scholarly journals Constitutional Rights in the Sphere of Entrepreneurial Activity and Peculiarities of Holders of Such Constitutional Rights

2019 ◽  
pp. 66-72
Author(s):  
E. M. Yakimova
Keyword(s):  
Civil Rights ◽  
Entrepreneurial Activity ◽  
Constitutional Rights ◽  
Economic Activities ◽  
Economic Rights ◽  
Component Structure ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Definition Of ◽  
The Right

Constitutions of the majority of countries of the world contain a detailed catalogue of human and civil rights and freedoms that tends to expand. At the same time, the essence of economic rights is defined in the regulation of the rights of the “second” generation and is associated with the recognition of property rights and the right to carry out activities aimed at obtaining income. In the process of drafting modern constitutions, States only specify the rights in question. The constitutional right to the free use of one’s abilities and property for entrepreneurial and other economic activities not prohibited by law is considered in this article as a basic, but not the only right in the sphere of entrepreneurial activity. A special feature of the implementation of the right under consideration is its special range of holders of the right in question. It is concluded that the construction of Article 34 of the Constitution of the Russian Federation has a two-component structure (denotes two types of activity: entrepreneurial and other economic activities). Such a design determines the definition of the range of holders of the right under consideration: the range of holders of the right depends on whether the issue involves only entrepreneurial or any other economic activities.

scholarly journals The right to life in the system of constitutional rights and freedoms of individual and citizen

2021 ◽  
Vol 2021 (1) ◽  
pp. 37-41
Author(s):  
Oleg Amel'chakov
Keyword(s):  
Civil Rights ◽  
The Other ◽  
Constitutional Rights ◽  
Right To Life ◽  
Human Right ◽  
The Difference ◽  
Constitutional Right ◽  
Set Up ◽  
Definition Of ◽  
The Right

The right to life is traditionally recognized as a natural and inalienable right of any person and citizen. It is intrinsically connected with realization of other rights and liberties. The aim of the article is to clarify the concept and the essential nature of the constitutional right to life, to define its place in the system of fundamental human and civil rights and liberties. The article analyses constitutional rights, reveals the difference from the other human and civil rights and liberties and analysis other approaches of constitutional rights theoretic to the definition of the notion «right to life» as a constitutional right. The research gives the monitoring of the main statutory documents that defines the legal «understructure» of fixation and content of the notion «right to life» and the review of the foreign constitutional statutory documents that are devoted to the different aspects of law. Based on the results of the research a conclusion was made that the right to life takes a special place in the system of the constitutional rights and freedoms. The right to life is the inherent human right and this is admitted on the international level. Being fundamental in nature, it is based on the constitutional norms and principles, which set up uniformity of appliance and mechanisms for ensuring and protecting the right to life.

scholarly journals THE NOTION OF THE CLAIM: PROBLEMS OF DEFINITION

Lex Russica ◽  
2020 ◽  
pp. 28-40
Author(s):  
V. N. Ivakin
Keyword(s):  
Civil Rights ◽  
Public Law ◽  
Administrative Procedure ◽  
Legitimate Interest ◽  
The Russian Federation ◽  
The Common ◽  
Definition Of ◽  
The Right ◽  
The Impact ◽  
Latin Term

The main form of protection of civil rights (in the broad sense) is the form of action bringing, the impact of which has increased significantly as a result of the transition to a market economy. This form has gained even wider application with the adoption of the Code of Administrative Procedure of the Russian Federation of March 8, 2015, that has introduced the institution of an administrative action in relation to cases arising from administrative and other relations regulated in the context of public law. However, the question concerning the concept of the action, regarding which in the legal science several concepts are being applied, remains unclear and the paper examines different concepts dealing with the notion of the action. In particular, according to the author, the term “action” does not mean a legal act. This view is based on the common identification of the Russian term “isk” with the Latin term actio that literally meaning “action.” The article also subjects to extensive criticism an outdated doctrine about the action in procedural and substantive senses. Attention is also drawn to the shortcomings of the doctrine that treats the action as the unity of the two parties — procedural (the applicant’s claim to the court) and substantive (the applicant’s claim to the defendant). The author has examined the inconsistency of the doctrine of the lawsuit developed by G. L. Osokina treating the action as the claim to protect a right and at the same time to admit the existence of the right to bring an action in a procedural and substantive sense. Also, the article analyzes the shortcomings of the definitions of the action given by V. V. Yarkov and O. V. Isaenkova. In conclusion, the author substantiates and gives his own definition of the concept of the action as the request addressed to court by the person concerned, submitted and considered in a certain procedural order in order to protect the violated right. The concept under consideration is also defined as the right that requires confirmation, freedom or legitimate interest and the direct exercise of the right or the satisfaction of a legitimate interest for which another person is held liable.

