scholarly journals Protection of property rights by the ombudsman in the Russian Federation: improving approaches

2021 ◽  
pp. 236-244
Author(s):  
A. A. Drozdov
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Russian Federation ◽  
Constitutional Court ◽  
Public Interests ◽  
The Rule Of Law ◽  
European Court ◽  
Private And Public ◽  
Strict Compliance ◽  
The Russian Federation

The article deals with the protection of property rights by the Commissioner for Human Rights in the Russian Federation. The author believes that the activities of the Commissioner contribute to the development of the institution of property in Russia. The text reveals the constitutional content and significance of the inviolability of property for the legal system of the state and the development of the rule of law. The author concludes that the relevant protection should be carried out in strict compliance with the principle of maintaining a balance of private and public interests, and in order to improve approaches to protection, it is necessary to consider the interpretation of this principle given by the Constitutional Court of the Russian Federation and the European Court of Human Rights. In support of these conclusions, the author reveals the corresponding approaches to the interpretation of the protection of property rights of the Constitutional Court of the Russian Federation and the European Court of Human Rights.

scholarly journals Comparative analysis of the approaches of the Constitutional Court of the Russian Federation and the European Court of Human Rights to the protection of property rights

2021 ◽  
pp. 168-175
Author(s):  
A. A. Drozdov
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Property Rights ◽  
Russian Federation ◽  
Private Property ◽  
Constitutional Court ◽  
Leading Role ◽  
European Court ◽  
The Russian Federation ◽  
The Right

The article substantiates the leading role of the right of private property in the economic system of a state with a market economy, and therefore points to the need to comply with increased guarantees of its protection. It also states that there are problems with the protection of property rights. Then the author substantiates the obligation for all Russian authorities of the legal positions of the Constitutional Court of the Russian Federation and the European Court of Human Rights. A comparative analysis of these positions and approaches to the protection of property rights leads the author to the conclusion that the goal of their harmonization has been partially achieved. In order to increase the effectiveness of the protection of rights, it is necessary to further implement the approaches of the European Court, which increase the guarantees of protection, into the Russian legal system, and it is also necessary to consider the issue of introducing point changes into Russian legislation taking into account these approaches.

The antitrust immunity of intellectual property in Russia

2021 ◽  
pp. 32-39
Author(s):  
S. S. Burchik
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Antitrust Law ◽  
Public Interests ◽  
Private And Public ◽  
The Russian Federation ◽  
Antitrust Immunity

The growing importance of intellectual property as an asset raises the question whether exercising of the intellectual property rights shall be regulated by antitrust law to protect against possible abuses and ensure the efficiency of the economy. The study aims to improve the existing regulation in the Russian Federation and align it with the idea of balancing private and public interests while fostering competition and encouraging innovation.

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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