scholarly journals Constitutional mechanism for the protection of citizens' rights: an anthropocentric approach

2021 ◽  
Vol 7 (3A) ◽  
pp. 44-50
Author(s):  
Ruslan B. Gandaloev ◽  
Valery V. Grebennikov ◽  
Taimuraz E. Kallagov ◽  
Vasily Olegovich Mironov ◽  
Badma V. Sangadzhiev
Keyword(s):  
Human Rights ◽  
Unsolved Problem ◽  
Legal Protection ◽  
Inductive Method ◽  
Scientific Analysis ◽  
Legal Nature ◽  
National Legal System ◽  
Legal Foundations ◽  
The Russian Federation ◽  
Historical Methods

The purpose of the article is to study the legal nature of human rights, as well as to study the constitutional mechanism for protecting the rights of citizens (on the example of the Russian Federation). The article uses the inductive method, the method of systematic scientific analysis, as well as comparative legal and historical methods. The leading method, which is the basis for solving the problem, is to study the legal foundations and features of the implementation of the protection of citizens' rights through the use of constitutional methods and modes (tools) of legal protection. The article proved the theoretical unsolved problem of the effectiveness of the implementation of the constitutional mechanism for the protection of citizens' rights. The criticism of the classical doctrine of human rights as a scientific discourse was quite justified. Legal science needs a holistic and consistent anthropological and legal dogma of human rights, including for solving practical problems of the national legal system, in particular the Russian one, where even the constitutional text needs a human-centered interpretation.

System of Guarantees of Civil Rights: Constitutional and Branch Specifics

2020 ◽  
Vol 11 (4) ◽  
pp. 1200
Author(s):  
Andrey A. METSGER
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Political Factors ◽  
Main Research ◽  
Personal Security ◽  
Personal Rights ◽  
Scientific Analysis ◽  
Legal Foundations ◽  
The Russian Federation ◽  
Historical Methods

Relevance. The study is relevant since the meaning and purpose of special (legal or juridical) guarantees is to establish such legal institutes that would provide legal means for the implementation of rights and duties, as well as protect the rights of citizens from violations by officials, government bodies and other citizens. Adhering to the traditional scientific classification of legal guarantees, the authors of the article distinguish between guarantees of implementing and guarantees of protecting personal security based on their functions. Objective. The article aims at studying the system of guarantees of civil rights with due regard to their constitutional and branch specifics. Special attention is paid to general guarantees of civil rights embracing ideological, economic, social and political factors that create the best conditions and prerequisites for the realization of civil rights and freedoms at the current development of society and state. Methods. The main research method was deduction used for studying the legal nature and specifics of the system of guarantees of civil rights with due regard to their constitutional and branch aspects. The authors of the article also used the inductive, comparative-legal and historical methods, as well as the method of systematic scientific analysis. To solve the task, it is necessary to consider the legal foundations and features of implementing guarantees of civil rights as exemplified by modern Russia. Results. The article proves that the structure of guarantees of personal rights in the Russian Federation still has not been resolved from the theoretical viewpoint. The authors of the article claim that it is necessary to highlight such a type as organizational guarantees. While studying guarantees of personal security, scholars also need to consider that this right belongs to the system of personal rights, whose full list is determined by the Constitution of the Russian Federation. At the same time, ensuring personal rights and civil freedoms is a significant task of many state structures, including internal affairs bodies.

scholarly journals Constitutional mechanism for the protection of citizens' rights in the Russian Federation

2021 ◽  
Vol 7 (Extra-B) ◽  
pp. 462-467
Author(s):  
Elena Yevgenievna Grishnova ◽  
Sergei Pavlovich Zhdanov ◽  
Tatiana Viktorovna Larina ◽  
Vadim Valerievich Mnatsakanyan ◽  
Yuri Viktorovich Stepanenko
Keyword(s):  
Legal Status ◽  
The State ◽  
Inductive Method ◽  
Legal Norms ◽  
Scientific Analysis ◽  
The Social ◽  
Legal Nature ◽  
State And Society ◽  
Deductive Method ◽  
Historical Methods

The purpose of the article is to study the legal nature and essence of the constitutional mechanism for the protection of citizens' rights in modern Russia. The leading method of studying the problem is the deductive method, which allows studying the legal nature and features of the implementation of the constitutional mechanism for protecting the rights of citizens in Russia. The article uses the inductive method, the method of systematic scientific analysis, and comparative legal and historical methods. The article concludes that the constitutional and legal status (as a legally fixed position of a person in their relations with the state and society) is part of the social status of an individual in society. The latter, in turn, is determined not only by legal norms but also by other regulators (political, moral, religious, etc.), mediating the diverse connections of a person with society and the state.

scholarly journals Concept and grounds for the acquisition of ownership rights in the civil law of the Russian Federation

2021 ◽  
Vol 39 (71) ◽  
pp. 543-553
Author(s):  
Svetlana S. Aleeva ◽  
Maria Ye. Zhukova ◽  
Svetlana A. Ivanova ◽  
Albina V. Kachmazova ◽  
Elena B. Kozlova
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Inductive Method ◽  
Important Place ◽  
Main Method ◽  
Legal Norms ◽  
Scientific Analysis ◽  
Legal Nature ◽  
Ownership Rights ◽  
Historical Methods

