scholarly journals Violations of the freedom of conscience in the Donbass

2016 ◽  
Vol 2 (19) ◽  
pp. 116-119
Author(s):  
Said Ismagilov
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Religious Rhetoric ◽  
Freedom Of Conscience ◽  
Intensive Use ◽  
The Russian Federation ◽  
The Right

After part of the territory of Donetsk and Lugansk regions in 2014 came under the control of separatist entities supported by the Russian Federation, the situation with respect for human rights and freedoms, including the right to freedom of conscience, became much more complicated. First of all, it can be noted that the beginning of repressions on a religious basis laid a wide and intensive use of religious rhetoric in mobilizing supporters of “L / DPR”, in connection with which believers of confessions and denominations considered harmful by Orthodox fundamentalists were systematic persecution and spontaneous acts of aggression.

Freedom of Conscience: Theory and Practice of Limitations of Rights in the Russian Federation

10.12737/1549 ◽  
2013 ◽  
Vol 1 (12) ◽  
pp. 65-74
Author(s):  
Елена Никитина ◽  
Elena Nikitina
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
Theory And Practice ◽  
Complete Theory ◽  
Freedom Of Conscience ◽  
The Russian Federation ◽  
The Right

In article some problems of formation of the complete theory of human rights in Russia, in particular the concept of restriction of the rights are considered; the main reasons influencing on realization of institute of constitutional human and civil rights and freedoms are revealed; various cases of illegal restriction of the human rights by the example of the right to freedom of worship and religion are considered.

scholarly journals The prosecutor’s office on the defense human and civil rights and freedoms in the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 87-92
Author(s):  
T. I. Otcheskaya
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
People’S Republic Of China ◽  
Labor Rights ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Right

The article is devoted to topical issues of protection of human and civil rights and freedoms by an important state body — the prosecutor’s offi ce in two states — the Russian Federation and the People’s Republic of China. The author investigated the issue of the formation of prosecutorial supervision in the European space in the mechanism of statehood on the example of the Russian Federation and in the Asian space on the example of the People’s Republic of China.At the same time, the approaches of the two states to the protection of human rights at the constitutional level, which are regulated by the Constitution of the PRC and the Constitution of the Russian Federation, have been studied. The achievements of the Russian prosecutor’s offi ce in protecting human and civil rights and freedoms, which are the responsibility of the state, including on issues of observance of the labor rights of citizens, the right of citizens to protect life and health, are consecrated.The state program of action in the fi eld of human rights adopted by the State Council of the People’s Republic of China has also been studied in detail. Achievements in the social sphere are shown, which are provided not only by the state, but also by the prosecutor’s offi ce. The approaches of legal science in the two states are consecrated not only in the regulation of human and civil rights and freedoms, but also in their provision.Based on the material studied, the author concluded that it is possible to use the positive experience of Russia and China, mutually in both states, in order to ensure the protection of human and civil rights and freedoms in each of them.

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

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.

scholarly journals Legal awareness and legal education as a form of implementation of legal initiative

2021 ◽  
Vol 9 (3) ◽  
pp. 1-5
Author(s):  
Aleksandr Red'ko
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Law Enforcement ◽  
Russian Federation ◽  
Legal Education ◽  
Modern Society ◽  
Objective Reality ◽  
The Russian Federation ◽  
Destructive Processes ◽  
The Right

The modern society of the Russian Federation is faced with the massive incompetence of specialists in various fields of activity and branches of knowledge. The situation reached such a climax that a person and a citizen began to be openly afraid to get sick, to turn to law enforcement or human rights bodies, to delve into the essence or content of laws in the event of any kind of tort. Setting ourselves the goal of understanding such destructive processes for the state, as well as the ways of their counteraction, we came to the conclusion that these phenomena of objective reality are associated with both external and internal causes, and one of the ways to eliminate them may be recognition and the development of the right of active citizens and civil society to legal initiative. Considering that the sphere of research interests was in the plane of law, it became possible to conduct a study in the field of legal awareness and legal education, which does not exclude the possibility of using the identified positive and negative aspects for other spheres of human and citizen's life.

scholarly journals Implementation of human rights in the context of COVID-19 pandemic

2021 ◽  
Vol 5 (3) ◽  
pp. 112-125
Author(s):  
N. R. Chebykina ◽  
K. A. Lyamina
Keyword(s):  
Human Rights ◽  
International Law ◽  
Russian Federation ◽  
Legal Basis ◽  
State Of Emergency ◽  
Freedom Of Movement ◽  
Emergency Situations ◽  
The Russian Federation ◽  
The Right ◽  
Emergency Measures

