Limitation of Constitutional Human Rights in Legislations of Subjects of the Russian Federation

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Елена Никитина ◽  
Elena Nikitina
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
The Russian Federation

The article is devoted to the issues related to lawful limitations of constitutional rights in the Russian Federation. The limitation of human rights is a complex and multi-layered phenomenon. The author uses both formal and other criteria. In addition, there is a territorial aspect to this problem in Russia. The author analyzes the powers of subjects of the Russian Federation to regulate legal relations in the sphere of constitutional human rights, and considers the possibility of their lawful limitation by the legislations of subjects of the Russian Federation. In addition, the author examines reasons and consequences of unlawful restriction of human rights by laws of the subjects of the Russian Federation. Terminological problems are discussed. In particular, the author distinguishes between such terms as “limits of legal regulation” and “limitation of human rights”, “human rights” and “rights of participants”. The author formulates theoretical arguments about the possibility of partial legal regulation of constitutional human rights.

scholarly journals To the question about the possibility of using the results of the operational search activities in criminal proceedings

2020 ◽  
pp. 180-185
Author(s):  
N. A. Mikhailichenko
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Legal Regulation ◽  
Court Decision ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
European Court ◽  
The Russian Federation ◽  
Criminal Legislation

The article analyzes the issue of the lack of proper legal regulation of requirements for the results of operational-search activities used in the field of criminal proceedings. A separate place is given to the problem of assessing the presented results of operational-search activities. On the basis of the practice of the Constitutional Court of the Russian Federation and the European Court of Human Rights, a solution to this problem is proposed. At the same time, the provision is taken as a basis that any, in direct or indirect form, affecting the constitutional rights of citizens in the course of operational-search activities, entails the need to obtain a court decision for such activities. The question of the need to reform the criminal legislation is outlined. 

scholarly journals PROBLEMS OF LEGAL REGULATION OPERATIONAL AND INVESTIGATIVE ACTIVITIES IN THE EXECUTION OF NON-CUSTODIAL SENTENCES: ANALYSIS OF LEGISLATION AND PRACTICE

2021 ◽  
Vol 37 (1) ◽  
pp. 107-111
Author(s):  
S.A. Kutukov ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Constitutional Rights ◽  
Organizational Problem ◽  
The Russian Federation ◽  
Executive System ◽  
Legal Grounds ◽  
Tools And Methods

The article is devoted to the improvement of operational-search legislation in the field of organization of operational-search activities in the criminal Executive system, in particular, the grounds and conditions for conducting operational-search activities that restrict the constitutional rights of citizens, as well as their conduct in relation to those sentenced to non-custodial sentences. The main legal and organizational problem is the lack of legal grounds for conducting operational search activities that require court approval when conducting search work and, as a result, the inability to use the entire set of tools and methods for solving crimes, as well as an incorrect interpretation of article 18.1 of the criminal code of the Russian Federation.

scholarly journals The subject of judicial control in consideration of complaints: controversial issues of legal regulation

2021 ◽  
Vol 2021 (2) ◽  
pp. 104-109
Author(s):  
El'vira Mirgorodskaya
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
The Russian Federation

The purpose of this study was an attempt to theoretically understand the subject of judicial consideration of complaints against decisions, actions (inaction) of officials carrying out criminal prosecution. The research was carried out on the basis of comparative legal, formal logical, empirical, statistical methods. Judicial statistics for the year 2020 have been provided, and legislation has been studied from a historical and contemporary perspective, taking into account the practice of the Constitutional Court of the Russian Federation. The problem is that, in practice, for about 20 years the courts have had difficulties in determining the subject of complaints, since neither in theory nor in practice a consensus has been developed on this issue. The Criminal Procedure Code of the Russian Federation also does not contain a definition of the concept of «subject matter». The situation is aggravated by the presence of evaluative concepts in the text of the law, leading to a varied understanding of the subject of appeal by the courts, which leads to a violation of the constitutional rights of citizens at the pre-trial stages of criminal proceedings. In the article, taking into account the analysis of the practice of the Constitutional Court of the Russian Federation, legislation and the opinion of scientists, a recommendation was made to amend the Criminal Procedure Code of the Russian Federation to specify the subject of consideration of complaints in accordance with Art. 125 of the Criminal Procedure Code of the Russian Federation in order to eliminate existing contradictions in practice and increase the level of protection of individual rights in pre-trial proceedings.

