scholarly journals The Principle of Constitutional Identity and Individual Rights: In Search of the Golden Ratio

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Anastasia Ruzina
Keyword(s):  
Golden Ratio ◽  
The State ◽  
Individual Rights ◽  
Legal Analysis ◽  
International Treaties ◽  
Traditional System ◽  
Legal Method ◽  
Russian State ◽  
The Individual ◽  
Constitutional Identity

The phenomenon of the constitutional identity of the Russian state in the context of conventional and constitutional conflicts is currently acquiring a special meaning. The need to protect state sovereignty, upholding the traditional model of relations between the individual, society and the state are the urgent tasks facing the Russian Federation being the main focus of the constitutional reform of 2020. In this context, the purpose of the study was the legal analysis of the constitutional identity of the Russian state as a frontier of compromise between the European and national systems of protection of individual rights and freedoms. Disregard for the constitutional identity of the state may lead to its "erosion" and the adverse impact of internationalisation on the foundations of the constitutional order. Guided by the principle of constitutional identity, a state can arrive at the best and legitimate solution in a particular case, which would not contradict national law, but at the same time would not ignore the norms of international treaties. The application of both general scientific and special methods of cognition, the formal-legal method and the method of legal modelling, made it possible to see in the constitutional identity not only the boundary of compromises in Russia's relations with inter-state bodies, but also the distinctiveness of constitutional processes. The conducted analysis of the domestic legal acts led to the conclusion that the principle of constitutional identity is an inviolable foundation of the constitutional state and its model of ensuring the individual rights and freedoms in the traditional system of values. The indicators and trends of crime for the period from 1991 to 2020 are given.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

scholarly journals Comparative legal analysis of the anti-corruption policy in Ukraine and Poland

2021 ◽  
Vol 39 (69) ◽  
pp. 91-114
Author(s):  
Oleksandra Zakharova ◽  
Olena Harasymiv ◽  
Olga Sosnina ◽  
Oleksandra Soroka ◽  
Inesa Zaiets
Keyword(s):  
Economic Development ◽  
Human Rights ◽  
Social Justice ◽  
Soviet Union ◽  
Eastern Europe ◽  
Market Economy ◽  
Former Soviet Union ◽  
The State ◽  
Legal Analysis ◽  
International Treaties

Effective counteraction to corruption remains relevant in some countries of Eastern Europe and the former Soviet Union, given that manifestations of corruption are a real obstacle to the realization of human rights, social justice, economic development and jeopardizes the proper functioning of a market economy. However, if such countries of the region, such as Poland, succeeded in ensuring the implementation of an effective anti-corruption policy, a number of post-Soviet countries, in particular Ukraine, faced significant obstacles to overcoming corruption and effectively implementing national anti-corruption policies. Therefore, within this article, a comparative legal analysis of the anti-corruption legislation of these countries has been carried out. The state of implementation of national anti-corruption policies and the formulated conclusions, which provide answers to the questions of improving the implementation of national anti-corruption policy, in particular Ukraine, are considered. Thus, the existence of modern national anti-corruption legislation that best meets the requirements and recommendations on which the state relies on relevant international treaties can be the key to successful anti-corruption efforts.

scholarly journals IMPLEMENTATION OF INTERNATIONAL COMMITMENTS UNDERTAKEN MEMBER STATES WITHIN THE FRAMEWORK OF THE EURASIAN ECONOMIC UNION

2017 ◽  
Vol 3 (3) ◽  
pp. 109-118
Author(s):  
Андрей Морозов ◽  
Andrey Morozov
Keyword(s):  
International Organizations ◽  
Structural Method ◽  
Legal Analysis ◽  
International Treaties ◽  
Member States ◽  
Eurasian Economic Union ◽  
Legal Method ◽  
Logical Method ◽  
International Obligations ◽  
Economic Union