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.

scholarly journals Trends of development of administrative management of recreational and tourist nature production in domestic and international practice

2018 ◽  
Vol 2 (1) ◽  
pp. 111-121
Author(s):  
Kateryna Kostetska
Keyword(s):  
Natural Resources ◽  
Integrated Approach ◽  
Entrepreneurial Activity ◽  
Economic Activities ◽  
State Budget ◽  
Administrative Management ◽  
Tourist Resource ◽  
Legal Factor ◽  
Definition Of ◽  
The Right

Introduction. The article deals with the main tendencies of development of recreational and tourist nature use in the context of ownership rights to natural resources. It should be noted that to date, there is no clear distinction between property rights and the definition of the conditions of possession, disposal and use of recreational and tourist resources as well as methodical provision of valuation, assessment of recreational and tourist resources and determining the amount of damage caused as a result of violations of environmental legislation. Aim and tasks. The purpose of the article is to analyze trends in the development of administrative management of recreational and tourist use in the domestic and international plane. The set goal requires the following tasks: to analyze the ownership of natural resources in Ukraine and in the international aspect; to substantiate the necessity of integrated approach to conducting ecologically oriented entrepreneurial activity in the recreational and tourist area with the definition of the main directions of this activity and the control levers. Research results. Today, there is no complete interconnection of recreational and tourist use with three spheres - economic, environmental and social, which imposes certain restrictions on maximizing economic revenues from recreational and tourist flows and preventing damage to the natural environment. There are also no methodological recommendations that would take into account the legal factor - the consistency of the socio-ecological and economic factors of recreation and tourism activities with the right to own natural resources. There is no distinction between types of economic activity using the recreational and tourist resource and ownership of this resource, taking into account the privileges and tax provisions of the entrepreneur. At the same time when calculating tax provisions from the introduction of economic activities, only the profit of the enterprise, which is transferred to the state budget, is taken into account, and only the parking fee and resort tax are levied to the local. The fee for the use of natural resources is also not calculated taking into account the activity of the enterprise. Conclusion. The main gaps in domestic legislation in the field of administrative management of recreational and tourist nature use are determined and directions of its improvement are described. Consequently, the task of administrative management of recreational and tourist nature use is to form an ecologically oriented model of entrepreneurial activity that will be legally sound and economically profitable both for the entrepreneur and for budget replenishment.

CONSTITUTIONAL PROBLEM OF THE WELFARE STATE

2020 ◽  
pp. 61-73
Author(s):  
Evgeniy Kolyushin
Keyword(s):  
Private Property ◽  
Social Dimension ◽  
Economic Activities ◽  
Right To Education ◽  
Economic Rights ◽  
Russian State ◽  
The Social ◽  
The Russian Federation ◽  
The Right ◽  
Legal Understanding

The article deals with the constitutional and legal characteristics of the Russian state, the concept and concepts of the social state, the content and range of basic socio-economic rights enshrined in the Constitution of the Russian Federation, the constitutional and legal understanding of the right to private property, the right to business and other economic activities not prohibited by law, the right to work, the right to education, the right to housing, etc., as well as the problem of increasing the social dimension of modern constitutional law.

scholarly journals Prohibition of abuse of rights in agribusiness

2021 ◽  
Vol 258 ◽  
pp. 05033
Author(s):  
Vitaly Goncharov ◽  
Tatiana Mikhaleva ◽  
Grigory Vasilevich ◽  
Sergey Balashenko ◽  
Jacek Zalesny ◽  
...  
Keyword(s):  
Constitutional Rights ◽  
Political Rights ◽  
Public Control ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right ◽  
Legal Mechanism ◽  
Constitutional Analysis ◽  
Full Protection

This article is devoted to the constitutional analysis of the institution of a legal prohibition on the abuse of civil and political rights in the exercise of the right to public control. We affirm that comprehension of the constitutional-legal mechanism of public control will ensure the achievement of an actual balance of constitutional values in the process of organizing and implementing this institution of civil society. A research of the institution of a legal prohibition on the abuse of civil-political rights when exercising the right to public control in Russia revealed the need for its institutionalization in the current federal legislation with a detailed definition of the conditions and limits of use in order to ensure full protection of constitutional rights, freedoms and legitimate interests of all participants in public control events, as well as preventing the creation of obstacles to the implementation of the constitutional principles of democracy and the participation of citizens of the Russian Federation in the management of state affairs, which are ensured by the institution of public control.

