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Constitutional Law / Droit constitutionnel 2009 Russia / Russie

2010 / Vol. 22, No. 2, (76)
Digital Edition

Constitutional Law / Droit constitutionnel


 Russia / Russie

Sergey A. Belov

PhD, Associate Professor of Constitutional and Administrative Law,
Law Fac­ulty of St. Petersburg State University


The Russian constitutional legal practice and legal doctrine of 2009 were influ­enced by the economic crisis, which raised new issues for discussion. One of them was the principles of State participation in the economy, namely as a property-owner and as a regulator. Many scholars upheld the position that wider State inter­ference in economy would bring a solution to the economic problems, although the State continued to control more than half of the Russian economy. The Constitu­tional Court focused mainly on the equality of social rights protection under the circumstances of the crisis. The problems of administrative barriers in the imple­mentation of political rights were noticed by the Russian Ombudsman, the Consti­tutional Court and researchers. Administrative barriers put particular obstacles to the implementation of the right to peaceful meetings. A number of legislative acts were adopted to develop the political parties system. New guarantees of access to the media in the period between elections were among them. The main human rights issues in 2009 were the death penalty, the religious education and the equal­ity of confessions, and the rights of incapable persons. The death penalty was pro­hibited by the Constitutional Court, revealing the legal consequences of the signa­ture of the 6th Protocol to the European Convention on Human Rights and Funda­mental Freedoms without it being ratified by Russia. The legal doctrine developed the constitutional values analysis approach and discussed the extent of the Consti­tutional Court’s discretion.

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