Ensuring the protection of human rights in the Russian Federation

2022 ◽  
Author(s):  
Galina Komkova ◽  
Mariya Lipchanskaya ◽  
Svetlana Kulikova ◽  
Elena Abaeva ◽  
Dar'ya Kondraschenko ◽  
...  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Protection Of Human Rights ◽  
The Russian Federation

The textbook contains texts of lectures dealing with problematic issues of ensuring protection, the competence of authorities in the field of ensuring and protecting human rights, as well as the specifics of protecting the rights of certain categories of citizens in various spheres of their life. For students, undergraduates, postgraduates, teachers interested in the formation and development of the Russian human rights system.

TO THE QUESTION OF RESPONSIBILITY FOR TORTURE IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 10 (2) ◽  
pp. 103-106
Author(s):  
ASTEMIR ZHURTOV ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Large Scale ◽  
Human Life ◽  
International Standards ◽  
World Community ◽  
The World ◽  
Long Time ◽  
Protection Of Human Rights ◽  
The Russian Federation

Cruel and inhumane acts that harm human life and health, as well as humiliate the dignity, are prohibited in most countries of the world, and Russia is no exception in this issue. The article presents an analysis of the institution of responsibility for torture in the Russian Federation. The author comes to the conclusion that the current criminal law of Russia superficially and fragmentally regulates liability for torture, in connection with which the author formulated the proposals to define such act as an independent crime. In the frame of modern globalization, the world community pays special attention to the protection of human rights, in connection with which large-scale international standards have been created a long time ago. The Universal Declaration of Human Rights and other international acts enshrine prohibitions of cruel and inhumane acts that harm human life and health, as well as degrade the dignity.Considering the historical experience of the past, these standards focus on the prohibition of any kind of torture, regardless of the purpose of their implementation.

European Norms on the Protection of Human Rights: On the Development of Russian Human Rights Legislation

2004 ◽  
Vol 29 (3) ◽  
pp. 365-405 ◽  
Author(s):  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Armed Forces ◽  
European Convention ◽  
Protection Of Human Rights ◽  
The Russian Federation ◽  
European Standards ◽  
Principles And Standards ◽  
Judicial Protection ◽  
Special Circumstances

AbstractThis article examines the problems concerning the observance by the Russian Federation of European conventions, in particular the European Convention on Human Rights and the European Convention for the Prevention of Torture. In recent years, there has been a signifi cant breakthrough in the development of Russian legislation in light of human rights' principles and standards laid down by the Council of Europe. At the same time, the implementation of European standards in the law enforcement area has been carried out at a distinctly slow pace, particularly in relation to the criminal–executive system (where the first tentative steps towards the reform of penitentiary institutions have only been recently taken), the rights of migrants and refugees, the protection of the rights of armed forces personnel, and human rights in Chechnya. This article analyses the problems involved in the legal and judicial protection of human rights in Russia as well as issues concerning the restriction of citizens' rights in special circumstances (such as war or a state of emergency) and the protection of social rights. Lastly, the creation of a unifi ed legal space for human rights in the Russian Federation will also be discussed.

scholarly journals Problems of protection of human rights in criminal procedure under the conditions of pandemic

2020 ◽  
pp. 23-32
Author(s):  
Lyudmila Mil'tonovna Volodina
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Current Situation ◽  
The Supreme Court ◽  
Criminal Procedure Law ◽  
Protection Of Human Rights ◽  
Nonstandard Conditions ◽  
The Russian Federation

The object of this research is the relations on protection of human rights in criminal procedure justice in under the conditions of pandemic. The subject of this research is analysis of the activity of law enforcement and judicial systems in the country’s current situation. The proliferation of coronavirus infection in the Russian Federation generated pervasive problems in this area. Recommendations contained in the Decisions of the Presidium of the Supreme Court and the Presidium of the Council of Judges of the Russian Federation of March 18, 2020 and April 8, 2020 did not clarify the law enforcement practice, which led to ambiguity in the interpretation of certain provisions of these documents. The situation that formed in the country as a result of COVID-19 pandemic requires rationalization of a number of issues on the protection of human rights in nonstandard conditions of the work of judicial and law enforcement systems. Information from the open sources published on the Internet served as the foundation for this research. The conducted analysis is valuable for understanding the current situation, as well as for making appropriate decisions that are instrumental for the future. Based on the acquired results, the makes recommendations aimed at improvement of separate institutions of criminal law and criminal procedure law, namely Institution of the statute of limitations, institution of the suspension of proceedings in a criminal case. The scientific novelty consists in the exact wording of indicated recommendations on amending the current criminal procedure legislation.

