjustments of the existing order of replacement of the position of the Head of the RF subjects directed toward democratization and facilitation. The author develops directions of perfection of the Federal transformations, namely, the improvement and legislative adjustments of the procedure of changing the subject composition of the Russian Federation, which excludes the combination of acceptance and formation of new subject of the Russian Federation. The practice of adoption of new subjects of the Russian Federation and directions of its optimization is studied.

 

Keywords: Constitution of the Russian federation; federal system; federal transformation; justice; Parliament; Federal Assembly; State Duma; Head of RF subject; change of subject composition of Russia; adoption of new subject of the Russian Federation.

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Constitutional and Legal Aspects of Implementing the People's Constitutional Right of Resistance

Kondrashev Andrey

Abstract: The article analyses the reasons and conditions of the implementation of people’s right of resistance in the international legislation and the legislation of various countries. The history of the normative fixing of this right in the international acts and in the constitutions of a number of the European countries is observed. The philosophical views of J. Locke and J.-J. Rousseau regarding justification of the right of resistance are analyzed. There is a lack of studies of the right of resistance in Russian constitutional scientific discourse, except two short articles. In the present article, ten basic principles of the implementation of people’s right of resistance through the analysis of the reasons for revolts against authorities in various countries are allocated. The author suggests discussing the possibility of fixing the general provisions of people’s right of resistance against illegal actions of the government in the Constitution of Russia, similar to several constitutions of foreign countries, and to involve leading constitutionalists in such discussion. The conclusion is made that it is people who legitimate the power through elections, providing the power with the mandate to govern and to execute legal coercion. If it is not possible to transfer (to take away) the power from the officials who discredit it by legal means, the compelled decision concerning the revolt against the authorities is made (although such decision is extremely dangerous and leads to bloodshed, and sometimes to civil war).

 

Keywords: resistance, opposition, protest, revolt, president, parliament.

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