Magomed Kubatayev. Dagestanis in Russia and abroad
Magomed Tallaev- General Director of the Moscow Champagne Wine Factory. Moscow
Magomed Kubataev- owner of technical and shopping center"Warshavsky". Moscow
Kazima Bulaeva– Doctor of Biological Sciences, chief researcher at the Institute of General Genetics of the Russian Academy of Sciences, specialist in the field of human genetics.
Abdul-Mazhid Magramov— graduate and teacher of the Moscow Irrigation Institute. Candidate of Technical Sciences, General Director of a production and trading company, active participant and sponsor of many events of the Cultural Center. At his own expense, he immortalized his fellow Muscovite, twice Hero Soviet Union, test pilot Ahmed Khan Sultan, erecting monuments to him at the airport in Makhachkala and on Aviators Avenue in Yaroslavl. Moscow
Rasul Aziev– Doctor of Chemical Sciences, Professor at Moscow State University. Area of scientific interests is the development of scientific foundations for the creation of new energy-saving, high-intensity chemical-technological processes characterized by a high level of safety. Trained about 30 candidates of sciences
Zainutdin Magomedov– specialist in the field of thin film physics and physical materials science, General Director of Sigma-Optic JSC. The company he heads is engaged in the development of equipment for ecology, medicine, food control and new technologies in the oil and gas complex.
Navruzbek Navruzbekov– Head of the production company “Zetta”. Moscow
Jennet Shamasova- composer, Honored Artist of Dagestan, member of the Union of Composers of Russia. D. Shamasova's works are performed in Russia, Sweden, Finland, and the USA. Moscow
Magomed Dibirov - Head of the Department of Surgery, Moscow State Medical University, Deputy. Chairman of the Association of Surgeons of Russia, Honored Doctor and Scientist of the Russian Federation, Professor. Moscow
Sadulla Abakarov- Head of the Department, Dean of the Dental Faculty of the Russian Academy of Medical Sciences of Postgraduate Education, Honored Scientist of the Russian Federation, Professor. Moscow
Alexander Zharkov- Candidate of Medical Sciences, chief physician at the Izmailovo Children's City Hospital. Moscow
Felix Shamkhalov– Professor, Corresponding Member of the Russian Academy of Sciences, graduated from Moscow Commercial University with a degree in economics. In December, he graduated from the Russian Academy of Public Administration under the President of the Russian Federation with a degree in state and municipal administration. Last year he defended his dissertation for the degree of doctor economic sciences. Since 1 year - Deputy Head Federal service for supervision in the field of education and science - Chief Scientific Secretary of the Higher Attestation Commission. Chairman of the scientific and editorial board of the scientific and production association "Economy" (Moscow), deputy director for science of the Central Economics and Mathematics Institute of the Russian Academy of Sciences, president of the all-Russian public organization "Russian Club of Economists". Honored Scientist of the Russian Federation, laureate of the State Prize for Science and Technology of the Russian Federation in 2001. Moscow
Ruslan Ibragimov– permanent representative of the Republic of Dagestan in the Krasnodar region.
Alexander Zubairov— Chairman of the public organization “National-cultural autonomy of representatives of the Republic of Dagestan in Surgut.”
Kaytmaz Avarsky— in 1982 he graduated with honors from the Dagestan State Pedagogical Institute, Faculty of Art and Graphics. He taught at school and the Dagestan art school in Makhachkala. In 1990 he graduated from graduate school at the Tbilisi State University State Academy arts Worked as a research assistant at the Dagestan branch Russian Academy Sciences, at the Institute of History, Language, Literature and Art. Since 1996 member of the Union of Artists of Russia. He is the deputy chairman of the non-profit organization VTOO SHR.
Since 2001 is the representative of the Republic of Dagestan in the Primorsky Territory. Heads the Primorsky regional public organization"Dagestan cultural center Serir".
Since 2004 heads the Council for Nationalities under the administration of the Nakhodka urban district. He is a member of the Council of the Assembly of Peoples of Primorye. Since 2006 - director of the municipal cultural institution "Vernissage" in the city of Nakhodka.
