scholarly journals Search for the optimal model of the national preventive mechanism for the Russian Federation (results of a comparative legal study of the legislation of foreign states)

2021 ◽  
pp. 204-218
Author(s):  
S. V. Sabaeva ◽  
D. E. Gulyaev
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Scientific Work ◽  
International Standards ◽  
Optimal Model ◽  
Legal Study ◽  
Public Control ◽  
Advantages And Disadvantages ◽  
The World ◽  
The Russian Federation

The National Preventive Mechanism (NPM) is a unified system for monitoring the observance of human rights in places of detention, the system complies with international standards. In each State, the National Preventive Mechanism has its own characteristics. The article presents the results of a comparative legal study of the legislation of foreign states that have created the National Preventive Mechanism. Based on these results, identifies and analyzes three existing models of the National Preventive Mechanism in the world, identifies their advantages and disadvantages, and describes in detail all modifications of these models. The scientific work substantiates the author's position that the empowerment of National Preventive Mechanism functions to several decentralized bodies coordinated by one of them is optimal for the Russian Federation. Special attention is paid to the need to include in the National Preventive Mechanism of Russia an independent, regular and preventive public control over the observance of human rights in places of detention.

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.

scholarly journals Constitutional and legal analysis of assessing the effectiveness off the formation and functioning of public control in Russia

2021 ◽  
Vol 7 (1) ◽  
pp. 468-475
Author(s):  
Vitaly Viktorovich Goncharov
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Russian Federation ◽  
Practical Implementation ◽  
Legal Analysis ◽  
Public Control ◽  
Legal Foundations ◽  
The Russian Federation

The practical implementation of the constitutional and legal foundations of public control in the Russian Federation involves the analysis of modern problems arising from the organization and implementation of this institution of civil society, as well as the development and justification of ways to resolve them.  We believe that the resolution of modern problems arising from the organization and implementation of public control in Russia will ensure the implementation in practice of the constitutional principles of democracy and the participation of citizens in the management of state affairs, as well as the implementation, protection and protection of the system of human rights and freedoms and citizen.  

scholarly journals Unrestricted (absolute) rights and freedoms of man and citizen in the Constitution of the Russian Federation of 1993 and international acts

2019 ◽  
Vol 2019 (4) ◽  
pp. 69-75
Author(s):  
Aleksandr Podmarev
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Religious Affiliation ◽  
International Standards ◽  
Constitutional Court ◽  
Federal Law ◽  
The Russian Federation ◽  
The Individual

The 1993 Constitution of the Russian Federation as one of the principles of the legal status of an individual establishes the possibility of restricting human and civil rights and freedoms, while also providing for the necessary conditions for imposing such restrictions (the existence of a constitutional goal of restriction; setting restrictions only by federal law; proportionality; compliance with international standards of restrictions; prohibition restrictions on rights based on social, racial, national, linguistic or religious affiliation). The need for the existence of restrictions on the rights and freedoms of the individual is due to various reasons: the protection of the foundations of the constitutional order, the rights and freedoms of other persons, and the interests of the state. However, certain human rights and freedoms cannot be restricted under any circumstances; this so-called absolute rights and freedoms. But neither national legislation nor international law contain a precisely defined list of absolute rights and freedoms. The aim of the article is to identify in the Constitution of the Russian Federation of 1993 and in international acts unrestricted (absolute) rights and freedoms of a person and citizen. The relevance of the research topic for the Russian constitutional legal science is due to the fact that certainty in the understanding of the list of unrestricted rights and freedoms is necessary for the improvement of lawmaking and law enforcement activities. The article examines the provisions of the Constitution of Russia, the main international legal acts on human rights, the legal positions of the Constitutional Court of the Russian Federation.

