scholarly journals Realization of the Rights of Convicts in the Russian Constitutional-Legal Model of Free Elections

2019 ◽  
Vol 13 (6) ◽  
pp. 932-940
Author(s):  
Svetlana Slobodchikova
Keyword(s):  
Human Rights ◽  
Public Authority ◽  
Constitutional Court ◽  
Criminal Punishment ◽  
European Court ◽  
Legal Model ◽  
Legal Position ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Court Practice

The author studies retrospective and modern categories of admissible limitations of the constitutional right of a person to elect others and to be elected for appointment into bodies of public authority and public offices if they have committed grave or very grave crimes. The author also gives a contemporary assessment of the normative introduction of such limitations in the election field taking into account the legal positions in international and Russian court practice. It is argued that the current Russian constitutional-legal model of free elections has an undifferentiated limitation of active suffrage for persons sentenced to a criminal punishment with a limitation of freedom. The author analyzes the court practice regarding the lawfulness and adequacy of undifferentiating limitation of suffrage rights of convicts, specifically, the legal position of the European Court of Human Rights and the Constitutional Court of the Russian Federation. It is shown that some regimes of incarceration should be transferred into alternative types of punishment that do not entail the limitations of active suffrage. It is stated that there could be more stringent limitation for the realization of passive suffrage than for realization of the constitutional right to elect representatives into bodies of public authority and public offices, especially in cases of grave and very grave crimes. The author concludes that the limitations imposed by the federal legislation regarding the constitutional right to suffrage for persons guilty of grave or very grave crimes is admissible, no matter if the criminal punishment for such publically dangerous and illegal actions is conditional or it is an actual imprisonment in a penitentiary institution.

scholarly journals Manipulation of the Right to Defense from the Standpoint of Securing the Right of the Accused to Free Selection of an Attorney

2021 ◽  
Vol 1 ◽  
pp. 33-39
Author(s):  
Irina V. Revina ◽  
◽  
Olesya S. Pashutina ◽  
Irina N. Chebotareva ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
European Court ◽  
The Supreme Court ◽  
Legal Position ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Individual Decisions ◽  
The Right

Based on the analysis of the legal position of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, individual decisions of the European Court of Human Rights, the article examines the factors that determine the participation of backup advocates in criminal proceedings. The article analyzes the criteria for the validity of the refusal of the accused/defendant from the defense-backup in the criminal proceedings. Attention is focused on the inadmissibility of duplication of the functions of the defense that violates the constitutional right of the suspect, the accused to freely choose a lawyer. Methods for resolving the designated legal conflict are proposed.

The applicability decision of the ECHR in legal proceedings

2015 ◽  
Vol 3 (5) ◽  
pp. 211-218
Author(s):  
Полина Виноградова ◽  
Polina Vinogradova
Keyword(s):  
Human Rights ◽  
International Law ◽  
Russian Federation ◽  
Constitutional Law ◽  
Constitutional Court ◽  
Legal Proceedings ◽  
European Court ◽  
Federal Constitutional ◽  
Legal Position ◽  
The Russian Federation

In modern conditions, changing approaches to the implementation of international law there is both the need and opportunity. The article considers some issues of the relation of national and international law. The legal position about resolution of conflicts of constitutional and conventional interpretations are based on the decision of the Constitutional Court of the Russian Federation on the so-called request for the applicability of decisions of the European Court of Human Rights. Since 2014 there is a new version of Article 101 of the Federal Constitutional Law on the Constitutional Court, which establishes opportunity to apply to the Constitutional Court against the decision of the ECHR. This provision contains an important mechanism for harmonization the constitutional and conventional interpretation.

RESTRICTIONS ON RIGHTS AND FREEDOMS OF A MAN AND A CITIZEN IN THE RUSSIAN FEDERATION AS A MEANS OF DEFENSE OF CONSTITUTIONAL ORDER

2015 ◽  
Vol 10 (6) ◽  
pp. 169-174
Author(s):  
Болотин ◽  
Vladimir Bolotin ◽  
Паньков ◽  
Sergey Pankov
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Russian Federation ◽  
Constitutional Court ◽  
Constitutional Order ◽  
Legal Instrument ◽  
European Court ◽  
The Russian Federation ◽  
Constitutional System

In the article the need of reasonable restriction of human rights and freedoms in modern conditions of increase of various threats for the constitutional system of Russia is shown; the results of modern research in this area, as well as the position of the European Court of Human Rights, the Constitutional Court of Russia, Supreme Court of the Russian Federation are revealed. Defined The system of restrictions, acting legal instrument for the protection of the constitutional order, the conditions and criteria for the limitation of rights and freedoms .

Re Review of Constitutionality of Article 11 and Article 392(4) Items 3 and 4 of the Civil Procedure Code of the Russian Federation

2021 ◽  
Vol 194 ◽  
pp. 487-502
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Civil Procedure ◽  
European Convention ◽  
Constitutional Court ◽  
Content Type ◽  
Procedure Code ◽  
European Court ◽  
Municipal Law ◽  
The Russian Federation

487Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Judgments of European Court of Human Rights — Execution of judgments of European Court of Human Rights — Russian judgments — Whether European Court of Human Rights’ judgments providing grounds for reconsideration of decision in a civil case where opposing decision of Constitutional Court existing — Russian law — Article 392(4) of Russian Civil Procedure Code — The law of the Russian Federation

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