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On Modifications to the Constitution of the Russian Federation in 2020 for the Development of Entrepreneurial Activity
International audience ; The present study investigates the amendments to the Constitution of the Russian Federation announced by the President of the Russian Federation Vladimir Putin during his annual speech addressed to the Federal Assembly on 15th January 2020. Methodology: The experience of recent years shows that in a changing economic environment, the network of business processes changes qualitatively and acquires a new economic content. At the same time, the system of economic activity has a systematic character and is characterized by a set of standard economic processes. Conclusion: The research examines how the amendments may affect the social guarantees of the people of the Russian Federation, what role is dedicated to the bodies in the separation of powers, and why it is important to change the conditions for electing a candidate for Presidency. The approach is interdisciplinary and links Russian legal norms, applicable rules and human behavior. The main methods used in the research are analysis, comparative-legal, historical-legal and formal-legal methods. The study provides a legal and political picture of the context of modifications to the Constitution of the Russian Federation in 2020.
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On Modifications to the Constitution of the Russian Federation in 2020 for the Development of Entrepreneurial Activity
International audience ; The present study investigates the amendments to the Constitution of the Russian Federation announced by the President of the Russian Federation Vladimir Putin during his annual speech addressed to the Federal Assembly on 15th January 2020. Methodology: The experience of recent years shows that in a changing economic environment, the network of business processes changes qualitatively and acquires a new economic content. At the same time, the system of economic activity has a systematic character and is characterized by a set of standard economic processes. Conclusion: The research examines how the amendments may affect the social guarantees of the people of the Russian Federation, what role is dedicated to the bodies in the separation of powers, and why it is important to change the conditions for electing a candidate for Presidency. The approach is interdisciplinary and links Russian legal norms, applicable rules and human behavior. The main methods used in the research are analysis, comparative-legal, historical-legal and formal-legal methods. The study provides a legal and political picture of the context of modifications to the Constitution of the Russian Federation in 2020.
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Amendments of Russian constitution concerning international law and the BRICS
In: Revista de investigações constitucionais, Volume 7, Issue 2, p. 337
ISSN: 2359-5639
Amendments of Russian constitution concerning international law and the BRICS
The paper presents the current constitutional reform in Russia focusing on the constitutional amendment concerning the international case law. The amended article 79 of the Constitution of Russian Federation restricts the international case law applicability in Russia. There was no polemic around the draft of the constitutional amendment and this restriction was accepted by experts, politicians and public without any discussion. To certain extent this unanimous acceptance could be explained by general positivistic trend in Russia. The amendment is in line with the positivistic approach to the international law formed in Russia recently. The strategic documents on the cooperation within BRICS are scrutinized showing that the positivistic approach is in line with the strategies of Russia announced previously. Based on the general scientific methods and on the method of academic foresight the authors made the following conclusions. The constitutional reform regarding international law does not affect the BRICS documents directly and it does not go against the principles of BRICS cooperation announced by Russia. However, there are certain indirect implications. It is clear that the reform deepens divergences between the BRICS countries. The differences in the approaches to the human rights, certain ideological differences will become more acute within BRICS and there is a space for political use of these differences.
BASE
Amendments of Russian constitution concerning international law and the BRICS
The paper presents the current constitutional reform in Russia focusing on the constitutional amendment concerning the international case law. The amended article 79 of the Constitution of Russian Federation restricts the international case law applicability in Russia. There was no polemic around the draft of the constitutional amendment and this restriction was accepted by experts, politicians and public without any discussion. To certain extent this unanimous acceptance could be explained by general positivistic trend in Russia. The amendment is in line with the positivistic approach to the international law formed in Russia recently. The strategic documents on the cooperation within BRICS are scrutinized showing that the positivistic approach is in line with the strategies of Russia announced previously. Based on the general scientific methods and on the method of academic foresight the authors made the following conclusions. The constitutional reform regarding international law does not affect the BRICS documents directly and it does not go against the principles of BRICS cooperation announced by Russia. However, there are certain indirect implications. It is clear that the reform deepens divergences between the BRICS countries. The differences in the approaches to the human rights, certain ideological differences will become more acute within BRICS and there is a space for political use of these differences.