HISTORY OF THE ESTABLISHMENT OF PUBLIC SUPERVISORY COMMISSIONS

2020 ◽  
Vol 2 (3) ◽  
pp. 71-78
Author(s):  
MARIA TARASOVA ◽  
◽  
IVAN SMIRNOV
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Modern Human ◽  
Practical Significance ◽  
Historical Aspect ◽  
Public Control ◽  
Human Rights Organizations ◽  
History Of ◽  
The Russian Federation ◽  
Public Monitoring

The article deals with the historical aspects of the formation and key periods of development of public monitoring commissions. Consideration of the topic of this article through the prism of events that highlight the prerequisites for the formation of a system of public control, allowed the authors both to identify systematic difficulties faced by individuals who joined human rights organizations, and to formulate specific proposals, the application of which in practice can be indispensable for improving the activities of public monitoring commissions at the current stage of their development. The content of the article reveals historical facts that played an important role in the formation of public monitoring commissions, mainly as a human rights institution of public observers. The authors note some persons who are interested in creating a system of public control that can provide both consulting and financial assistance not only to representatives of penitentiary institutions, but also to citizens held in them. The article allows you to clearly present the chronology of events that are elements of the Foundation of modern human rights organizations, including a description of situations that affected the performance of members of public monitoring commissions in various time periods. The authors attribute the dynamics of the relevance of the functions of public control to various circumstances, including the emergence of the Gulag, which became the main stumbling block in the development of public monitoring commissions at the end of the second half of the XX century. The article also highlights the stages of forming the next composition of public monitoring commissions, provides indicators that characterize not only the number of their members in the subjects of the Russian Federation and members of such commissions, but also the number of visits to places of forced detention, verification activities, complaints and applications considered, legal consultations, etc. In addition, the authors analyzed the activities of human rights organizations that are active in some regions of the Russian Federation, which revealed the specifics of the implementation of certain rights of citizens, including those who are in prison. The use of a systematic approach to the study of the historical aspect of the creation of public monitoring commissions and the analysis of the organization of work of their members allowed the authors to identify certain problems of theoretical and practical significance, as well as to suggest ways to solve them.

Prospects for Russia-NATO relations: The SWOT analysis

2018 ◽  
Vol 51 (2) ◽  
pp. 151-160
Author(s):  
Lukáš Holas
Keyword(s):  
International Relations ◽  
Russian Federation ◽  
Swot Analysis ◽  
Advantages And Disadvantages ◽  
Determining Factors ◽  
The World ◽  
Voting Procedures ◽  
The Russian Federation

Despite recent changes in international relations and lapse of time since the fall of the USSR, the issue of Russian membership in NATO has been an ongoing fact. Hence, the principle scope of the paper is SWOT analysis of potential Russian membership in NATO from the perspective of the Russian Federation. Through the introduction and evaluation of advantages and disadvantages of such membership in the light of latest geopolitical events in Eurasia suggested by academic and professional circles in NATO countries and Russia, we proceed with identification of fundamental strengths, weaknesses, opportunities and threats that Russia might face. Taking into account such determining factors as the size of its territory, shifting geopolitical conditions in the world, modern understanding of security and a potentially frozen dispute in Ukraine, we come to the conclusion that benefits potentially brought by Russian membership in NATO could be sustained while drawbacks could be eliminated by incorporation of NATO to OSCE and a change in voting procedures of the Alliance.

scholarly journals The promotion of international cooperation in the activities of the high commissioner for human rights in the Russian Federation

2021 ◽  
pp. 85-95
Author(s):  
O. K. Goncharenko ◽  
A. O. Akhmetzyanov
Keyword(s):  
Human Rights ◽  
International Cooperation ◽  
Russian Federation ◽  
International Organizations ◽  
International Standards ◽  
Council Of Europe ◽  
National Human ◽  
High Commissioner ◽  
The Russian Federation ◽  
National Human Rights Institutions

The article addresses issues related to the development of international cooperation as one of the key areas of activity of the High Commissioner for Human Rights in the Russian Federation. The special features regulating the activities of the High Commissioner, including the novelty in the national legislation and international standards in this area have been presented. Special attention has been given to the directions and forms of cooperation of the High Commissioner with national human rights institutions of foreign states, universal and regional international organizations, integration associations of ombudsmen. Examples of the interaction of the High Commissioner with the United Nations and the Council of Europe at the present stage have been provided. The efforts of the High Commissioner to protect the rights of the Russian citizens and compatriots living abroad have been highlighted. The article presents the development and strengthening of such concept as “human rights diplomacy”. The aspects of the establishment and promotion of the Eurasian Ombudsman Alliance have been reflected.In conclusion, the authors make recommendations on the extension of the competence of the High Commissioner.