Nurmet Aliyev- graduated from Kherson in 1982 nautical school fishing industry, specializing in “Operation of ship power plants” with the qualification of a marine engineer. In 2002 he graduated from the Faculty of Law of the St. Petersburg State University of Engineering and Economics.
In 1992-1994 he worked at Dalmoreproduct OJSC, from 1995 to 1999 at Roliz CJSC, and since 1999 as General Director of Sabina LLC.
Since June 2003 - deputy of the Vladivostok City Duma.
Member of the standing committee on budget, taxes and finance, standing committee on economic policy and municipal property, the permanent commission on urban services. Vladivostok
Jarullah Ahadullaev - Head of the Ryazan Regional Lezgin National-Cultural Autonomy. Ryazan
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KUBATAEV MAGOMED GADZHIEVICH. LEGAL ACTS OF THE PRESIDENT OF THE RUSSIAN FEDERATION: Dissertation for the degree of candidate of legal sciences: 12.00.02. - Moscow, 2000.
Introduction
CHAPTER 1 Legal acts of the President of the Russian Federation, the form of implementation of his constitutional powers .
1 Concept and legal nature of the legal act of the President of the Russian Federation 10
2 Classification and types of legal acts of the President of the Russian Federation 30
3 Preparation of the procedure for issuing legal acts of the President of the Russian Federation 58
CHAPTER 2 The place of legal acts of the President of the Russian Federation in the system of normative legal acts
1 The relationship between legal acts of the President of the Russian Federation and federal regulatory legal acts 81
2 Legal acts of the President of the Russian Federation and regulatory legal acts of the constituent entities of the Russian Federation 105
Conclusion 117
List of used literature 124
Introduction to the work
Relevance of the topic. The Law “On the President of the RSFSR” of April 24, 1991 characterized the President as the highest official of the RSFSR and the head of the executive branch of the RSFSR. In its development, this institute has undergone certain changes. With the adoption of the Constitution of the Russian Federation in 1993, the status of the President of the Russian Federation was transformed from the head of the executive branch to the head of state. Almost ten years have passed since the introduction of the post of President in Russia. The President carries out most of his functions as head of state through the issuance of legal acts.
In the science of constitutional law, attempts have been made to analyze the legal acts of the President of the Russian Federation, but these studies were predominantly unsystematized, fragmentary in nature and mainly concerned only the decrees of the head of state. But along with decrees, the Russian President issues orders. Therefore, it is necessary to determine the legal force of both decrees and orders and identify their delimitation criteria.
In addition to the above-mentioned acts, the Russian President signs various kinds of letters, conclusions and requests, issues documents of programmatic and political content - messages, programs, statements. However, attempts at their comprehensive analysis in state legal science have rarely been made.
By examining the legal acts of the President of the Russian Federation, one can imagine the shortcomings of our current legal system and ways to eliminate them. These circumstances determined the choice of topic for this dissertation research.
The degree of development of the topic and the range of sources. In science, problems associated with activities Russian President are constantly in the spotlight of many scientists; lawyers, political scientists, representatives of science.
The theoretical basis of the dissertation research was the works of Russian scientists; V.O.Luchina, Yu.A.Tikhomirova, Recognizing the importance of the contribution of these and many other scientists to the development of the problem of the status of the domestic President, his activities, it is necessary, however, to note the insufficient development of the problem of the acts themselves issued by the President of the Russian Federation, their features and distinctive features.
It should be noted that in the scientific legal literature there is no comprehensive analysis and generalization of the rule-making practice of the head of the Russian state.
The dissertation uses a wide range of legal sources, including not only the current Constitution of the Russian Federation of 1993, but also the constitutions of the RSFSR, the USSR, and the constitutions of states such as the USA. France. Italy, Spain. Great Britain, Poland, Portugal, some constitutions of member countries of the Commonwealth of Independent States, laws of the USSR RSFSR and the Russian Federation, federal constitutional and federal laws of the Russian Federation, decrees and orders of the President of the USSR and the President of the Russian Federation, acts of the Government of the Russian Federation, the Constitutional Court of the Russian Federation, legislative and executive bodies authorities of the subjects of the Federation. The theoretical basis of the dissertation was also the messages of the Russian President Federal Assembly. The author examined analytical and statistical documents devoted to the activities of the President of the Russian Federation.