BASE
Amendments of Russian constitution concerning international law and the BRICS
Abstract The paper presents the current constitutional reform in Russia focusing on the constitutional amendment concerning the international case law. The amended article 79 of the Constitution of Russian Federation restricts the international case law applicability in Russia. There was no polemic around the draft of the constitutional amendment and this restriction was accepted by experts, politicians and public without any discussion. To certain extent this unanimous acceptance could be explained by general positivistic trend in Russia. The amendment is in line with the positivistic approach to the international law formed in Russia recently. The strategic documents on the cooperation within BRICS are scrutinized showing that the positivistic approach is in line with the strategies of Russia announced previously. Based on the general scientific methods and on the method of academic foresight the authors made the following conclusions. The constitutional reform regarding international law does not affect the BRICS documents directly and it does not go against the principles of BRICS cooperation announced by Russia. However, there are certain indirect implications. It is clear that the reform deepens divergences between the BRICS countries. The differences in the approaches to the human rights, certain ideological differences will become more acute within BRICS and there is a space for political use of these differences.
BASE
Amendments to Russian Constitution and International Institutions Decisions: EAEU Prospective
In: Političeskie issledovanija: Polis ; naučnyj i kul'turno-prosvetitel'skij žurnal = Political studies, Issue 5, p. 164-176
ISSN: 1684-0070
The constitutional reforms in Russia are amongst the most significant news for Russia's partners in international relations. The configuration of international law and Russian domestic legal order falls within the scope of the constitutional changes of 2020, and there is no chance that this change will be abandoned by the legislator. This particular amendment was not actively commented on during the nationwide discussion on the constitutional reform; it drew mostly experts' attention. The article alleges that the constitutional amendment restricting the applicability of international case law in Russia is both a transient response to the instant political tension around Russia, and a formalization of the positivistic trend well established in domestic judicial practice. The positivistic trend is part of the process shaping Russia's own approach to international law. The prospective amendment concerning international case law in the Constitution of the Russian Federation will not hinder the rules expressly stated in the treaties of the EAEU. However, the resolutions of the EAEU's structures and institutions, including the case law of the Court of the EAEU, are likely to be scrutinized in a defensive way by Russian Constitutional court in situations extraordinary for the Russian State, ensuring their conformity with the unquestionable and unconditional supremacy of the Russian Constitution.
The verdict to N. Sarkozy: Corruption in public sector and corporate corruption in the eyes of society
In: Vestnik Sankt-Peterburgskogo universiteta: Vestnik of Saint-Petersburg University. Filosofija i konfliktologija = Philosophy and conflict studies, Volume 39, Issue 1, p. 129-144
ISSN: 2541-9382
Corruption is a multifaced and controversial phenomenon, attracting attention of various social sciences. Conflictology considers corruption as a conflict destroying the social structure. Corruption entails the clash of different interests including interests of largescale business, government, and interests of specific officials. Society treats corporate and public governance corruption differently, aggravating the conflict and the counteraction against corruption. The court decision of 2021 sentencing the 23rd President of France Nicholas Sarkozy allows to demonstrate the controversies in public opinion to the corruption in public governance and corporations. Besides the general scientific methods, the authors addressed to the survey of students studying politics. Corruption in public governance is explicitly considered to be a menace to the society and criminal offence. Corruption in corporations is a menace from the public opinion perspective, but, at the same time, it is considered a constrained and acceptable form of work albeit unethical. Largescale corporations are issuing ethical codes with anticorruption provisions, however in fact they are inefficient and ignored by their employees. Admitting corruption to be a constrained phenomenon more harsh penalty for corrupted top managers is at the same time desirable. The corruption scandals around ex-president of France Sarkozy demonstrate the reputation losses of big multinationals while their top managers escaped the responsibility and fell out of the social opinion spotlight. The research shows the fission of interests and sophistication of social conflict around corruption.