scholarly journals Structural analysis of the national ombudsman activities in ensuring environmental human rights

2021 ◽  
Vol 258 ◽  
pp. 05023
Author(s):  
Mikhail Olenev

In this article, the author examines the organization of the activities of the national ombudsman (Human Rights Commissioner in the Russian Federation) to ensure human rights in the field of ecology, conducts a structural analysis of the received applications from citizens on environmental issues, and also makes a number of proposals to improve the activities of the ombudsman. Based on the results of the study, the main topics of citizens’ appeals regarding violations of the rules for the environment use and abuse of environmental human rights submitted to the Commissioner for Human Rights in the Russian Federation were identified. The identification of borderline points by the national ombudsman requires attention in the field of environmental protection of citizens and giving them a public discussion, allows to focus the attention of society and the state on the most problematic aspects of ensuring human rights in the field of ecology, which helps the responsible state authorities to build their work more effectively in this direction, since the state of nature, environment and the ecological situation ultimately affect the development of both individual citizens and society and the state as a whole.

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


2020 ◽  
Vol 957 (3) ◽  
pp. 47-53
Author(s):  
E.A. Kravets

The author offers mapping and geoecological analysis of the Russian Federation regions presence in the state program “Environmental Protection”. The unequal distribution of the program’s targets and activities in different regions is revealed. A considerable number of relevant environmental problems for several mentioned regions have not been reflected in the program. It is important to increase the area of specially protected natural areas for a significant number of subjects of the Russian Federation. The status “part of the territory occupied by specially protected natural territories of Federal value in the total area of the subject of the Russian Federation” is recommended to be assigned all regions of Russia. Identification and elimination of objects of accumulated environmental damage that threat to the Volga river is relevant, at least for all the regions in which the Volga flows. Not all regions with a high level of air pollution and/or large masses of air pollutants have the indicator “reduction of total emissions for the reporting year”. It is necessary to increase the Program of measures for the protection of rare and endangered species of plants and to expand the list of regions in which it is planned to protect rare and endangered species of animals.


2020 ◽  
Vol 93 (4) ◽  
pp. 161-169
Author(s):  
I. I. Chesnitskiy ◽  

The article presents an analysis of the state and problems of implementing the socio-economic rights of population of the Khabarovsk territory as a priority area for reducing poverty. Attention of the authorities was drawn to the situation of poverty in a number of northern municipalities, where the population is experiencing difficulties in realizing their socio-economic rights due to the lack of jobs. Concern was expressed about the socio-economic rights of persons released from the places of deprivation of liberty. The Commissioner for human rights in the Khabarovsk territory, taking into account the study of situation in the region, sets out his vision for solving the problem of reducing poverty in the Khabarovsk territory and makes proposals that, in his opinion, can be used by the regional state authorities to achieve the indicators set by the President of the Russian Federation.


Author(s):  
T. I. Otcheskaya

The article is devoted to topical issues of protection of human and civil rights and freedoms by an important state body — the prosecutor’s offi ce in two states — the Russian Federation and the People’s Republic of China. The author investigated the issue of the formation of prosecutorial supervision in the European space in the mechanism of statehood on the example of the Russian Federation and in the Asian space on the example of the People’s Republic of China.At the same time, the approaches of the two states to the protection of human rights at the constitutional level, which are regulated by the Constitution of the PRC and the Constitution of the Russian Federation, have been studied. The achievements of the Russian prosecutor’s offi ce in protecting human and civil rights and freedoms, which are the responsibility of the state, including on issues of observance of the labor rights of citizens, the right of citizens to protect life and health, are consecrated.The state program of action in the fi eld of human rights adopted by the State Council of the People’s Republic of China has also been studied in detail. Achievements in the social sphere are shown, which are provided not only by the state, but also by the prosecutor’s offi ce. The approaches of legal science in the two states are consecrated not only in the regulation of human and civil rights and freedoms, but also in their provision.Based on the material studied, the author concluded that it is possible to use the positive experience of Russia and China, mutually in both states, in order to ensure the protection of human and civil rights and freedoms in each of them.


Author(s):  
O. Vasylchenko

Ukrainian law guarantees freedom of speech and expression. This is in line with international and regional instruments (Convention for the Protection of Human Rights and Fundamental Freedoms, International Covenant on Civil and Political Rights, Declaration of Human Rights) to which Ukraine is a party. Unfortunately, Ukraine is no exception, due to the conflict with the Russian Federation. The Revolution of Dignity of 2014 and the subsequent illegal activities of the neighbouring state (annexation of Crimea, occupation of the territories in the South-East of Ukraine) affected the legislative and regulatory framework of Ukraine regarding freedom of speech and freedom of expression. In order to counter aggression, the state has adopted a number of laws aimed at counteracting foreign interference in broadcasting and ensuring Ukraine’s information sovereignty. The implementation of these laws has been criticized for being seen by NGOs as imposing restrictions on freedom of expression and expression. However, censorship and selfcensorship create another serious restriction on freedom of speech and the press. The Law on Transparency of Mass Media Ownership, adopted in 2015, provides for the disclosure of information on the owners of final beneficiaries (controllers), and in their absence – on all owners and members of a broadcasting organization or service provider. In 2019, Ukraine adopted a law on strengthening the role of the Ukrainian language as the state language, which provides for language quotas for the media. According to the Law on Language, only 10% of total film adaptations can be in a language other than Ukrainian. Ukraine has adopted several laws in the field of information management to counter foreign influence and propaganda. According to the report of the Organization for Security and Cooperation in Europe, for the period from January 1, 2017 to February 14, 2018, the State Committee banned 30 books published in the Russian Federation. Thus, for the first time faced with the need to wage an “invisible” war on the information front, Ukraine was forced to take seriously the regulation of the media and the market. By imposing a number of restrictions on a product that can shake sovereignty and increase the authority of the aggressor in the eyes of citizens, the legislator, guided by the needs of society, also contributes to the promotion of Ukrainian (for example, by introducing quotas).