The purpose and objectives of dissertation research.
The main goal of the dissertation is to examine the processes of formation and development of the institution of the President in Russia; research into the concept of the legal nature of legal acts of the head of state, their classifications of types and, preparation of the procedure for issuing legal acts of the President of the Russian Federation and the place of legal acts of the President of the Russian Federation in the system of normative legal acts. In this regard, the following research objectives were set:
Analyze the institution of the President, the features of its functioning and development trends; identify its place in the system of government bodies of the Russian Federation;
Define the concept, types and legal nature of acts of the President of the Russian Federation, classify them;
Explore the problem of “decree law” and consider the issue of delegated lawmaking;
Determine the criteria for the relationship between acts of the President of the Russian Federation and federal regulatory legal acts;
Identify the relationship between acts of the Russian President and regulatory legal acts of government bodies of the constituent entities of the Federation;
Methodological basis of the study.
When solving the assigned problems in the interests of achieving the goal of the dissertation research, the author relied on modern methods knowledge identified and developed by legal science and tested in practice. The work is based on the methods of historical, comparative legal analysis. When studying constitutional and legal norms, methods of dialectical cognition, systemic, statistical and logical approaches, and other scientific research techniques were used, which made it possible to determine the role and significance of acts of the President of the Russian Federation, to identify the main problems associated with the rule-making competence of the head of state and possible ways to resolve them.
The scientific novelty of the dissertation lies in the consideration of a range of issues that were not previously the subject of scientific analysis.
The dissertation research is one of the first works devoted to the study of the history of the formation and development of the law-making activities of the President of the Russian Federation.
A comprehensive and systematized study of the legal acts of the head of state allows us to identify their essence, legal nature, and analyze the practice of their publication and application. The author makes proposals to improve legislation in this area.
The scientific novelty of the work is also predetermined by the nature of the problems under consideration, which have not been sufficiently studied in the legal literature (analysis of the constitutional and legal mechanism and practice of relations between the President and state authorities of the constituent entities of the Russian Federation, problems of delegated lawmaking in the Russian Federation).
Based on these studies, the dissertation proposes measures to improve the efficiency of interaction between the President of the Russian Federation and other government bodies.
The following provisions are submitted for defense.
Legal acts of the President of the Russian Federation, the form of implementation of his constitutional powers.
According to the dissertation author, in the conditions of the formation of a new legal system, there was a need to extend the powers of the President to issue legislative decrees that would be in force until the relevant federal laws came into force, formalizing this prerogative at the constitutional level. - The Constitution of Russia assigns a special role to the President in the mechanism of state power . Exercising his powers, the head of state issues legal acts. A classification of these acts is proposed depending on the competence of the head of state. The following acts and official documents of the President of Russia are distinguished: decrees, orders, messages, programs, concepts, provisions, doctrines, conclusions, letters, requests, statements. All of them are published in order to implement the internal and external functions of the head of state, temporary and permanent, as well as individual and collegial.
The necessity of giving special legal force to the annual message of the President to the Federal Assembly of Russia is substantiated. The dissertation author emphasizes that presidential messages are political and legal documents that serve as a guide for the legislative activities of parliament. At the same time, in relation to the federal Government, their imperativeness is obvious.
Contradictions arise between legal acts of the President of the Russian Federation, most often decrees and orders. There are acts that duplicate each other. The speedy adoption of the Law “On Regulatory Legal Acts of the Russian Federation”, as well as the generalization and systematization of acts of the head of state will help solve these problems.
The active participation of the Russian President in the legislative process indicates his significant influence on the fate of the laws adopted. This is especially evident at the stage of their signing, when the head of state has the right to veto a law adopted by the Federal Assembly. In our opinion, this constitutional right of the President of the Russian Federation must be formalized not by letter, but by decree of the head of state, since:
2/ There is an established hierarchy between the decree and the veto-overriding federal law adopted by parliament.
