LEGISLATIVE REGULATION OF SELF-DEFENSE OF HUMAN RIGHTS AND CITIZENS AND LEGAL INTERESTS

2020 ◽  
Vol 10 (2) ◽  
pp. 123-127
Author(s):  
SOSLAN RAMONOV ◽  
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Russian Federation ◽  
Legal Rights ◽  
Scientific Article ◽  
Legitimate Interest ◽  
Self Defense ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
Constitutional Right

The scientific article briefly analyzes in a historical retrospective the issues of the formation and development of the institution of self-defense of rights and legitimate interests, starting with the Digest of Justinian and ending with today. The emphasis in the article is made on the need to study the issues of self-defense of the legitimate interests of citizens, as a little-explored side of this institution. At present, it seems important and timely to distinguish between subjective law and legitimate interest in the framework of the study of the constitutional right to self-defense. In addition, the article touches upon the problems of improving the institution of self-defense of rights and legitimate interests in the framework of out-of-court dispute resolution. The author makes a proposal to amend the article 12 of the Civil Code of the Russian Federation related to the protection of both legal rights and legitimate interests.

CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Educational Institutions ◽  
Scientific Article ◽  
Teaching Staff ◽  
Self Defense ◽  
Special Part ◽  
The Russian Federation ◽  
Legislative Activities

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.

scholarly journals RUSSIAN COURT OF HUMAN RIGHTS: REAL NEED OR UNNECESSARY JUDICIAL AUTHORITY

2021 ◽  
pp. 17-22
Author(s):  
В.А. Винокуров
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
Round Table ◽  
Judicial System ◽  
Legal Basis ◽  
The Public ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
State Body

Через призму обязанности государства соблюдать и защищать права и свободы человека и гражданина в Российской Федерации в статье рассматриваются правовые основы возможности образования нового суда – российского суда по правам человека. Рассмотрены существующие нормативные правовые акты, устанавливающие порядок осуществления защиты органами судебной власти прав и законных интересов граждан страны и иных лиц, проживающих в России. Использованы мнения членов Совета при Президенте Российской Федерации по развитию гражданского общества и правам человека, а также участников «круглого стола», проведенного в Общественной палате Российской Федерации и посвященного вопросам создания российского суда по правам человека. По итогам проведенного анализа сделан вывод, из которого следует, что вместо создания очередного государственного органа судебной власти следует наладить эффективную работу существующей судебной системы, для чего сформулированы конкретные предложения. Through the prism of the state's obligation to respect and protect human and civil rights and freedoms in the Russian Federation, the article examines the legal basis for the possibility of forming a new court – the Russian Court of Human Rights. The existing normative legal acts establishing the procedure for the protection of the rights and legitimate interests of citizens of the country and other persons residing in Russia by the judicial authorities are considered. The opinions of the members of the Presidential Council for the Development of Civil Society and Human Rights, as well as the participants of the "round table" held in the Public Chamber of the Russian Federation on the establishment of the Russian Court of Human Rights were used. Based on the results of the analysis, it is concluded that instead of creating another state body of judicial power, it is necessary to establish the effective functioning of the existing judicial system, for which specific proposals are formulated.

scholarly journals Features of Implementation and Protection of Human Rights in the Library Sphere of the Russian Federation: Experience of the First Review

2018 ◽  
Vol 67 (5) ◽  
pp. 589-599 ◽  
Author(s):  
Sergey A. Basov
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Cultural Values ◽  
Russian Federation ◽  
Cultural Policy ◽  
Research Work ◽  
Round Table ◽  
Legal Rights ◽  
National Library ◽  
The Russian Federation

On October 18, 2018, the National Library Russia (NLR) hosted the Round table “Implementation of citizens’ rights to library services” within the framework of the visiting Session of the Presidential Council for Civil Society and Human Rights. The discussion of library issues in the human rights context, initiated by the NLR, was held for the first time. The participants of the meeting considered the activities of libraries and their founding parties - government authorities - on ensuring the legal rights of citizens to access to culture and information. The topics of discussion included the implementation of cultural policy, library legislation, normative standards of library allocation, physical and information availability of libraries and library collections, the problem of access to online electronic resources and the organization of services for special groups of readers. The article uses the materials of the annual monitoring of the National Library of Russia, the reports (presentations) of the central libraries of the subjects of the Russian Federation, placed in the open database, formed in the framework of the research work of the NLR “Actual problems of transformation of the regional library systems in the information society” (http://clrf.nlr.ru/). The author presents the opinions of specialists from the libraries of St. Petersburg, the Leningrad and Pskov regions, as well as the members of the Presidential Council for Civil Society and Human Rights. Based on the presented views and factual data, the author concludes that libraries do not practically analyse their activities from the human rights perspective, and the state library policy does not fully contribute to the activities of public libraries to ensure the constitutional rights of citizens to use cultural institutions and to have access to cultural values and information of the Russian Federation.

scholarly journals Is It Needed to Criminalize Abuses in the Field of International Sports?

