Do Discrimination and Inequality Exist in the Russian Legal System? International Law, National Legislation and Judicial Practice

2009 ◽  
Vol 34 (3) ◽  
pp. 211-238
Author(s):  
Sergei Iu. Marochkin
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal System ◽  
Legal Norms ◽  
Judicial Practice ◽  
Administration Of Justice ◽  
Russian Constitution ◽  
Protection Of Human Rights ◽  
Negative Phenomena ◽  
Law Making

AbstractIn this article, the author discusses the problem of ensuring equality and non-discrimination in a legal system. Equality and non-discrimination constitute universally recognized standards in the protection of human rights. At the same time, one can hardly assert that the universal community has put an end to discrimination. The author considers the problem as applied to the Russian legal system. The standard is incorporated in the Russian Constitution still remains topical in Russia. Based on his analysis of legislation and judicial practice, the author concludes that the problem reveals itself on the levels of both law-making and law application, the latter including administration of justice. As one of the conclusion, the author raises a question: is legal discrimination inherent in a legal system like other negative phenomena, such as delinquency, incoherencies, lacunas, defects, conflicts of legal norms and breaches of law-making procedural rules?

Making Human Rights a Reality

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
International Law ◽  
World Population ◽  
International Human Rights Law ◽  
Legal Norms ◽  
Human Rights Protection ◽  
National Human ◽  
The World ◽  
Protection Of Human Rights ◽  
National Human Rights Institutions

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.

The Status of International Treaties in the Legal System of Azerbaijan

2007 ◽  
Vol 32 (2) ◽  
pp. 233-256
Author(s):  
Cavid Abdullahzade
Keyword(s):  
Human Rights ◽  
Soviet Union ◽  
International Law ◽  
Legal System ◽  
European Convention ◽  
International Treaties ◽  
Independent State ◽  
The Soviet Union ◽  
The Status ◽  
Protection Of Human Rights

AbstractAs part of the disintegration of the Soviet Union in 1991, the Azerbaijan Republic ended its protracted existence as one of the fifteen members of the Soviet Union and became an independent state. As a result, on 30 August 1991, she became a full subject of international law. Currently, Azerbaijan is a party to a number of international treaties, virtually all major human rights treaties registered with the UN Secretary-General, the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as a number of related Council of Europe human rights agreements.A tendency towards internationalization and a general 'opening' to international law can also be seen in the Azeri Constitution, which was adopted by public referendum on 12 November 1995. Like many other former Soviet Republics, Azerbaijan, in its 1995 Constitution, has rejected the traditional Soviet dualist approach of the implementation of international law in the domestic legal system and has established a monist system within the context of a relationship between national and international law. This article discusses these changes in the Azeri attitude towards international law, in particular the status of international treaties, with special reference to those problems stemming from the implementation of international treaties in the domestic legal system of Azerbaijan.

scholarly journals Human Rights and International Standards: Correlation between National and International Legislation

2019 ◽  
pp. 358-366
Author(s):  
Tetiana IHNATENKO
Keyword(s):  
Human Rights ◽  
National Identity ◽  
International Law ◽  
International Standards ◽  
National Legislation ◽  
Legal Norms ◽  
Legal Standards ◽  
Protection Of Human Rights ◽  
The Relationship ◽  
Determining Factor

The article examines the problem of protection of human rights in national and international law, which is the most important feature of civil society. Taking into account the importance of the area under study, as well as the importance of a clear settlement of relations regarding the observance of human rights in all spheres of life, the question of the relationship between the norms of national and international legislation in this area is acute. The purpose of the study is to determine the priorities between national and international legislation, as well as to establish the compliance of domestic norms designed to protect human rights with international legal standards. It has been established that the Constitution consolidates the priority of international instruments over national legislation that clearly defines the relationship and interaction of internationally recognized standards and principles with the relevant provisions of the current legislation of Ukraine in the sphere of protection of human rights and fundamental freedoms. This ensures that the participating countries comply with both their home-constitutions and international legal acts. Moreover, the level of global security depends on the level of correlation between the policies of individual states and the provisions of international legal norms. But the standards and principles of international law and international agreements of Ukraine may not be above the constitutional and are a part of the national system of law, which is based on the Constitution of Ukraine. In addition, international standards should not be perceived as immutable, since it may lead to a partial loss of the national identity of the legal system. Therefore, the perception of these international standards should take into account the traditions and specifics of the national legal system. The Constitution of Ukraine shall be a guarantor of preserving national identity in the process of implementation or reception of international standards. It is determined that international legal standards are the determining factor that determines the level of correlation of national legislation with the relevant international legal norms. International legal standards have been defined as the determining factor that reveals the correlation level of national legislation with relevant international legal norms.

scholarly journals Amendments to the 1993 Constitution of the Russian Federation Concerning International Law (2020)