scholarly journals Pathological Analysis of the Charter of Citizenship Rights in Iran in Judicial Rights Terms with a Focus on Human Dignity

2016 ◽  
Vol 10 (1) ◽  
pp. 177
Author(s):  
Fatemeh Piraman ◽  
Seyed Mohammad Sadegh Ahmadi ◽  
Masoud Raei
Keyword(s):  
Human Dignity ◽  
Focal Point ◽  
Legal Rights ◽  
Constitutional Rights ◽  
Citizenship Rights ◽  
Constitutional Right ◽  
Legal Security ◽  
Definition Of ◽  
The Right

Judicial right is one of the most significant fields of citizenship rights. A large part of the right legal instances become considerable when a citizen is under suspicion. To codify the examples of legal rights principally, the concept of human dignity needs to be the focal point on a constant basis. In the case of ignoring this criterion in arranging the constitutional rights the justice would not be attained, and the legal security of the citizens would be disrupted.Within the constitutional rights of Iran, the charter of the citizenship rights as a comprehensive document considered within the constitutional right field.  In the preface and principles of this document human dignity is confirmed as one of the most significant factors in codifying the citizenship rights. However, in the continuation and in the arrangement of the instances of the citizenship rights this criterion has not been considered as expected.The charter of the constitutional rights compared to previous rules of it has no significant innovation. Two groups of factors have caused the insignificant role of human dignity within the judicial rights. The first groups include the general factors such as presenting an inaccurate definition of citizen and mingling the instances of human rights with examples of rights. The second group of factors that mostly relate the lack of precise positioning towards some of the accepted principles of the legal right has provided the possibility of violating human dignity in this charter.

The Legal Status of Cryptocurrencies in the Russian Federation

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Virtual Currency ◽  
Content Analysis Method ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.

From Property Rights to Liberty Rights: We the Corporations, A Review Essay

2021 ◽  
Vol 95 (2) ◽  
pp. 335-340
Author(s):  
Laura Phillips Sawyer
Keyword(s):  
Civil Rights ◽  
Civil Liberties ◽  
Political Process ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
State Action ◽  
Unequal Treatment ◽  
The People ◽  
The Right ◽  
We The People

A long-standing, and deeply controversial, question in constitutional law is whether or not the Constitution's protections for “persons” and “people” extend to corporations. Law professor Adam Winkler's We the Corporations chronicles the most important legal battles launched by corporations to “win their constitutional rights,” by which he means both civil rights against discriminatory state action and civil liberties enshrined in the Bill of Rights and the Constitution (p. xvii). Today, we think of the former as the right to be free from unequal treatment, often protected by statutory laws, and the latter as liberties that affect the ability to live one's life fully, such as the freedom of religion, speech, or association. The vim in Winkler's argument is that the court blurred this distinction when it applied liberty rights to nonprofit corporations and then, through a series of twentieth-century rulings, corporations were able to advance greater claims to liberty rights. Ultimately, those liberty rights have been employed to strike down significant bipartisan regulations, such as campaign finance laws, which were intended to advance democratic participation in the political process. At its core, this book asks, to what extent do “we the people” rule corporations and to what extent do they rule us?

scholarly journals THE PROBLEM OF DETERMINING THE LEGAL REGIME OF “DISPUTED” REAL ESTATE: THEORETICAL AND PRACTICAL ASPECTS

2021 ◽  
pp. 19-24
Author(s):  
N.A. Pronina ◽  
T.N. Platunova ◽  
S.O. Kostyakova
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Civil Law ◽  
Property Right ◽  
Legal Regime ◽  
Land Plot ◽  
Legal Definition ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article raises the following topical problems currently inherent in the institution of real estate in theRussian Federation: the unsuccessful legal definition of a real estate object, enshrined in Art. 131 of the CivilCode of the Russian Federation; qualification of objects as immovable and, accordingly, delimitation of themfrom movable ones; the emergence of objects with a controversial legal regime; the need to move from themodel of “plurality” to the model of “unity” of real estate objects. Also, the authors of this article analyzea number of approaches aimed at resolving the above problems and the possible consequences (both positiveand negative) of their implementation in practice, put forward their views and offer their own solutionto these problems. A variant of the legalization of “disputable” objects is proposed by introducing the rightof construction into the civil law of the Russian Federation as a limited property right to use a land plot withthe extension of this right to everything that is being built on such a land plot. The examples of legislativeregulation of the right to build in the civil law of pre-revolutionary Russia are considered, the elements of theright to build in the current law of the Russian Federation are revealed.

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