If the parliament overrides the veto of the President of the Russian Federation on a particular federal law, but the law does not comply with the Constitution in the order of adoption, it makes sense to reserve for the President the right to appeal to the Constitutional Court of the Russian Federation after the law is re-adopted by the Federal Assembly, but before its promulgation if the head of state believes that the law was adopted in violation of the procedure established by the Constitution of the Russian Federation. Thus, it is proposed to provide for another /optional/ stage of the legislative process. In this regard, appropriate additions should be made to the Federal Constitutional Law “On the Constitutional Court of the Russian Federation” and the regulations of the chambers of the Federal Assembly. The head of state is obliged to sign all federal constitutional laws without exception, but at the same time, if necessary, he must submit a request to the Constitutional Court of the Russian Federation in order to determine the compliance of the laws under consideration with the Constitution, including on procedural issues.
The question of the relationship between the decrees of the President of the Russian Federation and federal laws is important. Since the current Constitution is based on the principle of the supremacy of the laws of the Russian Federation, the Presidential Decree is a by-law. However, in cases where an urgent legislative solution to certain issues is required, it is advisable to provide for the right of the President to issue decrees that have the force of law, which will be in effect temporarily until federal laws come into force.
The work pays attention to the problem of delegated lawmaking. Analyzing foreign constitutional practice, the author comes to the conclusion that in Russia there is an urgent need to introduce this institution. Delegation of legislative powers to the President by parliament will allow the head of state to legitimately issue decrees on issues requiring legislative regulation.
The practical significance of the study lies in the fact that many of the provisions and conclusions, as well as conceptual approaches to the problems of the rule-making competence of the head of the Russian state contained in the dissertation can be used in practical work The President of the Russian Federation and his Administration when issuing decrees and orders. Certain provisions of the dissertation may be taken into account in the process of preparing messages from the President of the Russian Federation to the Federal Assembly, other acts and documents of the head of state.
The results of the study are also important for the implementation of a new constitutional model of state power in Russia.
The theoretical conclusions of this work can be used when delivering a course of lectures on the constitutional law of the Russian Federation and taken into account when developing special courses and teaching aids. Approbation of research results.
The main theoretical conclusions and provisions of the dissertation research were published in the journal: Lawyer No. 5, 2000 and in the journal “Advocate Practice” No. 2, 2000.
The concept and legal nature of the legal act of the President of the Russian Federation
In the regulatory framework, an increasingly prominent role is played by last years legal acts of the President. Their signs require careful analysis, and the problem of legal acts of the President is new for our legal system; it arose even before the appearance of the first decrees, during the period of lively discussion of the issue of introducing the institution of the President in Russia. On March 17, 1991, to the question: “Do you consider it necessary to introduce the post of President of the RSFSR, elected by popular vote?”, the majority of voters who took part in the all-Russian referendum answered in the affirmative. On this legal basis, the constitutional construction of the institution of the President began as a link between the highest legislative and executive bodies of the RSFSR. At the third session of the Supreme Council of the RSFSR, where the Law of the RSFSR "On the President of the RSFSR" was adopted and at the IV Congress of People's Deputies of the RSFSR, where the Law of the RSFSR "On Amendments and Additions to the Constitution (Basic Law) of the RSFSR" was approved, in general, in the context of the problem of future presidential power, the relationship The Constitution and presidential decrees became the subject of debate. The watershed of opinions was the question of determining the place of the post of President in the hierarchy Russian state according to the principle of separation of powers. It is noteworthy that the Law of the RSFSR "On the President of the RSFSR" dated April 24, 1991, enshrining legal status The President as the highest official and head of executive power in the RSFSR, determined the subordinate and executive-administrative nature of his activities. This was expressed, first of all, in the fact that the President was given the right to issue decrees and orders on the basis of and in