The purpose of the article was to study the legal nature, concept, and motives for the acquisition of property rights in Russian civil law. The main method of documentary research. The article also uses the inductive method, the method of systematic scientific analysis, comparative legal methods, and historical methods. The main method underlying the solution of the problem is to study the legal bases and characteristics of the acquisition of property rights. The article demonstrates the theoretical irresoluble of the problem of scientific understanding of the grounds for acquiring property rights in the civil law of Russia and other countries. The authors of the article consider that the interpretation of Russian legal norms on property rights is multidimensional in contrast to the relatively recent past. It is concluded that judicial argumentation has occupied an important place in the modern scientific interpretation of civil law rules on property rights. Both the modern legal state and the constitution were created by interpretation and argumentation, including the rules of the property law institute.

scholarly journals Judicial procedural issues of choosing an effective method of legal protection in civil cases

2021 ◽  
pp. 67-75
Author(s):  
Andrii Shabalin
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Specific Method ◽  
Judicial Discretion ◽  
The Rule Of Law ◽  
European Court ◽  
Legal Nature ◽  
Procedural Code ◽  
Protection Of Human Rights ◽  
Civil Cases

Keywords: civil procedural protection, court effective way of protection, civilprocess The article is devoted to the study of Civil Procedureaspects of the court's application of a proper and effective method of protecting aviolated right within the frame of its own judicial discretion. Attention is paid to thestudy of the legal nature of civil protection, existing doctrinal positions, as well as thelegal and regulatory environment. The features of the exercise of discretionary powersby the court regarding the use of an effective method of protecting violated privatelaw have been established. It is indicated that the court is empowered to choose an effectivemethod of legal protection exclusively within the limits of the statement ofclaim — claims are detailed. It is emphasized that when choosing an effective methodof protection, the principle of the rule of law must be observed, in accordance with theprovisions of Article 10 of the Civil Procedural Code of Ukraine (“CPCU”). This meansthat an effective method of legal protection must be correlated with the provisions ofthe Convention for the protection of human rights and fundamental freedoms and thecase law of the European Court of Human Rights. This universal provision applies toall cases of claim proceedings, namely the claim, which are decided by the rules ofcivil procedure. The peculiarity of the court's use of an effective method of protectionin civil cases is that it can choose an effective method of legal protection only in courtcases in which the claim is considered, as well as when the law or agreements do notdetermine the effective method of legal protection. On the basis of the conducted scientificresearch, the author has developed own gradation of legal criteria of choice bycourt of an effective way of legal protection at consideration of civil cases. Such a gradationis universal for all cases considered by the court under the rules of civil procedure.Exceptions to the above regarding the application of a specific method of protectionare cases related to compensation for damage caused to an individual as a resultof withdrawal of an insolvent bank from the market or liquidation of the bank.

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 Constitutional justice in the Russian Federation

2021 ◽  
Vol 7 (1) ◽  
pp. 396-400
Author(s):  
Elena Yevgenievna Grishnova ◽  
Tatiana Viktorovn Larina ◽  
Andrey A. Soloviev ◽  
Yuri Viktorovich Stepanenko ◽  
Yuriy Nikolaevich Tuganov
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
Research Problem ◽  
Inductive Method ◽  
Constitutional Court ◽  
Main Research ◽  
Systemic Analysis ◽  
Legal Nature ◽  
Constitutional Justice ◽  
The Russian Federation

The article aims at studying the legal nature and essence of constitutional proceedings with due regard to historical experience and modern legislative approaches to the structure and system of constitutional justice in Russia. The main research method was the deductive method which allowed the authors to study the legal nature of the Constitutional Court and its role in the separation of powers in Russia. The article also used the inductive method, the method of systemic analysis, and comparative-legal and historical methods. To solve the research problem, it is necessary to consider the legal foundations and features of constitutional justice based on the amendments made to the Constitution of the Russian Federation on July 1, 2020. The article proves that the legal nature and the main goal of constitutional control remain unresolved issues. According to the authors, the most important condition for the creation of a strong judicial power is its high independence. Judicial errors can also cause distrust in the judiciary.

scholarly journals GROUNDS FOR RESTRICTING THE CONSTITUTIONAL RIGHTS OF A PERSON AND A CITIZEN IN ORDER TO ENSURE SECURITY

2021 ◽  
pp. 164-173
Author(s):  
С.Н. Языкеев
Keyword(s):  
Human Rights ◽  
Screening Procedure ◽  
Constitutional Rights ◽  
Security Measure ◽  
Legal Science ◽  
Scientific Analysis ◽  
Legal Nature ◽  
Coronavirus Infection ◽  
Rights Issues

