scholarly journals The Development of Regulation of the Family and Marriage Institutions in Russia in the Context of the Decisions of the European Court of Human Rights

Legal Concept ◽  
2020 ◽  
pp. 144-153
Author(s):  
Evgeny Mamay ◽  
Julia Ermakova
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Gender Issues ◽  
The State ◽  
Russian Society ◽  
European Court ◽  
The Family ◽  
The Russian Federation ◽  
Traditional Marriage ◽  
Family And Marriage

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.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

MAIN APPROACHES TO INTERACTION BETWEEN THE STATE AND CIVIL SOCIETY IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 2 (5) ◽  
pp. 133-139
Author(s):  
E. A. GRIBENNIKOVA ◽  
Keyword(s):  
Civil Society ◽  
Russian Federation ◽  
The State ◽  
Russian Society ◽  
Advisory Councils ◽  
Public Advisory ◽  
The Russian Federation

The article considers the issue of interaction between the state and civil society, analyzes the main approaches and models of such interaction. The author notes the important consolidating role played by public and public Advisory Councils under state authorities in Russian society.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

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”.

Respect for the social and economic rights of citizens as an imperative to reduce poverty in the Khabarovsk territory

2020 ◽  
Vol 93 (4) ◽  
pp. 161-169
Author(s):  
I. I. Chesnitskiy ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
The State ◽  
Economic Rights ◽  
Priority Area ◽  
Regional State ◽  
The Social ◽  
The Russian Federation ◽  
A Priority ◽  
Social And Economic Rights

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.

Budgetary Regulation in the Context of Preventing the Consequences of the Spread of a New Coronavirus Infection in the Russian Federation

Lex Russica ◽  
2021 ◽  
Vol 74 (2) ◽  
pp. 64-79
Author(s):  
R. V. Tkachenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
The State ◽  
Russian Society ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Legal Forms ◽  
The Impact ◽  
Budget System

The paper is devoted to the examination of issues related to the increasing importance of budgetary regulation for the proper functioning of a modern innovative society. The key role of the budgetary regulation in the financial process of the State is particularly acute in the context of systemic crises that include socio-economic consequences caused by the spread of a new coronavirus infection (COVID-19) in Russia. In the course of the study, the features of changes in the state financial policy caused by the above-mentioned crisis phenomena are highlighted. The paper describes various approaches to the interpretation of the budgetary regulation as a category of financial law, explores various types and legal forms of methods of the budgetary regulation, analyses mechanisms and the impact of the State on the budget system through the existing legal structure of the budgetary regulation. It is determined that the rules of financial law governing the whole complex of public relations concerning the distribution and redistribution of the national product between the levels of the budget system of the Russian Federation constitute the institution of financial law, namely: the budgetary regulation. The author concludes that the approach based on the concentration of basic powers in the financial field at the federal level significantly slows down the dynamics of development of economic activity in the majority of regions of Russia, while the need for breakthrough innovative development of Russian society determinates the expansion of long-term tax sources of income for regional budgets. In this regard, it is proposed to consolidate additional regulation for revenues gained by regional and local budgets in the form of targeted deductions from federal taxes on a long-term basis.

Presumption of Innocence as a Principle of Administrative Offense Proceedings

2021 ◽  
Vol 1 ◽  
pp. 30-34
Author(s):  
Artem R. Nobel ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Presumption Of Innocence ◽  
Judicial Practice ◽  
European Court ◽  
The Russian Federation

The presumption of innocence is defined as one of the key principles of proceedings on the cases of administrative offenses. Using the current legislation, the legal positions of the highest courts of the Russian Federation and the European Court of Human Rights, judicial practice, the author reveals the essence of the presumption of innocence by highlighting the elements of this principle and characterizing their content.

On the settlement of the grounds, conditions and procedure for the separation of a child from the family

2021 ◽  
pp. 148-161
Author(s):  
I.V. Ponkin
Keyword(s):  
Russian Federation ◽  
The State ◽  
Federal Law ◽  
The Family ◽  
The Russian Federation

Conclusion on the draft federal law № 986679-7 “On Amendments to Certain Legislative Acts of the Russian Federation”, introduced on July 10, 2020 to the State Duma of the Russian Federation by the Deputy of the State Duma P.V. Krasheninnikov and Senator of the Russian Federation A.A. Klishas.

scholarly journals The Material and Procedural Aspects of Non Bis In Idem Principle in Proceedings on Administrative Offenses

2021 ◽  
Vol 4 ◽  
pp. 39-42
Author(s):  
Artem R. Nobel ◽  
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Procedure ◽  
European Court ◽  
The Russian Federation ◽  
Administrative Responsibility

The essence of the principle of one-time administrative responsibility is considered, its concept and proposals for improving the provisions of the Code of Administrative Offenses of the Russian Federation are formulated. The conclusions are based on the provisions of the legislation on administrative offenses, the legal positions of the highest courts of the Russian Federation, the European Court of Human Rights, a comparative analysis of the current criminal and criminal procedure legislation. The operation of the principle non bis in idem in proceedings on the cases of administrative offenses is revealed by highlighting the material and procedural elements that make up its content.

scholarly journals The prosecutor’s office on the defense human and civil rights and freedoms in the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 87-92
Author(s):  
T. I. Otcheskaya
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
People’S Republic Of China ◽  
Labor Rights ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Right

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.

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