Constitutional and legal aspects of improving the rule-making activities of the Ministry of Internal Affairs of Russia (based on decisions of the Constitutional Court of the Russian Federation)
Автор: Kurtyak I.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Теоретико-исторические правовые науки (юридические науки)
Статья в выпуске: 3 (110), 2024 года.
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Introduction: When deciding on the issue of improving the rule-making activities of the Ministry of Internal Affairs of Russia, it relies on the theoretical decisions of the authors and the decisions of the Constitutional Court of the Russian Federation. The relevance of the article is determined by the novelty of the material of the Constitutional Court of the Russian Federation in terms of problematic legal regulation; uncertainty of legal regulation; inconsistency of legal regulation in the system of the Ministry of Internal Affairs of Russia, as well as concepts having a theoretical and non-theoretical basis. Methods and materials: The research is based on the dialectical universal method, and also includes methods of analysis, synthesis, induction, deduction, logical, formal-legal and systemic-structural methods. The materials of the practice of the Constitutional Court of the Russian Federation are used. The Results of the Study: The connection of the normative activity of the Ministry of Internal Affairs of Russia with the problems identified by the Constitutional Court of the Russian Federation is shown. The problems of legal regulation; uncertainty of legal regulation; inconsistency of legal regulation in the system of the Ministry of Internal Affairs of Russia are revealed. The significance of the decision of the Constitutional Court of the Russian Federation for changing defects in the normative legal acts of the Ministry of Internal Affairs of Russia is substantiated. The doctrine is characterized as a constant search for legal solutions, the formation of legal positions and the pursuit of an ideal implementation of the decisions of the Constitutional Court of the Russian Federation. Findings and Conclusions: The problematic nature of legal regulation, the uncertainty of legal regulation, and the inconsistency of legal regulation in the system of the Ministry of Internal Affairs of Russia are proved. The close connection between these forms of defects is manifested on the one hand, and judicial practice on the other hand and the involvement of theoretical ideas in the normative activity of the Ministry of Internal Affairs of Russia, aimed at improving the normative activity of the Ministry of Internal Affairs of Russia.
Normative activity of the ministry of internal affairs of Russia, defect, rulemaking, problematic legal regulation, uncertainty of legal regulation, inconsistency of legal regulation
Короткий адрес: https://sciup.org/143183554
IDR: 143183554 | DOI: 10.55001/2312-3184.2024.78.93.004