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Title

Peculiarities of procedural rules in the constitutional law in Russia

Authors

Taeva Natalia Evgenievna

Candidate of Science (Law), associate professor, Department of Constitutional and Municipal Law, Kutafin Moscow State Law University. 9 Sadovaya-Kudrinskaya, Moscow, 123995. E-mail: tayeva@mail.ru

Section

Constitution, state and sociiety

Issue

4/2014

Page

24-31

index UDC

342.4 + 342.7

index LBC

 

Abstract

The article deals with the approaches which exist in the science of constitutional law on understanding of procedural rules. The author makes a conclusion that it’s vital to apply a broadside approach to the understanding of procedural rules in the constitutional law. This approach assumes that a process is a regulatory well-organized legal activity that represents a sequence of actions. From this point of view, procedural rules are rules which regulate this activity. As a result, in the constitutional law it’s lawful to distinguish such processes as election process; referendum process; legislative process; processes of activities of the executive branch; legal proceedings, etc. The range of peculiarities of procedural rules in the constitutional law is specified. A voluntary basis of execution, political content, a wide range of procedural rules, existence of procedural rules in the acts of the territorial entities of the Russian Federation and local government bodies, a strong interrelation with organizational customs that govern the relations between state authorities; authorities and citizens, plurality of persons in its realization are typical for procedural rules.

Keywords

law, jurisdiction, process, procedural rule, sub

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