Preview

Law Enforcement Review

Advanced search

Responsibility of the president and the prosecutor's office for the integrity and security of the state

https://doi.org/10.52468/2542-1514.2021.5(2).86-98

Abstract

The subject. The evolution of regulation of prosecutor’s activity in Russian Constitution as well as the role of Prosecutor's Office in provision of national security and integrity are being considered.

The purpose of the article is to confirm or disprove hypothesis that the preservation of the Prosecutor's Office made it possible to prevent the destruction of the Russian Federation and protect the country's security from significant threats.

The methodology. The authors use a dialectical method as well as analysis and synthesis. An important role is given to formal legal interpretation of Russian Constitution and legal acts.

The main results, scope of application. The question of who saved the Russian Prosecutor's Office from the attempt to liquidate it in the autumn of 1993 is being covered in detail. There was not even a mention of the Prosecutor's Office in the draft Constitution of the Russian Federation. The Prosecutor's Office was supposed to be replaced by the institution of authorized representatives of the President in the constituent entities of the Russian Federation. Chapter 7 of the Russian Constitution was called "Judicial Power" until 2014, and it lacked the word "prosecutor's office", which caused a lot of bewilderment in the scientific and educational literature and turned the content of Chapter 7 into a kind of mystery. The article reveals the role of Alexander I. Kazannik in preserving the Russian Prosecutor's Office. The authors of the article name the main threats to state security: duplication of the powers of the federal government and the lack of effective legal guarantees of their responsibility, asymmetry of Russian federalism. Asymmetry leads to uneven implementation of citizens' rights and freedoms and distrust of power. The criteria for assessing the scientific activities of universities established in 2013 also pose a threat to state security.

Conclusions. President Vladimir Putin has preserved the integrity and sovereignty of Russia, enforced the principle of the supremacy of federal law and strengthens Russia's security with the help of the Prosecutor's Office. The authors propose measures to strengthen Russia's security: (1) introduce a competitive selection procedure for the post of Prosecutor General of the Russian Federation with the participation of civil society institutions, which would have the right to present candidates to the Federation Council; (2) adopt a federal law on the Administration of the President of the Russian Federation to avoid duplication of powers with the Russian Government and other authorities; (3) change the criteria for assessing the scientific activity of universities, established by the Ministry of Science of the Russian Federation.

About the Authors

N. A. Blokhina
Togliatti State University
Russian Federation

Natalia А. Blokhina – PhD in Law, Associate Professor; Associate Professor, Department of Constitutional and Administrative Law

14, Belorusskaya ul., Togliatti, 445020, Russia

RSCI SPIN-code: 1925-0161; AuthorID: 634491



M. A. Vlasova
Togliatti State University
Russian Federation

Maria A. Vlasova – PhD student, Department of Constitutional and Administrative Law

14, Belorusskaya ul., Togliatti, 445020, Russia



References

1. Bobrova N.A. "War of the Laws", or "On the inadmissibility of weakening guarantees of the supremacy of federal law". Zakon i pravo = Law and Legislation, 2000, no 2, pp. 28–33. (In Russ.).

2. Bobrova N.A. Duma on the Duma: diaries and memoirs of the deputy of the four convocations. To the 25th anniversary of the Samara Governor's Duma. Samara, Samara RAS Center Publ., 2019. 195 p. (In Russ.).

3. Avakyan S.А. Russia's Constitutional Law. Vol. 2. Moscow, Norma Publ.; INFRA-М Publ., 2010. 928 p. (In Russ.).

4. Ivanov S.V. Constitutional and legal guarantees of state unity and territorial integrity of the Russian Federa-tion. Cand. Diss. Omsk, 2018, 244 p. (In Russ.).

5. Kazannik A.I. Constitutional and legal guarantees of unity and territorial integrity of modern federative states (comparative analysis). Vestnik Omskogo Universiteta. Seriya "Pravo" = Herald of Omsk University. Series "Law", 2015, no. 4, рр. 35–46. (In Russ.).

6. Ivanov S.V. Constitutional legal support of the modern Russia’s state unity and territorial integrity (socio-economic aspect). Pravoprimenenie = Law Enforcement Review, 2019, vol. 3, no 1, pp. 44–54. DOI: 10.24147/2542-1514.2019.3(1).44-54 (In Russ.).

7. Malyi A.F. On the equality of rights of constituent entities of the Russian Federation and criteria for its manifestation. Konstitutsionnoe i munitsipal'noe pravo = Constitutional and municipal law, 2019, no 7, pp. 51–54. (In Russ.).

8. Kostyukov A.N., Maslov K.V. The legal aspects of tax security of the state. Vestnik Omskogo Universiteta. Seriya "Pravo"= Herald of Omsk University. Series "Law", 2015, no. 4, рр. 117–121. (In Russ.).

9. Vinogradov V.А. On the constitutional torts of the legislation of the subjects of the Russian Federation, in: Avakyan S.A. (ed.). Constitutional law of subjects of Russian Federation. Moscow, MSU Publ, 1999. Pp. 33–37. (In Russ.).