The article explores the issues related to the fulfillment of international obligations accepted by the member states within the framework of the Eurasian Economic Union, on the basis of an analysis of international legal and domestic legal acts. The purpose of the article is to develop scientifically grounded recommendations and proposals on improving the legal mechanisms for the fulfillment by Member States of international obligations arising from international legal acts operating within the framework of the Eurasian Economic Union. Tasks of the article: analysis of the provisions of the Treaty on the Eurasian Economic Union of May 29, 2014, concerning the application and implementation of decisions adopted by the bodies of the Eurasian Economic Union; an analysis of the regulatory legal acts of the member states of the Eurasian Economic Union affecting the implementation of international obligations arising from international treaties and decisions of international organizations; comparative legal analysis of the provisions of the constitutions of the member states of the Eurasian Economic Union on the place of international treaties in national legal systems; development of proposals on the improvement of legal mechanisms for the implementation of international obligations adopted within the framework of the Eurasian Economic Union. Among the methods used in the preparation of the article, it is necessary to distinguish the dialectical method, the philosophical method, the formal logical method, the system-structural method, the historical method, the formal legal method, the method of interpreting the law, the comparative legal method, the method of expert appraisal, the method Legal modeling and forecasting. In the article, based on the results of the study of international legal acts, legislative and by-laws of the member states of the Eurasian Economic Union, as well as scientific developments, proposals were made to improve the legislation of the Russian Federation in the field of fulfilling international obligations, the source of which are decisions of international organizations, including the Eurasian Economic Union.

scholarly journals ANTI-CORRUPTION IN POLICE BODIES OF THE RUSSIAN FEDERATION AND THE FEDERAL REPUBLIC OF GERMANY

2017 ◽  
pp. 122-128
Author(s):  
Денис Печегин ◽  
Denis Pechegin ◽  
Евгения Прохорова ◽  
Evgeniya Prohorova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
The State ◽  
Federal Republic Of Germany ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
Legal Doctrine ◽  
Effective System ◽  
The Russian Federation ◽  
The Individual

The police as a law enforcement body of a specific state was created to perform a variety of tasks in order to maintain the law and order in society, to ensure the security of the state, its citizens. In accordance with the role of the police in the legal doctrine of different countries (Germany, France, England, etc.), in due time, there were even separate schools to study this institution. The police are also one of the subjects of anti-corruption. Nevertheless, this does not mean that corruption cannot exist in the ranks of the police. Despite the general increase in confidence in the police and their employees, noted by the All-Russia centre of studying of public opinion over the last few years in the Russian Federation, today the efforts to combat corruption need to be undertaken not only outside, but also within the police departments themselves. It is obvious that corrupt law enforcement bodies are not able to perform effectively and qualitatively their tasks, and this fast poses a real threat to the state, society and the individual. Thus, the task of improving the complex of anti-corruption measures in the police bodies is becoming more urgent. The article presents a comparative legal analysis of anti-corruption in the police bodies of Russia and Germany in modern conditions. The measures of influence are defined, as well as the forms of interaction of law enforcement agencies in the fight against this negative social phenomenon. The authors come to conclusion that the effective system of anti-corruption in police facilitates not only by the system of legislative sanctions adopted in the state, but also by the qualitative implementation of the state’s social policy with regard to civil servants.

Legal Regulation of Perishable Foodstuffs Transportation

2019 ◽  
Vol 10 (7) ◽  
pp. 2162
Author(s):  
Anna YANOVYTSKA ◽  
Halyna YANOVYTSKA
Keyword(s):  
International Trade ◽  
Structural Analysis ◽  
Trade Agreements ◽  
Legal Regulation ◽  
The State ◽  
Logical Analysis ◽  
International Treaties ◽  
International Trade Agreements ◽  
Legal Method ◽  
International Conventions

One of the important areas of development of the state and private economic situation is international trade. Such trade depends on international treaties, the functioning of transport. The article is devoted to the research of legal regulation of carriage of perishable foodstuffs by road. The problems of application of international conventions (CMR and ATP) and other regulatory acts to such transportation are identified. Possible ways of solving such problems concerning transportation within the country and abroad are suggested. To conduct this study, methods of logical analysis, dogmatic analysis, the historical and legal method, and the method of systematic structural analysis are used. As a result of the study, a system of international transportation of perishable food products was presented, prospects, trends and key areas for improving international trade agreements were identified.  

scholarly journals The Impact of External Risks on Ensuring the Financial and Economic Security of the Russian Federation