Regulatory and legal support of risk management

2016 ◽  
Vol 11 (3) ◽  
pp. 196-207
Author(s):  
Вохминцев ◽  
Vladislav Vokhmintsev
Keyword(s):  
Risk Management ◽  
Russian Federation ◽  
Regulatory Framework ◽  
International Standards ◽  
Infrastructure Management ◽  
Advantages And Disadvantages ◽  
Codes Of Practice ◽  
Legal Enforcement ◽  
The Russian Federation

The article reviews the main sources of regulatory and legal enforcement of risk management in commercial enterprises: international standards, codes of practice and manual, as well as laws of the Russian Federation, rules and requirements of regulating authorities. The evaluation of the completeness and role of international documents and legal acts in support of the development of risk-management is given; the problem of their use in home business is examined. As a result of comparison of different approaches used in the international standardization of risk management, the main advantages and disadvantages of use of international standards as a guide to risk management and infrastructure management are identified. The ways of improving the regulatory framework of the national risk management are suggested.

scholarly journals Artificial Intelligence and Robotics: The Possibility of Invasion of Human Rights and Legal Regulation of these Processes in the EU and the World

Lex Russica ◽  
2019 ◽  
pp. 151-159 ◽  
Author(s):  
S. Yu. Kashkin
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Russian Federation ◽  
Science And Technology ◽  
Comparative Law ◽  
The United States ◽  
Legal Regulation ◽  
The World ◽  
The Russian Federation ◽  
And Robotics

The paper analyzes the dangers faced by man and modern society in the light of the development of artificial intelligence and robotics in the fourth industrial revolution. The author examines the areas of human rights that are threatened by these advances in science and technology in case they are not properly monitored and regulated through legal advances. The historical and regional aspects of legislative regulation of the use of artificial intelligence units and robotics are investigated. Prospects of collision of artificial intelligence units with interests of the person and mankind, and also possible legal mechanisms of the resolution of the conflicts arising between them are analyzed. Using the methodology of comparative law, integration law, international law, analysis and synthesis, the author considers the latest documents of the European Union, EU member States, the United States, Russia, China, South Korea and other most representative countries of the world aimed at effective legal regulation of this promising area of development of modern law. The paper provides an analysis of the main trends in the evolution of modern law of science and technology that affect the life and realization of human and civil rights at the national, supranational and international level and the peculiarities of their legal regulation. The research is carried out on the interdisciplinary combination of elements of comparative law, integration, international and national law with reference to philosophy, sociology, history and prognostics. Conclusions are drawn on the possibility of using the world scientific achievements for the long-term development of the law of the Russian Federation. It is also possible to apply positive foreign experience of legal regulation of artificial intelligence and robotics adapted to the conditions of integration organizations with the participation of the Russian Federation.

scholarly journals A National Preventive Mechanism as a New System of the State and Public Control Facilitating Legality of Operations of Detention Facility Administrations in the Russian Federation

2020 ◽  
Vol 12 ◽  
pp. 28-34
Author(s):  
Dmitriy E. Gulyaev ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Practical Significance ◽  
Detention Facility ◽  
Public Control ◽  
Optional Protocol ◽  
Convention Against Torture ◽  
General Scientific ◽  
The Russian Federation ◽  
Degrading Treatment

The problem of the use of torture and violence by employees of places of detention against persons who are there has been relevant in Russia for more than a decade. The purpose of the work is to substantiate the need to create legal conditions for increasing the level of legality in the activities of administrations of places of detention and the effectiveness of protecting human rights and freedoms in such places. There are few scientific works on this problem in Russia. The research methodology is based on general scientific and special methods of scientific knowledge, including dialectical, logical, systemic, formal legal and statistical. It is concluded that an increase in the level of legality in the activities of administrations of places of detention is possible as a result of the signing and ratification by the Russian Federation of the Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which provides for the creation on the basis of the principles enshrined in it a new unified preventive system for monitoring the observance of human rights in places of detention — the National Preventive Mechanism (NPM). The scientific and practical significance of the study lies in proposing a conceptual change in the existing system of state and public control over the observance of law in places of detention in Russia.

The World Opened to Everyone. The Main Library of Krasnoyarsk Region has Celebrated 75-year Anniversary

2010 ◽  
pp. 99-100
Author(s):  
Julia N. Shubnikova
Keyword(s):  
Russian Federation ◽  
The State ◽  
Krasnoyarsk Region ◽  
The World ◽  
The Russian Federation ◽  
Krasnodar Region

On the State Universal Scientific Library of the Krasnodar region, which is one of the largest regional libraries in the Russian Federation.

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