pursuance of the Constitution and laws of the RSFSR, decisions of the Congress of People's Deputies and the Supreme Council of the RSFSR. With such a clear “legal basis” for the adoption of decrees and taking into account the principle of division of state power, the Supreme Council of the RSFSR allowed relatively wide limits for the specified activities of the President and guarantees of its stability. In accordance with Art. 8 of the said Law, the Congress of People's Deputies or the Supreme Council of the RSFSR, on the basis of the conclusion of the Constitutional Court of the RSFSR, could cancel the decrees of the President only if they contradict the Constitution and laws of the RSFSR, decisions of the Congress of People's Deputies and the Supreme Council of the RSFSR. The Constitutional Court was actually supposed to act as an arbiter in assessing the constitutionality of the Presidential decree by the Congress of People's Deputies or the Supreme Council of the RSFSR. Thus, presidential decrees were given high level stability and relative independence from the will of legislators. Of the two forms of law enforcement activities outlined in the Law of April 24, 1991
The President (decrees and orders) undoubtedly gave priority to decrees. According to the law, decrees must not contradict the Constitution and laws, their execution is mandatory throughout the entire territory of the RSFSR, and the Congress of People's Deputies and the Supreme Council of the RSFSR could cancel them in compliance with a certain procedure. All this defined the decree as the main act of exercising the competence of the President, directly enshrined in the Constitution and laws of the RSFSR and arising from the fundamental constitutional principles of separation of powers. The order was assigned the role of an act of an operational, individual and often organizational and authoritative nature. The IV Congress of People's Deputies of the RSFSR somewhat adjusted the legislator's position regarding the nature of the decree and its relative independence compared to the law. The Law of the RSFSR "On Amendments and Additions to the Constitution (Basic Law) of the RSFSR" dated May 24, 1991 granted the Congress of People's Deputies and the Supreme Council of the RSFSR the right to cancel decrees and orders of the President of the RSFSR, without directly conditioning their decision on the inconsistency of their Constitution, laws and other acts higher authorities state power of the RSFSR, and the Congress of People's Deputies of the RSFSR - also by the need for a conclusion by the Constitutional Court of the RSFSR.
Classification and types of legal acts of the President of the Russian Federation
The Constitution of the Russian Federation of 1993 enshrined, along with other important democratic principles, the principle of “separation of powers”. Its meaning is, first of all, to prevent the concentration of all power in one of its branches, the establishment of its dictatorship, on the other hand, to determine the functions of each of the branches of government, to delimit them, as well as to determine the powers and competence of the bodies that form them.
The President of Russia is assigned a special role in the mechanism of state power, and therefore a special competence defined by the Constitution of the Russian Federation. It covers all aspects of government activity and is comprehensive.
There are various classifications of the powers of the President of the Russian Federation. The most common is their differentiation according to spheres of public and state life.
It can also be argued that most of the functions of the head of state are implemented through the issuance of legal acts.
According to Art. 90 of the Constitution of the Russian Federation, the President of Russia issues decrees and orders that should not contradict the Basic and federal laws. The subordinate legislation of these acts is not directly stated, but in scientific literature their subordinate nature is recognized by the obvious majority of lawyers. A reasonable proposal has been made to indicate the mandatory compliance of all acts of the President of the Russian Federation with fundamental sources of law, directly enshrining this in the Russian Constitution. However, there is a completely opposite point of view, which allows for the possibility of the President of the Russian Federation issuing legal acts that fill gaps in the legislation.
It is necessary to find out what the difference is between decrees and orders. Traditionally, the first place in importance is given to decrees. They, in turn, are divided into regulatory and individual / law enforcement /. According to A.A. Belkin, such a classification of legal acts is very simplified and “preliminarily limits the possibilities of constitutional protection.” It is possible, but in terms of legal properties it seems quite difficult to more accurately delimit the decrees of the President of the Russian Federation. In the scientific literature, a normative legal act is characterized as an official document of lawmaking by a competent authority, containing legal norms.