2020 ◽  
Vol 16 (2) ◽  
pp. 68-75
Author(s):  
E. M. Aminova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Economic Security ◽  
The State ◽  
Financial Risks ◽  
Forming Process ◽  
Legal Method ◽  
Russian State ◽  
The Russian Federation ◽  
The Impact

Introduction. The article discusses the impact of financial risks on the financial and economic security of the state. In modern economies, the financial sector dominates the economy. Moreover, the development of financial markets has been seen in the past two decades as an independent driver of economic growth. At the same time, “negative processes that occur in a small number of financial market players in one country can cause crisis events throughout the world economy.” Among the main strategic risks and threats to national security in the economic sphere are the low stability and security of the national financial system.Materials and methods. The work uses the following general scientific and special methods of cognition: the method of system-structural analysis, synthesis, induction, deduction, comparative-legal and formal-legal method.Results. As the experience of the last decade shows, the financial and economic security of the Russian state is more influenced by the environmental factors (general economic crisis, geopolitical situation, inflation, payment crisis, climate and biological (epidemiological) risks, etc. The state governance  of ensuring financial and economic security should be a permanent, integrated part of the forming process of state economic policy and legal regulation of russian economy. In order to achieve financial and economic security it is necessary to establish an effective financial and legal mechanism capable to resist emerging risks.Discussion and conclusion. The article revealed the impact of external financial risks that have a significant impact on the financial and economic security of the state. The need to establish an effective state mechanism to ensure the financial security of the Russian Federation is justified. The proposed measures are directed to improve the legal provision of financial and economic security of the Russian Federation. 

scholarly journals The role of customs in the system of social norms

2021 ◽  
Vol 118 ◽  
pp. 02019
Author(s):  
Aelita Mikhailovna Mongush
Keyword(s):  
Social Norms ◽  
Legal Theory ◽  
The State ◽  
Customary Law ◽  
Social Regulation ◽  
Legal Analysis ◽  
Legal Method ◽  
Characteristic Features ◽  
Theory Of Law

The purpose of the study is to determine the essence and role of the norms of customary law (customs) through a comprehensive historical-legal and comparative-legal analysis. The methodological basis of the research was such methods of scientific knowledge as: description and comparative-legal method, which enabled to reveal certain types of social norms, their particularities and characteristic features, as well as the historical-legal method and methods of analysis and synthesis. The result of the work was the conclusion that through the prism of customary law norms, the level of development of the state, the degree of independence of society from the state, as well as the state of legal culture is seen on the largest scale. In addition, the author considers a well-reasoned and proven conclusion that it is required to study customary law and customs to modernize legal theory. The work also gives the author’s definition of the category of “custom”: a custom is the established models of human behavior in society, which have developed in the course of their multifold repetition. The novelty of the research lies in the author’s approach to examining the relationship between customs and the theory of law, as well as in the fact that the norms of customary law and the custom appear to be independent and fundamental methods of social regulation in the system of social norms.

scholarly journals ON THE QUESTION OF THE EXERCISE BY RUSSIAN WOMEN OF THE RIGHT TO FREEDOM OF LABOR

2021 ◽  
pp. 8-11
Author(s):  
A.V. Golovinov ◽  
Yu.V. Golovinova
Keyword(s):  
Civil Rights ◽  
The State ◽  
Constitutional Rights ◽  
State Discrimination ◽  
European Court ◽  
Russian State ◽  
State And Society ◽  
Constitutional Right ◽  
The Individual ◽  
The Right

Within the framework of this publication, the authors analyze some of the problems of the realizationby Russian women of the constitutional right to freedom of labor. The emphasis is placed on the principleof equality as a basic platform that allows women to effectively exercise their right to freedom of work. The authors proceed from the fact that equality as a principle of law is nothing more than the ideal of ajust structure of the state and society, which is characterized by the comprehensive implementation andprotection of human and civil rights and freedoms. Therefore, equality canonizes parity in the relationshipbetween the individual and the state, discrimination on the part of state bodies with this interpretation isexcluded.The article shows that the Russian state, striving to improve the conditions of women’s work, in orderto effectively protect their constitutional rights, creates a system of normative legal acts that fix the list ofprofessions and types of professional work, which women have no right to replace. This, in turn, leads to thelatter’s appeal to the courts, up to the Supreme Court of the Russian Federation and the European Court ofHuman Rights in Strasbourg.

