Constitutional human right to a favorable environment in the Russian Federation and the Kingdom of Sweden: a comparative legal analysis

The article analyzes various forms of protecting the right to a favorable environment, examines the concept of a form of protecting rights as a legal category. Based on the analysis of regulatory and scientific sources, the author has classified the forms of protection of the right to a favorable environment provided for in the law. Depending on the endowment of the subject carrying out the defense with the authority to use state coercion, the author identifies two large independent forms of protection: state and non-state. The author notes the legal uncertainty regarding the content of the right to a healthy environment, which complicates its protection. The positions of scientists who consider the right to a favorable environment in a narrow and broad sense are analyzed. Attention is drawn to the fact that the mechanism for protecting the right and the content of the right to a favorable environment are in organic unity and thus in the aggregate affect the formation of forms and methods of protecting the right to a favorable environment by a person. In conclusion, the author formulates the conclusions of the study, relying not only on the current legislation of the Russian Federation, but also on the established judicial practice, as well as on the scientific dogmas of Russian scientists in the field under study.

FEATURES OF REALIZATION OF CITIZENS’ RIGHTS TO A HEALTHY ENVIRONMENT IN THE RUSSIAN FEDERATION AND INDIA: A COMPARATIVE LEGAL ANALYSIS

Journal of Foreign Legislation and Comparative Law ◽

10.12737/18195 ◽

2016 ◽

Vol 2 (1) ◽

pp. 0-0

Author(s):

Екатерина Белокрылова ◽

Ekaterina Belokrylova ◽

Екатерина Кологерманская ◽

Ekaterina Kologermanskaya

Keyword(s):

Russian Federation ◽

Special Role ◽

Legal Analysis ◽

Public Authorities ◽

Healthy Environment ◽

The Status ◽

The Russian Federation ◽

Object Of Study ◽

The Right ◽

Legal Methodology

The article describes the role and importance of comparative legal research methodology on the example of the institute of the right to a healthy environment and ways to protect it in the Russian Federation and India. The works of leading legal scholars who have made a significant contribution to the development of modern comparative law are analyzes. The provisions of the Constitution of the Russian Federation and India, enshrining the right to a healthy environment are studied by the authors. The status of the public authorities involved in the process of protection of the right to a healthy environment in Russia and India is analyzed. The special role of the judiciary in the legislative branch of government, as well as the value of judgments in the environmental legislation of India is emphasized. Common and distinctive features of legal principles aimed at protecting the environment in the Russian Federation and India are allocated. The authors conclude that, with respect to the object of study, the use of comparative legal methodology makes it possible to identify the characteristics and the basic directions of the development of the right to a healthy environment in Russia and India, in addition, the possibility of a holistic disclose of major institutions in various aspects and application of experience in different areas of the right to a healthy environment for its further improvement is appeared.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

Sociopolitical sciences ◽

10.33693/2223-0092-2020-10-1-28-32 ◽

2020 ◽

Vol 10 (1) ◽

pp. 28-32

Keyword(s):

Comparative Analysis ◽

Death Penalty ◽

Russian Federation ◽

Practical Implementation ◽

Right To Life ◽

Human Right ◽

The Russian Federation ◽

The Republic ◽

The Right ◽

Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

THE CONSTITUTIONAL RIGHT TO A HEALTHY ENVIRONMENT

Juvenis scientia ◽

10.32415/jscientia.2018.08.04 ◽

2018 ◽

pp. 17-21

Author(s):

M.N. Rudman

Keyword(s):

Russian Federation ◽

Constitutional Law ◽

Environment Analysis ◽

Healthy Environment ◽

The Russian Federation ◽

Constitutional Right ◽

The Right ◽

Legal Mechanism

The article reveals the content of the constitutional right to a healthy environment. Analysis of economic and international legal factors in the formation of the modern institution of the right to a healthy environment in the Constitution of the Russian Federation is supplemented with the characteristic of process of formation of this law in Soviet constitutional law. Characterized by a legal mechanism of realization of the right to a healthy environment in the modern legislation of the Russian Federation.

