On the issue of the deprivation of State and Government awards in the Russian Federation and the cancellation of award decisions

Authors

  • V. A. Vinokurov Saint-Petersburg University of State Fire Service of EMERCOM of Russia

DOI:

https://doi.org/10.17308/law/1995-5502/2022/4/54-68

Keywords:

the Constitution of the Russian Federation, state awards of the Russian Federation, awards of the subjects of the Russian Federation, merit, feat, deprivation of awards, cancellation of the award decision, awards of the Government of the Russian Federation

Abstract

The article is devoted to the understanding of the stages of the Russian award process concerning the deprivation of state awards (state awards and awards of state bodies), as well as the cancellation of the award decision in case of establishing the unreliability of the information contained in the documents submitted to represent the person for the award. The purpose of the study is to consider through the prism of the norms of the Constitution of the Russian Federation and in relation to the requirements of the Regulations on State Awards of the Russian Federation, approved by Decree of the President of the Russian Federation dated September 7, 2010 No 1099, the issues of the use in the award legislation of the Russian Federation and the subjects of the Russian Federation of the concepts of "cancellation of the award decision" and "deprivation of the award". The problems of using these concepts in the award legislation of the subjects of the Russian Federation are outlined. At the same time, the norms of the Regulations on the Award of the Government of the Russian Federation in the field of culture, approved by Decree of the Government of the Russian Federation No 79 of February 1, 2022, as amended by Decree of the Government of the Russian Federation of May 16, 2022, were analyzed. As a result of the study, the impossibility of depriving the state of the award, which a person was awarded legally, regardless of any other further life situations, is presumed. At the same time, the problem of preserving the highest rank of the state for a person who has committed a grave or especially grave crime is raised as a debatable one. In conclusion, proposals are formulated to eliminate the identified shortcomings, which will preserve the authority of the state awards of the Russian Federation and awards of the subjects of the Russian Federation, as well as federal government awards at a high level.

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Author Biography

  • V. A. Vinokurov, Saint-Petersburg University of State Fire Service of EMERCOM of Russia

    Doctor of Legal Sciences, Associate Professor, Professor of the Theory and History of State and Law Department, Honored Lawyer of the Russian Federation

References

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Published

2022-12-26

Issue

Section

State Authority. Legislative Process. Constitutional Law. Public Management.