2021 ◽  
pp. 1-6
Author(s):  
Paul Kalinichenko ◽  
Dimitry Vladimirovich Kochenov
Keyword(s):  
Human Rights ◽  
International Law ◽  
Constitutional Court ◽  
List Type ◽  
International Treaties ◽  
Constitutional Review ◽  
Russian Constitution ◽  
Protection Of Human Rights ◽  
Constitutional System ◽  
Core Features

The Russian Constitution was adopted by a referendum on December 12, 1993. It was inspired by Western constitutional traditions and internationally recognised democratic and human rights values. The Constitution established three core features of the Russian constitutional order, all breaking with the Soviet past: • The Constitutional provisions on the foundations of the constitutional system, the protection of human rights, and constitutional review are unchangeable and cannot be amended, except via the summoning of a new Constitutional Assembly/national referendum (art. 135). • The Constitution established a strongly monist approach to international law, integrating it into the Russian legal order and giving priority to duly ratified international treaties and agreements to override conflicting domestic laws (art. 15(4)). • The Russian Constitutional Court enjoys exclusive competence to interpret the Constitution via binding precedents.

scholarly journals Judicial doctrine in the legal system of the world

2021 ◽  
pp. 48-57
Author(s):  
Natalia Parkhomenko
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Legal System ◽  
European Convention ◽  
Legal Doctrine ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Doctrine ◽  
The Law ◽  
Law Making

Special characteristics of the perception of judicial doctrine in the countries of common and continental law, in the European community in terms of the harmonisation and strengthening the influence of the European Court of Human Rights on the juridical regulation, are defined. Special attention is paid to the identification of the essence and content oh judicial doctrine of the ECHR and its importance in the regulation of social relations. Generally accepted approach in the countries of continental law is the one under which the judicial practice and doctrine, as a result of compilation of jurisprudence, is not the source of law in formal-legal perception, but it is an important factor of the law-making. In the countries of common law, the legal doctrine has been developing by scaling up the experience of court’s decisions and the perception of the decisions of the judicial authorities as a source of law. The case law of the European Court of Human Rights as a part of European legal system plays the harmonisation role. The judicial doctrine of European Court of Human Rights is one of the sources of law for the counties of the European Area and countries, that adhered to the European Convention for the Protection of Human Rights and Fundamental Freedoms, strengthened its grip since the end of the twentieth century and in the twenty-first century, especially, it increased the influence on the regulation of the international relations and the domestic relations as well. Such doctrine became a part of their national legislature. The above mentioned is confirmed by legal force and by place in national legal systems of judicial doctrine of European Court of Human Rights, containing general principles or framework for the protection of human rights and freedoms. That’s why its perception is performed as a general rule , source of law, but not the judgment in a particular case, which is not relevant to the hearing of other cases. For this, important is constitutional endorsement of ECHR’s decisions in the hierarchy of legal acts, or sources of law in formal-legal perception. For this moment, there had been a convergence of conceptual approaches to understanding the legal doctrine in general and judicial doctrine in particular. There is a fundamental importance of the judicial doctrine, which is a precondition and a source for the law-making, law enforcement, and also it could act as a direct source of law in formal-legal perception.

scholarly journals ECtHR positions on some issues of bioethics and genetic data

2018 ◽  
Vol 6 (4) ◽  
pp. 36-40 ◽  
Author(s):  
Елена Трикоз ◽  
Elena Trikoz ◽  
Елена Гуляева ◽  
Elena Trikoz
Keyword(s):  
Human Rights ◽  
International Law ◽  
Steering Committee ◽  
Council Of Europe ◽  
Public Authorities ◽  
Biological Origin ◽  
Genetic Characteristics ◽  
Judicial Practice ◽  
European Court ◽  
Protection Of Human Rights

This study focuses on international law protection, including means of procedural protection in the European Court of Human Rights, of such a fundamental right as respect for the dignity, uniqueness and uniqueness of a person, regardless of his genetic characteristics. After analyzing the emerging judicial practice in the ECtHR, the authors distinguish two categories of cases for the protection of genetic dignity, bioethics and biosecurity. The first group includes cases involving direct violations of the 1950 the Convention for the Protection of Human Rights and Fundamental Freedoms; and in the second group – subsidiary violations of the “Oviedo Convention” and the recommendations of the Steering Committee of the Council of Europe on bioethics. The authors focused on violations of reproductive rights, storage by public authorities of DNA samples and human cells, and access to information on biological origin.