PECULIAR DETAILS OF FOREIGN CITIZENS STAYING ON THE TERRITORY OF THE RUSSIAN FEDERATION

INDIVIDUAL. SOCIETY. STATE. Proceedings of the International Student and Teacher Scientific and Practical Conference ◽

10.17770/iss2019.5275 ◽

2019 ◽

pp. 121

Author(s):

Alexandra Borimecicova

Keyword(s):

Russian Federation ◽

Labor Relations ◽

Migration Policy ◽

Legal Analysis ◽

Distinctive Features ◽

Work Permit ◽

Right To Work ◽

The Status ◽

The Russian Federation ◽

The Right

The article considers the peculiarities of foreign citizens stay on the Russian Federation territory. The rights and freedoms of foreigners guaranteed by the Constitution of the Russian Federation and other laws are reviewed and examined. The article provides a comparative legal analysis of the status and rights of both the Russian Federation citizen and a foreign citizen residing in the territory of this state. Common and distinctive features of these two categories are specified. The matters of employment of foreign citizens and restrictions on the rights to participate in labor relations, which is due to the fact that non-citizens have the right to work only if they have a work permit, are also considered. In its turn, the component of migration policy is revealed, that is, the problem of expulsion and deportation of a foreign citizen from the Russian Federation is touched upon. Administrative expulsion and deportation of foreign citizens from the Russian Federation is a form of state activity that regulates relations with foreign citizens and is aimed to protect the State border.

To the Question of Private Ownership of Agricultural Land in Russia and Kazakhstan: Comparative and Legal Analysis

Journal of Russian Law ◽

10.12737/11744 ◽

2015 ◽

Vol 3 (7) ◽

pp. 0-0

Author(s):

Алмагуль Дюсюпова ◽

Almagul Dyusyupova

Keyword(s):

Russian Federation ◽

Agricultural Land ◽

Scientific Article ◽

Private Ownership ◽

Legal Analysis ◽

Theoretical Understanding ◽

The Russian Federation ◽

The Republic ◽

Economic Perspectives ◽

The Right

Socio-economic nature and legal content of private ownership of agricultural land in the Russian Federation and the Republic of Kazakhstan have accumulated new features that have not yet received sufficient theoretical understanding, scientific analysis and cross-light. This scientific article deals with the right of private ownership of agricultural land under the laws of Russia and Kazakhstan. The article describes the formation and development of the institution of private ownership of land in the Russian Federation and the Republic of Kazakhstan from the philosophical, historical, legal and economic perspectives. The author determines the legal essence, the characteristics and features of private ownership of agricultural land under the new economic conditions in the competitive environment. The author makes an attempt to understand the formation and development of this institution at the present stage of the development of our society.

The “Bolotnoe Affair” and the Implementation of the Right to Freedom of Assembly in the Russian Federation

Review of Central and East European Law ◽

10.1163/15730352-04103006 ◽

2016 ◽

Vol 41 (3-4) ◽

pp. 396-426

Author(s):

Mariya Riekkinen

Keyword(s):