The definition of the concept of a normative legal act was repeatedly given in the initiative drafts of the law on normative legal acts of the Russian Federation in 1992, 1993, 1995, 1997. The latest draft, published in 1999, Article 2 (a normative legal act is considered a written, official document adopted in a form determined by federal law, aimed at establishing, amending or repealing legal norms as generally binding state regulations of a permanent or temporary nature, designed to repeated use). Regulatory decrees of the President of the Russian Federation contain rules of law and regulate various areas public life, are of a generally binding nature, law enforcement - are of an individual, one-time nature and are adopted on specific management issues. Thus, a regulatory decree of the President of the Russian Federation is a legal act of the head of state, containing generally binding rules of behavior, aimed at regulating a wide range of social relations, designed for permanent , or long action and addressed to an indefinite number of subjects.
A non-normative /law enforcement/ decree is a form of expression of the powers of the President of the Russian Federation on specific issues, is designed for one-time implementation and is always personalized.
The relationship between legal acts of the President of the Russian Federation and federal regulatory legal acts
The question of the relationship between federal legal acts and legal acts of the President represents the most difficult problem in the relationship between laws and other regulations. In this case, we are talking not only about the relationship of normative acts, but also about the regulation of relations between two “equal” authorities directly elected by the people. It is with this in mind that one should approach the analysis of the relationship between the laws of the Russian Federation and the legal acts of the President.
According to Art. 90 of the Constitution, the President of the Russian Federation issues decrees and orders that are binding on the entire territory of the Russian Federation (Parts 1 and 2 of Article 90). Regarding the legal force of decrees, only one thing has been established: they must not contradict the Constitution and laws of the Russian Federation (Part 3 of Article 90). Based on the text of Art. 90 of the Constitution, it should be noted that decrees are not called by-laws (the words “issued on the basis of laws” are missing). But it also does not say that the decrees themselves serve as the basis for the issuance of decrees by the presidents of the republics, decrees of the governments of the constituent entities of the Federation and other normative acts “vertically” of the executive branch. And this is not an accidental silence. It corresponds to the essence of federal relations in a democratic state. Within the competence of the Federation, Presidential decrees are binding throughout the Russian Federation for all bodies, officials and citizens. The only condition for this is that the decrees comply with the Constitution and laws of the Russian Federation. However, the Constitution of the Russian Federation itself and the corresponding constitutions of the republics, charters of regions and laws on autonomies, as well as the Federal Treaty of March 31, 1992, limit this obligation to the subjects of jurisdiction of the Federation. Therefore, everything that goes beyond the scope of the Russian Federation’s own and joint jurisdiction with the constituent entities of the Russian Federation should not be regulated by decrees of the President of the Russian Federation, and the executive bodies of the constituent entities of the Federation have the right to regulate this independently in accordance with the Constitution and laws of the Russian Federation, constitutions, and charters of regions and charters or laws on autonomy (Article 66). Specific issues of delimitation of the subjects of joint jurisdiction of federal bodies and bodies of the subjects of the Federation are determined on the basis of the Constitution of the Russian Federation and treaties between the Federation and its subjects, and disputes about the competence between federal government bodies and government bodies of the subjects of the Federation are resolved Constitutional Court Russian Federation (clause “b”, part 3, article 125).
At the same time, the new Constitution established an important provision on the unity of the executive power system in the Russian Federation within the jurisdiction of the Federation, as well as the joint jurisdiction of the Russian Federation and its subjects (Part 2 of Article 77). This means that the executive authorities of the constituent entities of the Federation are obliged to take measures to implement the laws and acts of the federal executive authorities of Russia. The President of the Russian Federation has the right to use conciliation procedures to resolve disagreements on these issues (Part 1 of Article 85), and also has the right to suspend acts of executive authorities of the constituent entities of the Federation if these acts contradict the Constitution and laws
Russian Federation, international obligations
Russia or violation of human and civil rights and freedoms until this issue is resolved by the appropriate court (Part 2 of Article 85). These norms are of utmost importance for maintaining the unity of the Russian state and the actual implementation of laws and decrees of the President of the Russian Federation.
No less important is the question of the relationship between the decrees of the President of the Russian Federation and federal laws.