“ROMAN OWNERSHIP RIGHTS” AND OTHER LEGAL GROUNDS FOR SOCIAL STATE

2020 ◽  
Vol 17 (1) ◽  
pp. 27-38
Author(s):  
Alexander Evstratov ◽  
Igor Guchenkov
Keyword(s):  
The State ◽  
Social State ◽  
Human Community ◽  
Legal Method ◽  
Logical Method ◽  
Common Interests ◽  
The Law ◽  
The Individual ◽  
Ownership Rights ◽  
The Way

Introduction. The significance of the study lies in the consideration of issues related to the disclosure of the legal foundations of social statehood, the determination of the value of law and ownership as necessary elements of comprehensive human development, as well as the understanding of the limitations that the use of only substantive criteria for the implementation of the idea of a social state provides. Purpose. The aim of the article is to identify the need for the main principle of human community – the development of a free individual, when the person does not feel any total control by the state, or solitude in the market struggle, to be pursued. Methodology. Formal legal method, analysis, synthesis, formal logical method, systematic approach. Results. The common forms of relationships between individuals and society are considered. It is determined that the most promising ideal type of social relationships should be a mixed type, the prerequisite of which is the equivalent value of the individual and society (society and the state) that exist in different historical epochs. An important role is assigned to the law and ownership, it follows that who destroys the law and ownership, then destroys the personality as well. The order of the human community, based on property and laws governing that, is a system of dependence of those who have no property on those who have it. It is also pointed out that the possibility of acquiring property and thus making an inter-class transition is not the property and the transition itself, because it does not guarantee free development for everyone. Every individual must understand that his own freedom cannot occur without the freedom of other people, that while working on achieving this type of order, the individual works not only on society but on himself as well. Each person may demand the same rights for himself by giving others a possibility to manifest themselves through their ownership rights. Awareness of his individuality is the way to comprehension of the meaning of personal independence, while the awareness of other individuals as independent equals whom he needs for his own development is the way to interaction among people, a chance to make the life well-ordered. Conclusion. It is necessary to speak of the social state as a special ideal, which is based on the eternal harmony, not the struggle, of two opposite, but identical in their nature qualities of a man: a will for privacy, selfishness, striving for isolation, domination over their own kind, which could be found in society, and the public, universal, striving to preserve everything, which are expressed in the state. In both theory and legislation, it is necessary to reflect those interests, the reasonableness of which is historically predetermined, so that they, through the law, entered the consciousness of everyone, became our common interests. That is why we need an actual guarantee of free education in the broadest sense, as a spiritual basis for the implementation of the idea of a social state and the education of a new generation of young people, who can be called a future leaders of Russia.

The Status of Fundamental Individual Rights in the Absence of a Written Constitution

1974 ◽  
Vol 9 (4) ◽  
pp. 497-511 ◽  
Author(s):  
Amos Shapira
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Order ◽  
Human Society ◽  
Individual Rights ◽  
Legislative Authority ◽  
The Status ◽  
The Individual

To reconcile the true boundaries between the individual and the community is the highest problem that thoughtful consideration of human society has to solve. Jellinek,The Declaration of the Rights of Man and of Citizens(1901).The legislative authority in Israel is all-powerful. Like the English Parliament, the Knesset “can do everything but make a woman a man, and a man a woman”. In the absence of a formal written Constitution, the Legislature enjoys legislative supremacy: the laws of the Knesset stand at the top of the normative legal order of the State, paramount in the prevailing legal system. Ranged against such a Legislature-giant, whose power knows no formal restraint, the Courts often feel like Lilliputians facing a Gulliver. There is, indeed, justification for this sense of inferiority harboured by the Judiciary. It is undoubtedly true that in the process of adjudicating disputes—between two individuals and between an individual and the authorities—judges apply, construe, and develop the existing rules of law and impart life to them.

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