Human Rights ◽

Russian Federation ◽

European Convention ◽

Court Cases ◽

Legal Analysis ◽

Parliamentary Elections ◽

European Court ◽

Moscow City ◽

The Russian Federation ◽

The Right

A series of protests across Russia, triggered by procedural violations during the 2011 parliamentary elections and results of the 2012 presidential elections, culminated on 6 May 2012 with a demonstration at Bolotnaia Square in Moscow. That demonstration led to violent clashes between protesters and the police. The dispersal of this demonstration and the subsequent criminal and administrative trials conducted against some of the protesters, as well as the controversy regarding the severity of some of the penalties imposed by the courts, became known as the Bolotnoe Affair. The Bolotnoe Affair is analyzed from the perspective of implementing the right to freedom of assembly in Russia. The main goal is to conduct a contextual legal analysis clarifying whether the right to freedom of assembly is adequately implemented in the legal order of the Russian Federation, in order to illustrate whether the protesters in the Bolotnoe Affair were able to express their opinions with regard to the procedure and results of the elections. The leading court cases relevant to the participatory rights of the protesters as exemplified by the appellate decisions of the Moscow City Court will also be examined. In particular, twelve decisions of the Moscow City Court during the period 2012–2014 (full texts of which are reproduced in publicly available legal databases) are reviewed, as well as two recent judgments in European Court of Human Rights (ECtHR) cases closely related to these earlier cases. Analyzing the Moscow City Court decisions vis-à-vis the judgments of the ECtHR, the author concludes that the Moscow City Court’s rulings did not conform with the provisions of the European Convention on Human Rights (echr) regarding the right to freedom of assembly and the right to liberty.

Simulated Legal Phenomena in the System of Principles of the Administrative Process

Siberian Law Review ◽

10.19073/2658-7602-2021-18-2-175-191 ◽

2021 ◽

Vol 18 (2) ◽

pp. 175-191

Author(s):

D. A. Kirillov

Keyword(s):

Russian Federation ◽

Criminal Responsibility ◽

Presumption Of Innocence ◽

Legal Analysis ◽

Negative Consequences ◽

Administrative Process ◽

The Russian Federation ◽

The Individual ◽

The Right ◽

Principle Of Legality

With the inclusion of the category “simulation” in the Code of the Russian Federation on Administrative Offences an interest arose in studying “simulation” in the system of principles of the administrative process. The purpose of the study is to formulate general recommendations for neutralizing the negative consequences of manifestations of feign in the system of principles of the administrative process. The methodological basis of the research is materialistic dialectics and elements of conceptual analysis. The methods of analogy and generalization allow us to justify the use of the construction of “simulated legal phenomenon” for the study of the principles of the administrative process. The survey revealed obstacles to the implementation of certain aspects of the presumption of innocence. The comparative legal analysis allows us to establish the comparability of the volumes of state repression in the measures of administrative and criminal responsibility, a clearly negative assessment of simulation in administrative law compared to its neutral assessment in civil law, to identify a number of obstacles to the functioning of the principles of the administrative process. Other standard research methods are also used. The expediency of analyzing the simulation of the system of principles of the administrative process is justified; a simplified model of the system of principles of the administrative process is used for the analysis; from the standpoint of assessing legal simulation, the analysis of the principle of legality, the principle of procedural equality, the principle of guilt, the principle of presumption of innocence, as well as the principle of respect for the honor and dignity of the individual was carried out. In order to reduce the level of obvious simulation in the system of principles of the administrative process, in particular, it is recommended: in the doctrine of the administrative process to consider the principle of legality not as a reality, but as a goal; in the laws, replace the term “legality” with the term “lawfulness”; in the laws, the wording “the principle of equality before the law” and the like should be replaced with “the principle of equality of rights”; part 1 of Article 1.5 of the Code of the Russian Federation on Administrative Offences should be amended as follows: “a person is subject to administrative responsibility only for those socially harmful actions (acts of inaction) in respect of which his guilt is established”; part 3 of Article 1.5 of the Code of the Russian Federation on Administrative Offences after the words: “...is not obliged to prove his innocence” should be supplemented with the words “but has the right to disagree with all or part of the arguments confirming his guilt, or to refute them”. It is also recommended to amend the legislation in order to unify the approach to the differentiation of administrative offenses and crimes.