International Humanitarian and Human Rights Law in Russian Courts

2011 ◽  
Vol 2 (2) ◽  
pp. 216-249
Author(s):  
Sergei Yu. Marochkin ◽  
Vladimir A. Popov
Keyword(s):  
Human Rights ◽  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Special Role ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Treaties ◽  
Judicial Practice ◽  
The Russian Federation

The paper investigates the implementation of the norms of international humanitarian and human rights law in the Russian courts. It may be viewed as a specific feature that these two categories are considered close in part of the Russian doctrine and, as we will see below, in some judicial cases. Since the adoption of the Constitution of the Russian Federation in 1993 international law has been granted a specific status and significance in the Russian legal system. According to the Constitution and legislation, Russian courts have had the opportunity to play a special role in the implementation of international humanitarian and human rights law. That being said, judicial practice relating to the implementation and the application of these norms is different from that of other international law norms. It is, however, explained, in particular, by the fact, that there are not many cases which either mention directly or use humanitarian law. Often, courts make abstract or general references to international treaties or make decisions only on the basis of the national law, though the considered cases fall directly under the regulation of international humanitarian or human rights law. In conclusion, at present the practice of Russian courts is rather diverse and needs further unification.

scholarly journals Implementation of International Legal Standards in the Revision of the Judgements that are in Force by Supreme Court of Finland

2015 ◽  
Vol 3 (3) ◽  
pp. 54-65
Author(s):  
Vladimir Jilkine
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Legal System ◽  
Court Decisions ◽  
Legal Standards ◽  
Judicial Practice ◽  
European Court ◽  
The Supreme Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

The article deals with the basis and procedure for review of court decisions that have entered into force, after the rulings of the European Court of Human Rights on violations of the Convention for the Protection of Human Rights and Fundamental Freedoms in review of the cases by the Supreme Court of Finland, in connection with the decision by which the applicant appealed to The European Court of Human Rights. The author’s analysis and comparison of judicial practice and the European legal system shows that when making decisions, the Supreme Court applies current national constitutional and legislative provisions.

INTERNET LAW IN INTERNATIONAL PRIVATE LAW

2019 ◽  
pp. 192
Author(s):  
Margarita V. Katunina ◽  
Olga A. Verchenko
Keyword(s):  
Human Rights ◽  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Private International Law ◽  
Anglo Saxon ◽  
Judicial Practice ◽  
International Private Law ◽  
Internet Law ◽  
Conflicts Of Jurisdiction

The article examines the issues of Internet legal relations and conflicts of jurisdiction between the states when resolving disputes. The interrelation of Internet legislation and private international law is investigated. The application of Russian legislation in Russian Federation in the regulation of human rights activities is analyzed. Judicial practice of the countries of the Anglo-Saxon legal system is considered.

scholarly journals INFLUÊNCIA DA HUMANIZAÇÃO DO DIREITO INTERNACIONAL NO HISTÓRICO DE VALORAÇÃO DAS NORMAS JURÍDICAS PELO SUPREMO TRIBUNAL FEDERAL BRASILEIRO

2017 ◽  
Vol 4 (2) ◽  
pp. 102
Author(s):  
Gabriel Aparecido Anísio Caldas ◽  
Norton Maldonado Dias
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal System ◽  
International Norms ◽  
International Treaties ◽  
Constitutional Amendments ◽  
Legal Norms ◽  
Common Value ◽  
History Of ◽  
Federal Supreme

RESUMO O trabalho faz um retrocesso no histórico da atuação do Supremo Tribunal Federal com a finalidade de acompanhar julgados influenciados por normas celebradas em Tratados e Convenções Internacionais durante o processo de codificação do Direito Internacional. A proposta sonda a hipótese de relação do processo de Humanização do Direito Internacional com as alterações da hierarquia das normas previstas em Tratados e Convenções Internacionais dentro do ordenamento jurídico brasileiro. Fica, bastante, claro que as oscilações verificáveis na atuação do Supremo Tribunal Federal quanto à hierarquia das normas internacionais deixaram de ter valor comum de legislações ordinárias para status especiais de supralegalidade e, até, de emendas constitucionais. Tratando-se, ao final, justamente, das influências do fenômeno da Humanização do Direito Internacional no processo de hierarquização das normas internacionais no ordenamento jurídico brasileiro quando, especificamente, versassem por direitos humanos. Palavras-chave: Hierarquia das Normas Internacionais. Direitos Humanos ABSTRACTThe work makes a step back in the history of the action of the Federal Supreme Court in order to accompany those judged to be influenced by norms established in International Treaties and Conventions during the codification process of International Law. The proposal examines the hypothesis of a relationship between the process of Humanization of International Law and the changes in the hierarchy of norms foreseen in International Treaties and Conventions within the Brazilian legal system. It is quite clear that the verifiable oscillations in the Federal Supreme Court's performance regarding the hierarchy of international norms have no longer common value of ordinary legislation for special statuses of supralegality and even constitutional amendments. In the end, it is precisely because of the influence of the phenomenon of the Humanization of International Law in the process of hierarchizing international norms in the Brazilian legal system when they specifically deal with human rights.Keywords: Hierarchy of International Legal Norms. Human rights.  

Sign in / Sign up

Export Citation Format

Share Document