Аннотация. В статье проводится научный анализ теоретико-правовой природы оснований для ограничения конституционных прав человека и граж- данина в России в целях обеспечения безопасности. Вопросы безопасности и прав человека имеют глубокую взаимосвязь, поскольку практически любые меры по обеспечению безопасности (например, процедура досмотра в аэропор- ту) так или иначе «наступают» на права человека. В этой связи, проблема ог- раничений конституционных прав человека в целях обеспечения безопасности остается актуальной для российской юридической науки, в том числе в свете ограничений, вводимых в целях противодействия распространения коронави- русной инфекции. Annotation. The article provides a scientific analysis of the theoretical and legal nature of the grounds for limiting the constitutional rights of man and citizen in Russia in order to ensure security. Security and human rights issues are deeply interconnected, since almost any security measure (for example, an airport screening procedure) somehow “attacks” human rights. In this regard, the problem of restrictions on constitutional human rights in order to ensure security remains relevant for Russian legal science, including in the light of the restrictions introduced to counter the spread of coronavirus infection.

scholarly journals Child Safety in the Context of the Russian Federation Constitutional Values

2020 ◽  
Vol 15 (3) ◽  
pp. 103-111
Author(s):  
O. S. Rybakova
Keyword(s):  
Russian Federation ◽  
The State ◽  
Human Values ◽  
Child Safety ◽  
Personal Safety ◽  
Present Stage ◽  
Legal Nature ◽  
Legal Foundations ◽  
Legitimate Interests ◽  
The Russian Federation

The paper studies the constitutional and legal nature of the child’s right to safety, which claims to be of constitutional value. Particular attention is given to the study of the doctrinal understanding of constitutional values as the determinants of state-legal phenomena that make up the spiritual and moral basis for the development of society and the state. The author considers child’s safety through the category of personal safety (as a part and the whole), which, in turn, is a criterion of social safety, which implies the protection of the whole spectrum of human values, rights and freedoms, including dignity, legitimate interests, protection of property, etc. Based on the analysis of the norms of the Constitution of the Russian Federation, the author shows that the guarantees of the child’s personality safety are inherent in its text. The author concludes that at the present stage of the Russian statehood development, child safety is a constitutional value built into the overall safety system of an individual, society, and the state, which demonstrates the interdependent nature of the organizational and legal foundations of Russia’s national safety. In author’s opinion, ensuring a child’s safety in the context of constitutional and legal values presupposes the creation of a favorable environment for the life of a child in which it is impossible to infringe on his life and health, the formation of which is ensured by a system of guarantees, i.e. economic, political, social, moral and, legal.

scholarly journals The interaction of the Human rights ombudsman in the Russian Federation with civil society human rights institutions

2021 ◽  
pp. 45-53
Author(s):  
G. D. Sadovnikova
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Civil Rights ◽  
Russian Federation ◽  
Digital Literacy ◽  
Public Institutions ◽  
Legal Nature ◽  
The Russian Federation

The article analyzes various aspects of the legal nature of the institution of the Commissioner for Human Rights in the Russian Federation, emphasizes the versatility of its human rights activities in cooperation with public institutions. The effectiveness of such interaction is justified, including by the example of cooperation with the Scientific and Educational Center for Human Rights (REC) at the O. Е. Кутаfin University (MSLA). There are difficulties in the work of the commissioners, due to the fact that the increasing digital literacy of the population makes it relatively easy to send an appeal to the Commissioner for Human Rights in the Russian Federation, regional commissioners, and the capabilities of these bodies are quite limited. In this regard, some proposals are formulated. The author analyzes the possibilities for the implementation of human and civil rights and freedoms by the Commissioners with the support of civil society institutions, suggests developing such interaction in different directions, and considers the criteria for the effectiveness of the institution of commissioners, including such an indicator as interaction with civil society institutions.

scholarly journals Right of Citizens to Participate in the Administration of Justice: Concept, Legal Nature and Content

2020 ◽  
pp. 066-075
Author(s):  
Yu. S. Cheremisina ◽  
Keyword(s):  
Russian Federation ◽  
Legal Systems ◽  
Legal Study ◽  
Administration Of Justice ◽  
Legal Nature ◽  
Legal Foundations ◽  
The Russian Federation ◽  
Similarities And Differences ◽  
The Republic ◽  
The Right

The article is devoted to a comparative legal study of the consolidation, content and mechanism of the implementation of the right to the administration of justice in the Russian Federation, the Republic of Kazakhstan, and the Republic of Belarus. The article reveals the normative legal foundations of the right to administer justice in the Russian Federation, the Republic of Kazakhstan, the Republic of Belarus, securing the place of the right to administer justice in the system of rights, the significance of this right for citizens, the way of securing the right in law. The author analyzes the powers of the right to administer justice from the position of researchers of the theory of subjective law. Attention is paid to the requirements for persons who have expressed a desire to exercise the right to administer justice as a jury, arbitration, and people’s assessors, judges in the legislation of the Russian Federation, the Republic of Kazakhstan, and the Republic of Belarus. The author analyzes the validity of professional and reputation requirements enshrined in legislation. The result of the research in the article was the identification of similarities and differences in the mechanisms for the implementation of the right to the administration of justice in the above legal systems.

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