10. Lebedev V.А. The theoretical basis of the constitutional and legal responsibility of the subjects of the Russian Federation. Vestnik Chelyabinskogo gosudarstvennogo universiteta. Seriya: Pravo = Bulletin of Chelyabinsk State University. Series: Law, 2001, no. 1, pp. 45–51. (In Russ.).

11. Narutto S.V. Problems of legal responsibility of the subject of the Federation. Pravovedenie, 1998, no. 4, pp. 17–22. (In Russ.).

12. Agapov А.S. Constitutional and legal responsibility in federal relations. Cand. Diss. Thesis. Moscow, 2008. 24 р. (In Russ.).

13. Bartsits I.N. Federal Responsibility. Constitutional and legal aspects. Moscow, REA Publ., 1999. 197 р. (In Russ.).

14. Zametina T.V. Constitutional and legal frameworks for federal responsibility. Leningradskii yuridicheskii zhurnal = Leningrad Legal Journal, 2012, no. 2, pp. 4–9. (In Russ.).

15. Bezrukov А.V. Modernization of measures of constitutional responsibility of State authorities of the subjects of the Russian Federation in the context of federal transformations. Gosudarstvennaya vlast' i mestnoe samou-pravlenie = State power and local self-government, 2010, no. 5, pp. 55–59. (In Russ.).

16. Kondrashov А.А. Constitutional and legal responsibility of the subjects of the federation: theory and legislative regulation in the Russian Federation. Krasnoyarsk, Siberian Law Institute of MIA of Russia Publ., 1999. 111 p. (In Russ.).

17. Karasev М.N. On the state-legal responsibility of the highest officials of the subjects of the Russian Federation. Zhurnal rossiiskogo prava = Journal of Russian Law, 2000, no. 7, pp. 29–37. (In Russ.).

18. Fedulova L.V. Constitutional and legal responsibility of the highest officials of the subjects of the Russian Federation, Cand. Diss.Thesis. Moscow, 2007. 30 p. (In Russ.).

19. Trofimova G.А. The main approaches to determining the grounds of constitutional and legal responsibility of the federal authorities. Konstitutsionnoe i munitsipal'noe pravo = Constitutional and municipal law, 2013, no. 8, pp. 17–21. (In Russ.).

20. Hugaeva R.G. Constitutional Responsibility of the Highest Authorities of the Russian Federation. Cand. Diss.Thesis. Vladikavkaz, 2011. 24 p. (In Russ.).

21. Chebus А.V. Parliamentary Responsibility of the Government: constitutional and legal and comparative research. Doct. Diss. Thesis. Penza, 2020. 52 p. (In Russ.).

22. Trofimova G.А. The foundations of the constitutional and legal responsibility of the President of the Russian Federation. Konstitutsionnoe i munitsipal'noe pravo = Constitutional and municipal law, 2011, no. 1, pp. 3–7. (In Russ.).

23. Dobrynin N.М. To the question of the constitutional responsibility of the state. Gosudarstvo i pravo = State and Law, 2010, no. 10, pp. 7–11. (In Russ.).

24. Zakhartsev S.I., Salnikov V.P. Philosophy and Legal Science. Moscow: Jurlitinform Publ., 2019. 424 p. (In Russ.).

25. Kokorin S.N. Constitutional and legal responsibility of the Russian state authorities (in the context of national security Vlast' = The Authority, 2009, no. 2, pp. 3–7. (In Russ.).

26. Kostyukov A.N. Vanishing democracy. Konstitutsionnoe i munitsipal'noe pravo = Constitutional and municipal law, 2017, no. 8, pp. 33–38. (In Russ.).

27. Kostyukov A.N. Implementation of human rights and citizens in Russia's constitutional law: year 2017. Kon-stitutsionnoe i munitsipal'noe pravo = Constitutional and municipal law, 2017, no 2, pp. 17–23. (In Russ.).

28. Bulatov R.B., Andreytso S.Yu. The Constitutional Development of Russian Society: About Some Problems of the General Concept. Yuridicheskaya nauka: istoriya i sovremennost', 2017, no. 8, pp. 59–72. (In Russ.).

29. Bobrova N.A. 2019 Professorial Forum. "Science. Education. Regions" (Moscow, February 6-7, 2019). Pravoprimenenie = Law Enforcement Review, 2019, vol. 3, no 1, pp.138–140. DOI: 10.24147/2542-1514.2019.3(1). 138-140 (In Russ.).

30. Bobrova N.A. On the unconstitutionality of the criteria for assessing the scientific activity of universities, established in December 2013. Konstitutsionnoe i munitsipal'noe pravo = Constitutional and municipal law, 2018, no. 6, pp. 62–66. (In Russ.).

31. Narutto S.V. The Nomenclature of scientific specialties and the new model of award of academic degrees: Russian Experience. Pravoprimenenie = Law Enforcement Review. 2019, vol. 3, no. 1, pp. 24–32. DOI: 10.24147/2542-1514.2019.3(1).24-32 (In Russ.).


Review

For citations:


Blokhina N.A., Vlasova M.A. Responsibility of the president and the prosecutor's office for the integrity and security of the state. Law Enforcement Review. 2021;5(2):86-98. https://doi.org/10.52468/2542-1514.2021.5(2).86-98

Views: 490


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2542-1514 (Print)
ISSN 2658-4050 (Online)