scholarly journals Some enforcement issues in criminal rights COVID-19 procedure

2020 ◽  
pp. 108-115
Author(s):  
L. M. Volodina
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Russian Federation ◽  
State Regulation ◽  
Criminal Proceedings ◽  
Emerging Issues ◽  
Protection Of Human Rights ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Reliable Mechanism

The presented article offers an analysis of some of the problems of criminal proceedings caused by the current situation in the country caused by the COVID-19 coronavirus infection pandemic. Based on what was stated in Art. 6 of the Code of Criminal Procedure of the Russian Federation, the priority direction on the protection of human rights in the field of criminal proceedings, imposing the corresponding obligations on the state, follows the need for a reliable mechanism to ensure these rights. Meanwhile, in the conditions of the spread of coronavirus infection on the territory of the Russian Federation, a number of questions have arisen regarding the protection of human rights in the non-standard conditions of the judicial and law enforcement systems. Documents at the level of state regulation containing relevant recommendations do not fully cover the range of emerging issues. The decisions of the Presidium of the Supreme Court and the Presidium of the Council of Judges of March 18, 2020 and April 8, 2020, as noted by lawyers, did not clarify the practice of law enforcement.

scholarly journals The Problem of Execution of ECHR Judgments within the Framework of the Novelties of the Constitution of the Russian Federation

2021 ◽  
Vol 3 ◽  
pp. 3-7
Author(s):  
Tatyana M. Alekseeva ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
International Courts ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation ◽  
Effective Remedy

This article is about the problem of execution international courts decisions in connection with the changes that were contributed to the Constitution of the Russian Federation in 2020. The author believes that the review cases in view of new circumstances in connection with the violations were established by the European Court of Human Rights of the Convention for the Protection of Human Rights and Fundamental Freedoms 1950 provisions may be significantly limited. The article states that an appeal to the European Court of Human Rights and the obligation its decisions in relation to the violating country cease to be an effective remedy.

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.

scholarly journals Loyalty to a Constitution and the Problem of Harmonizing the Ideas of Constitutionalism and the Fulfillment of International Obligations in the Field of Human Rights

2018 ◽  
Vol 5 (1) ◽  
pp. 167-180
Author(s):  
I A Kravets
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Constitutional Court ◽  
Protection Of Human Rights ◽  
International Obligations ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
Theoretical Foundations

The article discusses the theoretical foundations of the concept of fidelity to the Constitution and judicial constitutionalization of the supremacy of the Constitution, the circle understanding of constitutional hermeneutics, the problem of the relation of constitutional justice and supranational jurisdiction, the role of the new authority of the Constitutional Court of the Russian Federation (consideration of cases on the possibility of enforcing the decisions of the intergovernmental body for the protection of human rights and freedoms) in the system for ensuring the rights and freedoms of man and citizen.

scholarly journals Application by courts of judgments of the constitutional court of the russian federation and the European Court of Human Rights in one case

2019 ◽  
pp. 125-133
Author(s):  
A. V. Chaykina
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Point Of View ◽  
Vienna Convention ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
The United Kingdom ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Russian Federation

The paper deals with the problem of the application by the courts of the Russian Federation of decisions of the Constitutional Court of the Russian Federation and the European Court of Human Rights in the same civil case. The problem is caused by the uncertainty of the hierarchy of these sources of law in terms of international and national law. The issue of non-fulfillment of ECtHR judgments was considered from the point of view of the provisions of the Vienna Convention on the Law of Treaties of 1969. The author analyzes foreign practice on the execution of judgments of the ECHR. In particular, the author analyzes the practice of the United Kingdom and the Federal Republic of Germany, having faced with the contradiction of the fundamental norms of the state with the ECtHR judgments.The mechanisms to balance the legal positions of these courts have been revealed. The author suggests considering Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms as one of the possible means to eliminate the contradictions between the Constitutional Court of the Russian Federation and the ECHR. The procedure of advisory opinions, from the point of view of the author, may make it possible to coordinate the legal positions of the ECHR and the national practice of applying the Rome Convention to the stage of submitting a complaint of Russian citizens to the ECHR.

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