The starting point here is that Presidential decrees cannot contradict the Constitution and laws of the Russian Federation. However, before the adoption of the new Constitution of 1993, Presidential decrees often established norms at the legislative level, i.e. those that must be regulated by law. In cases where there is a clear gap in the law, these norms seem to interfere with the missing norms in the law. For example, by decree of the President of the Russian Federation, norms were introduced to increase the level of minimum wages and pensions for a certain period, various federal funds and some other governing bodies were created, although the structure of the Council of Ministers was subject to regulation in the Law on the Council of Ministers (Article 130 of the Constitution of the Russian Federation - Russia as amended December 1992). Controversies with current laws this often did not arise, but in essence the President seemed to use decrees to fill legislative gaps, performing the functions of a legislator.
The new Constitution of the Russian Federation is based on the principle of the supremacy of the Constitution and laws of the Federation throughout the territory of Russia (Part 2, Article 4). All government bodies, bodies local government, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws (Part 2 of Article 15).
Legal acts of the President of the Russian Federation and regulatory legal acts of the constituent entities of the Russian Federation
Acts of the President and heads of republics. The constitutional legislation of the Russian Federation and its subjects enshrines the status of heads of republics, regions, etc. This is a new institution for Russian statehood, and therefore the acts inherent in it are only being formed as a type of legal body. The derivativeness of acts from the nature of the status and scope of powers of presidents and heads of republics, governors and heads of administrations serves as an explanation for their high role and the breadth of regulated issues.
The types and main features of legal acts of the heads of the constituent entities of the Russian Federation are enshrined in the constitutions and charters, in the laws of the constituent entities of the Federation on normative legal acts. The similarity of names does not exclude, however, differences in the grounds for adoption and the content of these acts. Let's make some clarifications.
Republican constitutions regulate the status of the presidents of the republics and the main issues of the legal acts they issue. It is easy to see how different the reasons for the adoption of such acts are.
According to Art. 97 of the Constitution of the Republic of Bashkortostan, within the limits of his powers on the basis and in pursuance of current legislation, the President issues decrees and orders and verifies their implementation. These acts cannot contradict the Constitution and laws of the Republic and are binding on the entire territory of the Republic.
The Constitution of the Republic of Mari El establishes that the President issues decrees and orders. Draft decrees on issues related to the activities of the Government are discussed at its meeting (Article 83). Decrees and orders of the Head of the Republic of Mordovia cannot contradict the Constitution of the Russian Federation and federal laws, the Constitution and the laws of the Republic (Article 72). The Constitution of the Republic of Sakha (Yakutia) contains a brief provision - in the exercise of his powers, the President issues decrees and orders (Article 73).
A short list of some decrees of the President of the Republic of Tatarstan is indicative - on the creation of a joint-stock company, on the privatization of enterprises in the fuel and energy complex, on the regulation of lease relations and the privatization of leased property of state and municipal enterprises, on the Tatar Intellectual Property Agency, on the procedure for certifying transactions on motor vehicles. transactions, on registration and publication of regulations of ministries and departments, on state support entrepreneurship, on additional measures to protect the labor rights of citizens, on state social insurance, on the creation of an information agency, on measures to ensure the implementation of the targeted program social protection population. Many decrees are issued in the field of state construction - the formation of government agencies, etc.
As you can see, the range of issues resolved through decrees is very wide. Great in them specific gravity normative regulations, in the absence of both certain federal and republican laws and the need to realize the rights of the republic.
Let us take as an example the Decree of the President of the Republic of Tatarstan on stimulating the attraction of foreign investment in the Republic of Tatarstan, issued on October 31, 1994. In order to implement the Law of the Republic of Tatarstan “On Foreign Investment in the Republic of Tatarstan”, to create favorable conditions for investing foreign capital in the Republic of Tatarstan. Since January 1, 1995, enterprises with foreign investments registered in the territory of the Republic of Tatarstan, engaged in the production of goods and provision of services, in which the paid share of foreign investors in their authorized capital is at least 30%, and in an equivalent amount of at least 1 million US dollars, have been exempted , from paying income tax, in the part credited to the republican budget, for a period of three years, on profit, in the part credited to the republican budget, for a period of five years, if these enterprises are created to carry out priority areas of activity determined by the legislation of the Republic of Tatarstan ; on property for a period of three years. Newly created enterprises with foreign investment are provided with tax benefits from the moment of their state registration.
