Suchergebnisse

The Russian Federation became a member of the Council of Europe in 1996. This step determined the development of Russia's judicial system for the coming several decades and made it possible for Russia's national system of law to integrate into judicial landscape of Europe, thereby enabling Russia to uphold democratic values. The emergence of new legislation affected all branches of Russia's system of law. But the experience of the two decades has demonstrated that such modernization can be effective only by way of dialogue rather than by simple copying and implementing international rules. An important role in this process was played by the Constitutional Court of the Russian Federation (RF) that was founded in 1991. The paper reviews the role it played in the 1993 Constitutional crisis, examines the Court's structure and powers, and also analyzes the juridical nature of its decisions. The Author analyzes the collisions between decisions handed down by the European Court of Human Rights and the Constitution of Russia from the point of view of the stand taken by the Constitutional Court of the RF. In the¿ end, the Author arrives at the conclusion that there is a need for a dialogue among European and national systems of justice with the help of filtration mechanisms and multilevel constitutionalism ; The Russian Federation became a member of the Council of Europe in 1996. This step determined the development of Russia's judicial system for the coming several decades and made it possible for Russia's national system of law to integrate into judicial landscape of Europe, thereby enabling Russia to uphold democratic values. The emergence of new legislation affected all branches of Russia's system of law. But the experience of the two decades has demonstrated that such modernization can be effective only by way of dialogue rather than by simple copying and implementing international rules. An important role in this process was played by the Constitutional Court of the Russian Federation (RF) that was founded in 1991. The paper reviews the role it played in the 1993 Constitutional crisis, examines the Court's structure and powers, and also analyzes the juridical nature of its decisions. The Author analyzes the collisions between decisions handed down by the European Court of Human Rights and the Constitution of Russia from the point of view of the stand taken by the Constitutional Court of the RF. In the¿ end, the Author arrives at the conclusion that there is a need for a dialogue among European and national systems of justice with the help of filtration mechanisms and multilevel constitutionalism.

Abstract The given article offers a political and legal analysis of the constitutions of the members of the Commonwealth of Independent States that began constructing their independent statehood after the collapse of the USSR. The authors conducted a comparative analysis of such institutions in the CIS as the parliament, presidency, courts and found out that the studied institutional features could be described as "modern traditionalism." At the same time prevalence is given to informal political practices (clans, interest groups, and political networks) that facilitate the political process in these countries. By opposing the traditional constitutional institutions, these informal mechanisms and structures could be able to "seize the government" and cause the emergence of neopatrimonialism. The paper describes various models of the neopatrimonialism regimes which allows to depart from a simplified description of these regimes as being "authoritarian" and find new "hybrid" institutions, that accumulate both formal and informal power.