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Title |
To the question about the optimal regulatory
pathways regulate the convening and activities of
the constitutional Asembly |
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Authors |
Derho Daniil Sergeevich, competitor of degree of
the candidate of jurisprudence, a judge of the
Chelyabinsk Regional Court. 454000, Chelyabinsk,
street of Labour, 135. Е-mail: derxo@mail.ru |
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Section |
Scientific
School |
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Issue |
6/2015 |
Page |
76-84 |
index UDC |
342.4.470. 342.4 : 342.537 |
index LBC |
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Abstract |
This article is devoted to finding optimal ways of
normative regulation of the procedure of convocation
and of the authority's constituent authorities of
Russia — the constitutional Convention. The author
analyzes the necessary amount of legal regulation
and points to the expediency of adoption a Federal
constitutional law «On the procedure of adoption and
entry into force of the new Constitution of the
Russian Federation», which would at the same time
secured the procedure for the convening of a
constitutional Assembly and dening a mechanism for
the review of the Basic law. Comparing different
approaches to the formation of a constitutional
Assembly established in the scientific literature
and legislative practice, the author proposes to
implement a «mixed» variant of the convening of the
Convention, which would ensure a reasonable balance
between the broad national representation and
guaranteed high level of professional competence of
its members, as well as between Federal and regional
interests, between the interests of all branches of
government. |
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Keywords |
constitutional law-making, constitutional Convention,
the revision of the Constitution of the Russian
Federation. |
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