The subject of the article is the legal basis of human rights and freedoms, including their restriction as one of the aspects of the COVID-19 pandemic. The purpose of the research is to confirm or confute the hypothesis that the restriction of human rights in particular the right to life, the right to health and freedom of movement in Russia during COVID-19 pandemic is legally justified.The methodology of research includes the formal legal interpretation of legal acts as well as the comparative analysis of Russian and foreign legal literature. The authors analyze and interpret international law, including international treaties and the law of foreign states as well as law of the Russian Federation and the constituent entities of the Russian Federation.The main results. Restrictive measures of main human rights may lead to the violation of the constitutional rights and freedoms of citizens, and can also create conditions for abuse of authority while applying the rules governing the emergency situations. International human rights law allows the suspension of certain rights in an emergency that threatens the life of the nation. This can only be done in cases where the emergency has been officially declared, the adoption of emergency measures is caused by an urgent need in the current situation, does not contradict other obligations under international law, is limited in time and does not lead to discrimination. The provisions of the Russian Constitution provide criteria, which observance is mandatory when introducing restrictions on human and civil rights and freedoms. However, no state of emergency was introduced in the Russian Federation. The state has adopted the self-isolation regime that does not have sufficient legal regulation. It has created legal uncertainty. The legal basis of measures to restrict freedom of movement is questionable. It seems these measures go beyond the high-alert regime and require the adoption of regulations that meet the requirements of legislation in the field of emergency situations. The realization of the right to health requires a solution to the problem of coordinating the needs of other patients and patients with COVID-19.Conclusions. Based on the analysis of international law, the law of foreign states and lawmaking activities of state authorities of the Russian Federation in the context of the spread of coronavirus, the authors conclude that the created legal framework for regulating the current situation is characterized by inconsistency, lack of «transparency» and radicality. Unfortunately, the pandemic has shown that regulation in sphere of emergencies, as well as health care, was not fully prepared for active spread of coronovirus. It is necessary to ensure that all emergency measures, including the imposition of a state of emergency, are lawful, proportionate, necessary and non-discriminatory, with a specific purpose and duration.

scholarly journals LEGAL REGULATION OF RESTRICTIONS ON FREEDOM OF MOVEMENT DURING THE SPREAD OF COVID-19

2021 ◽  
Vol 7 (73) (1) ◽  
pp. 211-217
Author(s):  
E. V. Kazantseva
Keyword(s):  
Human Rights ◽  
Human Health ◽  
Russian Federation ◽  
Legal Regulation ◽  
National Legislation ◽  
Freedom Of Movement ◽  
Human Value ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Right

The article analyzes the norms of international and national legislation regulating the procedure for re-stricting the right of a person (a citizen of the Russian Federation and a foreign citizen) to freedom of movement and the grounds for such restriction. It is concluded that the restriction of human rights to freedom of movement is a consequence of the protection of the highest human value «the right to protect human health». Based on the study of legal acts of constituent entities of the Russian Federation with different names, such as «the emergency», «On the restriction of the right to freedom of movement and the introduction of high alert» and so on, taken to prevent the spread of coronavirus infection (2019-nCoV), the author points out the shortcomings of the highest officials of subjects of the Russian Federation in the preparation and adoption of legal acts, which restricted the right of citizens to freedom of movement on the territory of the Russian Federation.

scholarly journals Role of ombudsman institution in forming a culture of human rights

2021 ◽  
pp. 96-104
Author(s):  
E. M. Pavlenko
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Right To Know ◽  
High Commissioner ◽  
The Right To Know ◽  
The Russian Federation ◽  
The Right

The article considers the formation of a culture of human rights as a guarantee of constitutional norm on the highest value of a person, his/ her rights and freedoms. Considerable attention is paid to the activities of the High Commissioner for Human Rights in the Russian Federation in this direction, including those directed to ensuring the right to know one's rights. A number of proposals for the Commissioner's further work in this area have been formulated.

scholarly journals Legal Mechanisms of Ensuring Environmental Rights in the Implementation of Urban Planning: Theoretical and Practical Aspects

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 33-44 ◽  
Author(s):  
O. A. Romanova
Keyword(s):  
Human Rights ◽  
Urban Planning ◽  
Environmental Factors ◽  
Russian Federation ◽  
Legal Regulation ◽  
Town Planning ◽  
Environmental Rights ◽  
Territorial Planning ◽  
The Russian Federation ◽  
The Right

Adoption of environmentally unreasonable urban planning decisions leads to significant environmental problems in certain territories causing massive violations of the right of citizens to favorable environment as a result of deterioration of environment or certain natural objects. The author has investigated the legal mechanisms of ensuring environmental rights in the implementation of urban planning activities in the context of their effectiveness. The paper has demonstrated the connection between town-planning and relations regulated under environmental law, analyzed objective and subjective environmental factors of town-planning, elucidated the necessity of taking into account ecological factors at the stage of territorial planning, determined the place and importance of urban planning activities in the mechanism of ensuring environmental rights of the man and citizen.The author has examined constitutional foundations of ensuring environmental human rights in the implementation of urban planning activities, implementation of human rights in the principles of urban planning legislation. The author has determined an environmental component of the legal regulation of urban planning, the correlation between such basic concepts of town-planning and environmental legislation as “the right of citizens to a favorable environment,” “favorable conditions of life,” “sustainable development of territories.” The paper has also analyzed legal mechanisms enshrined in the Town Planning Code of the Russian Federation for the consideration of environmental factors and requirements in the process of territorial planning as a fundamental type of urban development at the stage of substantiation and preparation of draft documents of territorial planning of public entities of the Russian Federation and at the stage of coordination of projects between bodies of public administration and local self-government. The paper reveals a declarative and formal nature of the relevant procedures, substantiates the absence of effective legal mechanisms of taking into account environmental factors and requirements in the current town-planning legislation. The author suggests ways of improving the legal regulation of enforcement of environmental rights in the implementation of urban planning.

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