scholarly journals LEGAL REGULATION OF RESTRICTIONS ON FREEDOM OF MOVEMENT DURING THE SPREAD OF COVID-19

2021 ◽  
Vol 7 (73) (1) ◽  
pp. 211-217
Author(s):  
E. V. Kazantseva
Keyword(s):  
Human Rights ◽  
Human Health ◽  
Russian Federation ◽  
Legal Regulation ◽  
National Legislation ◽  
Freedom Of Movement ◽  
Human Value ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Right

The article analyzes the norms of international and national legislation regulating the procedure for re-stricting the right of a person (a citizen of the Russian Federation and a foreign citizen) to freedom of movement and the grounds for such restriction. It is concluded that the restriction of human rights to freedom of movement is a consequence of the protection of the highest human value «the right to protect human health». Based on the study of legal acts of constituent entities of the Russian Federation with different names, such as «the emergency», «On the restriction of the right to freedom of movement and the introduction of high alert» and so on, taken to prevent the spread of coronavirus infection (2019-nCoV), the author points out the shortcomings of the highest officials of subjects of the Russian Federation in the preparation and adoption of legal acts, which restricted the right of citizens to freedom of movement on the territory of the Russian Federation.

scholarly journals Violating the Confidentiality of Adoption: Problems of Implementing a Complex Law Mechanism in the Russian Federation

2018 ◽  
Vol 12 (6) ◽  
pp. 817-825
Author(s):  
Svetlana Kornakova ◽  
Elena Chigrina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Constitutional Rights ◽  
Democratic State ◽  
Priority Task ◽  
The Russian Federation ◽  
The Right

The priority task of any democratic state is safeguarding the interests of children, including the right of every child to live in a family. Adoption of orphans or children deprived of parental care is becoming more and more common in present-day Russia, which makes the issue of legal regulation highly relevant. The article examines the problems of implementing a complex legal mechanism that regulates the protection of the confidentiality of adoption and imposes criminal liability for violating it. It should be acknowledged that there are diverse approaches to the problem of criminal law protection of the confidentiality of adoption. The authors analyze the views of different scholars on this problem. They present a critical analysis of the viewpoint that the norm imposing liability for such a violation should be abolished and prove the social importance of preserving the confidentiality. The authors also discuss the problem areas of criminal law characteristics of crimes connected with violating the confidentiality of adoption and conduct a comprehensive research of this issue. The analysis of current legislation shows that it includes a sufficient number of norms safeguarding the confidentiality of adoption. At the same time, this legal institute includes some specific norms that need improvement, require editing or amending, which, according to the authors, stops them from performing their preventive functions. The article contains concrete recommendations on improving current Russian legislation in this sphere, in particular, on improving the clauses of Art. 155 of the Criminal Code of the Russian Federation, which establishes criminal liability in those cases where the confidentiality of adoption is violated. Besides, the authors examine the controversial issue of limiting the confidentiality of adoption because they believe that it is not lawful to deny a person who has reached majority the right guaranteed by the Constitution of the RF to learn information concerning him/herself, in this case, the right to know who their parents are. They suggest amending Art. 139 of the Family Code of the Russian Federation, which will make it possible to fully guarantee the constitutional rights of citizens.

scholarly journals The Convention for the Protection of Human Rights and Fundamental Freedoms in the System of Sources of Legal Regulation of the Administration of Justice in Administrative Offences

2020 ◽  
Vol 15 (12) ◽  
pp. 57-64
Author(s):  
O. V. Pankova
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Legal System ◽  
Legal Regulation ◽  
Administrative Law ◽  
International Treaties ◽  
Legal Provisions ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation

The paper presents the author’s view of the problem of interaction between international and national administrative law and attempts to determine the place of the Convention on the Protection of Human Rights and Fundamental Freedoms in the Russian legal system and the administrative and tort legislation of the country. Based on the analysis of different points of view, the conclusion is enunciated that international treaties ratified by the Russian Federation are incorporated into the general body of administrative legislation; and they constitute a source of administrative law in the part in which they contain legal provisions governing the administrative and legal status of citizens, as well as guarantees of its implementation, including guarantees of equitable justice in cases arising from public law relations and administrative and tort cases. In this regards, the author analyzes the provisions of Article 1.1 of the Administrative Code of the Russian Federation, determining the place and role of universally recognized principles and norms of international law and international treaties of the Russian Federation in the system of sources of administrative and tort law—the author refers the Convention for the Protection of Human Rights and Fundamental Freedoms to the sources mentioned above. The paper considers this Convention as an international treaty of the Russian Federation that not only regulates interstate relations, but also actively invades the regulation of procedural administrative responsibility, since it establishes the general parameters of a fair trial in administrative and tort cases. The paper also pays attention to the implementation in the draft Code of Administrative Offences of the Russian Federation and the Procedural Code of the Russian Federation on Administrative Offences of the Constitutional Principle concerning international legal norms in the legal system of the Russian Federation.

Prawnokarna ochrona wyborów w Federacji Rosyjskiej

2021 ◽  
Vol 1(162) ◽  
pp. 31-58
Author(s):  
Katarzyna Laskowska
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Penal Code ◽  
First Year ◽  
Constitutional Rights ◽  
Criminal Offence ◽  
Limited Access ◽  
The Russian Federation ◽  
Access To Data

The study is of a dogmatic and empirical nature. It presents the scope of legal regulation of selected crimes against constitutional rights and freedoms of a human and citizen contained in the Criminal Code of the Russian Federation of 1996. It discusses the provisions concerning violations of law that may occur at different stages of the electoral process. The study describes forbidden behaviours of a voter, a member of an electoral commission and an electoral committee, a participant of a referendum initiative group and another group of referendum participants, as well as acts committed against the mentioned subjects. They were analysed according to the classical arrangement of the statutory attributes of a criminal offence. The analysis confirmed the validity of the criminalisation of many behaviours that impede the holding of lawful, reliable and fair elections. Next, the study presents a statistical picture of the analysed acts. The dynamics of registered offences against elections in the years 1997–2017 (from the first year of the Penal Code of 1996 to the present day) and the number of convictions for their commission in the period 2009–2017 were presented (due to limited access to data). This allowed to show the scale of the phenomenon and the reaction of the courts to it.

scholarly journals CONSTITUTIONAL-LEGAL REGULATION OF NON-GOVERNMENTAL ORGANIZATIONS IN THE RUSSIAN FEDERATION: REGIONAL ASPECT

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Елена Никитина ◽  
Elena Nikitina
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Comparative Law ◽  
Legal Regulation ◽  
Human Right ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Regional Aspect ◽  
Regulatory Impact ◽  
The Russian Federation

The article is devoted to the analysis of the legislation of federal subjects of the Russian Federation in the sphere of regulation of non-governmental organizations’ activities. This study was carried out on the basis of the comparative law method as a way to protect the human right to association. The article examines the problems of regional legislation quality, completeness and effectiveness of its regulatory impact on civil society in federal subjects of the Russian Federation. The author tries to answer the question what the purposes are for the existence of regional legislation on human rights. The emphasis is on the regional regulation of support for nongovernmental organizations on the part of the authorities of federal subjects of the Russian Federation. The article touches upon the problems of regulation through regional laws of the activities of religious organizations as a form of non-governmental organizations. The author concludes that regional legislation in the sphere of regulation of non-governmental organizations’ activities in most regions is fragmented and unsystematic, and the purposes of its existence for the protection and creation of additional guarantees of constitutional human rights in the territory of federal subjects of the Russian Federation are performed only partially.