2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Melnikov Victor Yurievich

Human society is not a history of ideas, as such, of the activities or the vicissitudes of destinies, the so-called historical personalities acting according to the arbitrariness of their mind and heart. The history of society has its “earthly basis”. This is, first of all, the history of the development of people, their existence, traditions of the people, spirituality, moral values, economic development, rules of conduct, laws of the country in which you live, in short, the ideology of the state and how it is presented by the authorities through the media.  But in Russia, as stated in article 13 of the Constitution of the Russian Federation, "No ideology can be established as a state or mandatory." The same Constitution recognizes “ideological diversity”.  Subsequent postulates of the same Constitution of the Russian Federation refute the foregoing.


Author(s):  
I. Andreeva

The article deals with issues concerning the state regulation quality of life population in the Russian Federation through such state programs as "the new quality of life, "the innovative development and modernization of the economy, "the effective state", "the balanced regional development", "the national security" based on strategic federal documents and strategic development forecasts aimed at improving the level of well-being and the Russian citizens’ quality of life. The rating analyses the quality of life in different regions of Russia. Regions showing advanced socio-economic development and steadily occupying high positions in the rating are identified as well as crisis regions that close rating. The article describes the regions of the Russian Federation which increased their positions in the rating during the period under review due to the effective measures of state programmes holding on their territory. It analyses the reasons for the stable decline of positions for a number of regions in the rating. The environmental issues in the analysis of the effectiveness of public policies to regulate the quality of life are concerned. The environmental rating of the regions is analyzed according to the research compiled by specialists of the All-Russian public organization Green Patrol. The article sums up the main shortcomings of the quality of life state regulation. The guidelines of the state policy of the Russian Federation in the field of quality of life regulation are defined.


Legal Concept ◽  
2020 ◽  
pp. 144-153
Author(s):  
Evgeny Mamay ◽  
Julia Ermakova

Introduction: the institution of marriage is the pillar of every society and state and forms their material, spiritual, psychological and even ideological basis. The state is inextricably linked with the family and marriage. Changing each of the elements of this interaction leads to the radical changes in the entire system, so the state must regulate these social institutions in a certain way. Modern Russia strives to achieve a reasonable balance of human rights and freedoms, develop a democratic society and work closely with the international community while preserving the established moral foundations and traditional values related to the institution of the family and marriage. The purpose of the publication is to determine the current state and prospective vectors of development of the state policy in relation to the institution of marriage. The research methodology is based on the use of the logical, dialectical techniques and methods of scientific knowledge, the comparative legal and legal-technical analysis of the texts of laws and other documents. Results: the paper analyzes the scientific literature, the Russian and foreign legislation, the international legal acts and decisions of the European Court of Human Rights in order to determine the efficiency of the state policy in this area, establish the criteria for achieving a sufficient balance between the non-interference of the state in the gender issues and maintaining the institution of traditional marriage in Russia. The conducted research of the issue suggests that in general, the legislation of the Russian Federation concerning the family and marriage relations is quite stable, but in response to the challenges of modern times, it is undergoing a certain reform. Conclusions: the practice of implementing the European Convention on Human Rights requires that the Russian legislation be seriously reformed in terms of regulating the gender issues and marital and family relations. In recent years, the Russian Federation has repeatedly lost cases in the European Court of Human Rights (ECHR), without being able to defend the fairness of its position. According to the authors of the publication, the solution to this problem is possible by reviewing certain international obligations of Russia in the context of their interpretation of the ECHR, as well as forming a consolidated position in Russian society regarding the institution of traditional marriage and the gender relations. These changes should be reflected in both the domestic legislation and the legalized law enforcement practices. The authors consider the achieved level of tolerance of Russian law regarding the institutions of the family and marriage to be extremely sufficient for the preservation and sustainable development of Russian society.


2012 ◽  
Vol 45 (3-4) ◽  
pp. 243-254 ◽  
Author(s):  
Laura A. Henry

Prior to December 2011, instances of widespread collective mobilization were relatively rare in contemporary Russia. Russian citizens are more likely to engage in a different means of airing grievances: making an official complaint to the authorities. This article considers how complaint-making, as a variety of political participation, may contribute either to authoritarian resilience or to political liberalization. The political significance of complaints made to the Commissioner for Human Rights of the Russian Federation is examined. Since it is the broader political context that shapes the significance of complaints, in the absence of meaningful elections individualized appeals to the state are unlikely to promote democratic change, although they may allow for redress of individual rights violations.


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