2018 ◽  
Vol 5 (1) ◽  
pp. 102-114
Author(s):  
S V Maksimov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Code ◽  
Political Rights ◽  
State Sector ◽  
Administrative Functions ◽  
Legitimate Interest ◽  
Legitimate Interests ◽  
The Russian Federation

In the article, a thorough analysis of legislation in the sphere of sport regulation is carried out; The status of the organizers of international official sports competitions is explored in detail. Particular attention is paid to the IOC. The author broadly describes the structure of the IOC administration, the powers of the IOC governing bodies, addresses the issue of the fairness of IOC referring to non-profit organizations, indicating high profitability from international Olympic activities, as well as sole ownership and disposal of the Olympic property. Attention is also drawn to the specific status of the IOC as a pseudo-judicial body.Further in the article questions of a legal status of participants of the legal relations arising in connection with carrying out of the official international sports competitions are mentioned. It is concluded that the provisions of the Olympic Charter contradict the UN International Covenant on Civil and Political Rights of 1966, which prohibits any discrimination on any grounds. The deprivation of the citizen’s right to know about the reasons for the refusal to realize the legitimate interest, in the author’s opinion, is a specific form of abuse of the law.The problem of criminal liability for abuse of persons performing administrative functions in international organizations, in the sphere of organizing and organizing international sports competitions is raised. It is proved that the current Criminal Code of the Russian Federation and its art. 184, 201, 230.1, 230.2 do not fully protect the rights and legitimate interests of stakeholders, which is also confirmed by the fact that the extent of the practice of applying these prohibitions does not ref lect the actual extent of the problem. The author analyzes the current criminal legislation of the Russian Federation on the responsibility for the abuse of persons performing managerial functions in the non- state sector (including in the sphere of organizing and holding international sports competitions), and the practice of its application; shows that the relevant legislation does not provide for the purposeful prevention and suppression of socially dangerous actions of persons exercising authority in the sphere of organizing and conducting international sports competitions in sports, for abuses that are associated with violation of the rules established by the regulations (charters) of such organizations, as well as with use of their powers in violation of the principles of international law, which caused significant harm to the rights and legitimate interests of the athlete new and teams of athletes, organizations, law-protected interests of the state. In this regard, it is proposed to supplement the Criminal Code with a new article 201.3 «Abuse of powers in the organization and conduct of official international sports competitions».

scholarly journals The Commissioner for human rights and his role in the protection of rights and freedoms

2021 ◽  
Vol 39 (3) ◽  
pp. 44-46
Author(s):  
A. Ch. Chupanova ◽  
◽  
K. A. Koymurzayeva ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Russian Federation ◽  
Legal Status ◽  
The Rule Of Law ◽  
Democratic State ◽  
State And Society ◽  
Legitimate Interests ◽  
The Russian Federation

This article is devoted to the study of the place and role of the Commissioner for Human Rights in the system of state authorities of the Russian Federation. It also analyzes its special legal status, effectiveness in exercising control over the observance of legitimate interests and restoration of violated rights, current problems of the development of the institution of the Commissioner for Human Rights and measures to resolve them, and provides statistical data. The Commissioner is a special specialized state body with independence and autonomy. It is a connecting element between the state and society and one of the main features of a democratic state governed by the rule of law. The relevance of the topic under study is due to the importance and necessity of protecting human rights and freedoms associated with the formation and development of public life, the construction of the rule of law and civil society. The scientific novelty consists in the study of the problems of the functioning of the institution of the Commissioner for Human Rights in the Russian Federation and the development of proposals for their resolution.

scholarly journals Legal Certainty as the Basis of Criminal Proceedings: From Theory to Legislation Improvement

2021 ◽  
Vol 16 (8) ◽  
pp. 129-140
Author(s):  
A. A. Usachev
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Procedural Law ◽  
Judicial Proceedings ◽  
Legitimate Interests ◽  
The Russian Federation

The paper is devoted to an important problem of legal certainty in the Russian criminal procedural law and the criminal procedural activity regulated by it in modern conditions. These are characterized, among other things, by the development of digital technologies, in the context of improving the legal (procedural) and organizational aspects of pre-trial and judicial proceedings. The author conducts an analysis of the decisions of the European Court of Human Rights, which considers the principle of legal certainty as inherent in the Convention for the Protection of Human Rights and Fundamental Freedoms and as one of the fundamental manifestations of the rule of law. The author studies legal positions of the Constitutional Court of the Russian Federation showing that legal uncertainty leads to arbitrariness; the principle of legal certainty is generally recognized and general legal; the need to ensure the operation of the analyzed principle in the Russian legal system follows from the international obligations of the Russian Federation. It is emphasized that both legal norms and law enforcement practice must meet the principle of legal certainty. Given the legal nature of criminal proceedings, objectively characterized by the possibility of restricting the rights and legitimate interests of individuals and legal entities, the widespread use of measures of state coercion, the author, in order to increase the efficiency of the activities of the participants in criminal proceedings endowed with powers of authority and the guarantee of the rights and legitimate interests of other participants in criminal proceedings, proposes to make additions to Art. 1 of the Criminal Procedure Code of the Russian Federation as the first step towards solving the problems of legal certainty of pre-trial and judicial proceedings in criminal proceedings.

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.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

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