It was decided to provide foreign investors with land plots for ownership and long-term lease on the terms determined by the land legislation of the Republic of Tatarstan.
Acts, governors and heads of administrations. The charters of territories, regions and other subjects of the Russian Federation establish the status of governors, heads of administrations and determine the types of legal acts issued by them. For example, the Head of the Administration of the Arkhangelsk Region adopts, within the limits of his competence, decisions and orders, including those of a regulatory nature (clause 2 of Article 29). The Charter of the Nizhny Novgorod Region contains Ch. 12 "Acts of the regional administration." The governor issues decrees and orders and ensures their implementation. These acts are sent to the legislative assembly within three days, with the exception of acts on issues of organizational and logistical support for the activities of the administration itself. The governor's acts are binding. The heads of structural divisions of the Administration issue orders (Article 45). As you can see, the acts of the governor are isolated from the mass of acts of the administration.
Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.
Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?
Game? Wrong word. The correct word is “imprinting”.
The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.
Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.
Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.
You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.
3 commentsSystem and observer
Let's define a system as an object whose existence is beyond doubt.
An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.
The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.
An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.
An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).
Hypothesis No. 1. All-seeing eye
Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.
The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.
Hypothesis No. 2. Inner Observer
It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:
Time flow
An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.
It is also possible that these hypotheses can be combined in one proportion or another.
Contrasting with the system of imposition that is so common in our society, mediation is a non-accusatory, non-binding process. In other words, the mediator does not judge or make decisions. The mediator can help the parties: Organize the negotiation process; Consider each argument and find a solution to the most pressing arguments; Separate people and the problem; Explore all prospects; “Build a bridge” between the parties; See the way out conflict situation. Is it possible to avoid the judicial procedure, or what is mediation? You turn to a lawyer to find someone who knows how to achieve a certain result, meaning by this to achieve the result now.
Lawyer Kubatayev Magomed Gadzhievich reviews
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Topic: Kubataev Magomed Gadzhievich - a bandit with a lawyer’s ID
He deprived me of my apartment located in Moscow on Verkhnie Polya Street, 14, building 1, apt. 246, breaking into my apartment at night with his bandits. With the help of threats against me and my family, blackmail and fear of death, they (Kubataev M.G. and the bandits) took all the documents for the apartment, the keys, threw all my things into the street and kicked me and my dog out into the street. Yes, just like that, knowing that I am alone, my family is far away and no one can catch me, my apartment was stolen, as M.G. Kubataev said.Lawyer Kubataev M
A lawyer must not only be aware of these possible means, but also be able to use them effectively and in a timely manner.Today is not enough simple execution functions of a defender or representative. The client, often risking significant property interests, expects qualified legal assistance from the lawyer in the most various fields social relations, and not formal participation in the commission of procedural actions.
Kubataev Magomed Gadzhievich
Moscow Organizational form: Name of organization: No information Address: No information Telephone: No information Mail: No information Biography: Education, reviews, awards and merits of the lawyer: Reviews: When adding a review to the page, try to be objective. Any comment is reviewed by moderators, this takes time.Central Bar Association of Moscow
(45 02 514542) represented my interests in collecting funds from the borrower. The process was long and unpleasant, and I received nothing at all, but he took the money! He brought so much grief to our family!Anton 06/13/2019 12:40 User location: Russia, Moscow (personal data removed by the moderator) - people, do not contact him. In a nutshell - he is a specialist in beating large sums under the guise of legal assistance from people in trouble or problem! Alexander 06/10/2019 10:11 User location: Netherlands, Amsterdam At the beginning of 2015, I had problems with law enforcement agencies, thanks to the efforts (personal data was deleted by the moderator), for me everything not only did not end, but also continues happily.