The problem of unreliability of information in the system of compulsory medical insurance in the context of the implementation of the constitutional right to free medical care

Izvestiya of Saratov University New Series Series Economics Management Law ◽

10.18500/1994-2540-2021-21-2-206-214 ◽

2021 ◽

Vol 21 (2) ◽

pp. 206-214

Author(s):

Veronika A. Fadeeva ◽

Keyword(s):

Medical Care ◽

Russian Federation ◽

Medical Insurance ◽

Relevant Information ◽

Medical Services ◽

Legal Analysis ◽

The Russian Federation ◽

Constitutional Right ◽

The Right ◽

The Cost

Introduction. The addition of the section “Information on the cost of medical services rendered” to “Public Services”, the state information system, allowed the citizens of the Russian Federation to receive relevant information promptly. This possibility soon exacerbated the problem of unreliability of information about the medical services provided to the insured persons under compulsory medical insurance. The article defends a position based on the legal analysis of the legislation of the Russian Federation in the sphere of compulsory medical insurance. According to this position, the problem can be overcome by appropriate changes in the regulatory documents governing the control powers of the territorial funds of compulsory medical insurance, health insurance organizations. Theoretical analysis. The right to reliable information is enshrined in a number of regulatory legal acts of the Russian Federation, the analysis of which allows us to investigate the problem of unreliability of information in the system of compulsory medical insurance (“medical prescriptions”). Empirical analysis. Identification of unreliability of information about the provided medical services can be carried out both by the insured persons under compulsory medical insurance and through the control of the competent authorities. In this regard, the article analyzes the control powers of the territorial funds of compulsory medical insurance, medical insurance organizations. Results. The result of the author’s analysis of the problem of unreliability of information in the system of compulsory medical insurance (“medical attributions”) is a proposal to improve the procedure for organizing and monitoring the volume, timing, quality and conditions of providing medical care for compulsory medical insurance.

Usufruct Law: Origins, Comparative Legal Analysis and Prospects of the Development in Russia

Вестник Пермского университета Юридические науки ◽

10.17072/1995-4190-2021-52-321-345 ◽

2021 ◽

pp. 321-345

Author(s):

L. V. Shchennikova ◽

◽

A. Yu. Migacheva ◽

Keyword(s):

Russian Federation ◽

Agricultural Land ◽

Social Issues ◽

Negative Impact ◽

Economic Effect ◽

Civil Code ◽

Legal Analysis ◽

Non Profit ◽

The Russian Federation ◽

The Right

Introduction: the reform of modern civil legislation cannot be completed without the adoption of a package of amendments to the section of the Civil Code of the Russian Federation devoted to real rights. Moreover, the lack of a developed and consistent concept of real rights has a negative impact on the development of all related areas. Real rights are designed to solve strategic problems of state development, among which social issues are currently coming to the fore. In this regard, it is important to study individual real rights proposed for introduction into civil legislation in terms of their potential to promote not only the economic but also the social development of the country. This paper focuses on usufruct in the aspect of its historical identity, powerful functional message, and internationality. Purpose: the research aims to clarify the significance of real law[1] regulation in solving nationally significant problems. Based on the achievements of foreign doctrine and legislation, we attempt to show the prospects of the introduction of usufruct in the Russian system of real rights. Methods: general (philosophical), general scientific, special scientific (including special legal) methods of cognition: dialectical, logical, historical, sociological, comparative-legal and formal-legal. Results: we have studied civil legislation of thirty countries of the world. The study has shown that the introduction of usufruct can have a positive social and economic effect, but only provided that the legislator does not deviate from the historically established concept of usufruct embodied in foreign law. Conclusions:the Draft of Section II of the Civil Code of the Russian Federation ‘Real Rights’ needs revision, with the initial social function of usufruct taken into consideration. It is necessary to work out a system of grounds for the emergence and termination of usufructuary rights, to introduce a mandatory notarial form of a contract for the establishment of usufruct, to provide for the possibility of establishing usufruct by virtue of law in relation to socially significant objects and on the basis of a court decision, to enshrine non-use of the right among the grounds for termination; to allow the establishment of usufruct in relation to citizens and legal entities, and not only non-profit organizations; to allow multiple usufructuaries; to describe in detail the rights and obligations of the owner and the usufructuary, including the duties of treating the property with care, and to indicate the possible limits of the disposal of the property by the usufructuary, including via transactions; to work out the rules for the exercise of the right of usufruct in relation to certain categories of objects, for example: property of minors, inheritance, agricultural land, forests, minerals, etc.