scholarly journals Interested privies as participants of constitutional court proceedings: prospects of using foreign experience in Russian legislation

2018 ◽  
Vol 2 (1) ◽  
pp. 123-132
Author(s):  
Anna V. Nikitina
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Court ◽  
Foreign Experience ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Constitutional Legitimacy

Subject. The article is devoted to analysis of some issues concerning realization of adversary principal in proceedings in the Constitutional Court of the Russian Federation.Purpose. The purpose of the article is to analyze foreign experience of legal regulation of the status of constitutional court process participants as parties and/or interested persons in constitutional court proceeding, to give arguments in favor of introducing the category of ‘interested privies’ in Russian legislation regulating constitutional court proceedings.Methodology. The author uses theoretical analysis as well as legal methods including formal legal analysis and the method of legal comparison.Results, scope of application. Law often does not specify the party opposing the claimant during the proceedings in the Constitutional Court of the Russian Federation. The need to introduce the adversary principal in such cases requires to introduce the category of ‘interested privies’, whose rights and duties may be affected during the case solution in the Constitutional Court of the Russian Federation.The following persons and entities may become interested privies in Constitutional proceedingst: persons whose claims brought against the decision of intergovernmental body for protecting human rights and freedoms - in cases on possibility of executing the decision of intergovernmental body for protecting human rights and freedoms; the State Duma and the Council of Federation of the Federal Assembly of the Russian Federation as bodies participating in ratification of the treaty - in cases on the check of constitutional legitimacy of a treaty about accepting new subject into the Russian Federation; constitutional bodies and public offices whose constitutional legal status may be changed as a result of official interpretation of constitutional rules - in cases on interpreting the Constitution; the RF Central Election Committee - in cases on the check of constitutional legitimacy of an issue introduced for the referendum of the Russian Federation; the President of the Russian Federation (if the request comes from the Supreme Court of the Russian Federation); the State Duma, the Supreme Court of the Russian Federation, President of the Russian Federation - in cases on providing the ruling about the observance of the established rules public prosecution of the President of the Russian Federation for treason or another serious offence.Conclusions. The category ‘interested persons’ will enable to provide guarantee of fair trial in resolving constitutional court conflicts, if such category would be included into Russian legislation.

scholarly journals Artificial Intelligence and Robotics: The Possibility of Invasion of Human Rights and Legal Regulation of these Processes in the EU and the World

Lex Russica ◽  
2019 ◽  
pp. 151-159 ◽  
Author(s):  
S. Yu. Kashkin
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Russian Federation ◽  
Science And Technology ◽  
Comparative Law ◽  
The United States ◽  
Legal Regulation ◽  
The World ◽  
The Russian Federation ◽  
And Robotics

The paper analyzes the dangers faced by man and modern society in the light of the development of artificial intelligence and robotics in the fourth industrial revolution. The author examines the areas of human rights that are threatened by these advances in science and technology in case they are not properly monitored and regulated through legal advances. The historical and regional aspects of legislative regulation of the use of artificial intelligence units and robotics are investigated. Prospects of collision of artificial intelligence units with interests of the person and mankind, and also possible legal mechanisms of the resolution of the conflicts arising between them are analyzed. Using the methodology of comparative law, integration law, international law, analysis and synthesis, the author considers the latest documents of the European Union, EU member States, the United States, Russia, China, South Korea and other most representative countries of the world aimed at effective legal regulation of this promising area of development of modern law. The paper provides an analysis of the main trends in the evolution of modern law of science and technology that affect the life and realization of human and civil rights at the national, supranational and international level and the peculiarities of their legal regulation. The research is carried out on the interdisciplinary combination of elements of comparative law, integration, international and national law with reference to philosophy, sociology, history and prognostics. Conclusions are drawn on the possibility of using the world scientific achievements for the long-term development of the law of the Russian Federation. It is also possible to apply positive foreign experience of legal regulation of artificial intelligence and robotics adapted to the conditions of integration organizations with the participation of the Russian Federation.

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