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”.

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 ROLE OF THE JUDICIARY IN THE CONSTITUTIONAL AND LEGAL MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS

2018 ◽  
Author(s):  
Mariana Khmyz ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal Aspect ◽  
Legal Protection ◽  
The State ◽  
Time Dynamic ◽  
Protection Of Human Rights ◽  
The Law ◽  
Judicial Protection

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.

On the question about opposition to the information component aggression of the Russian Federation

2021 ◽  
pp. 59-63
Author(s):  
O. Vasylchenko
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
State Committee ◽  
The State ◽  
Political Rights ◽  
The Media ◽  
The Russian Federation ◽  
The Law

Ukrainian law guarantees freedom of speech and expression. This is in line with international and regional instruments (Convention for the Protection of Human Rights and Fundamental Freedoms, International Covenant on Civil and Political Rights, Declaration of Human Rights) to which Ukraine is a party. Unfortunately, Ukraine is no exception, due to the conflict with the Russian Federation. The Revolution of Dignity of 2014 and the subsequent illegal activities of the neighbouring state (annexation of Crimea, occupation of the territories in the South-East of Ukraine) affected the legislative and regulatory framework of Ukraine regarding freedom of speech and freedom of expression. In order to counter aggression, the state has adopted a number of laws aimed at counteracting foreign interference in broadcasting and ensuring Ukraine’s information sovereignty. The implementation of these laws has been criticized for being seen by NGOs as imposing restrictions on freedom of expression and expression. However, censorship and selfcensorship create another serious restriction on freedom of speech and the press. The Law on Transparency of Mass Media Ownership, adopted in 2015, provides for the disclosure of information on the owners of final beneficiaries (controllers), and in their absence – on all owners and members of a broadcasting organization or service provider. In 2019, Ukraine adopted a law on strengthening the role of the Ukrainian language as the state language, which provides for language quotas for the media. According to the Law on Language, only 10% of total film adaptations can be in a language other than Ukrainian. Ukraine has adopted several laws in the field of information management to counter foreign influence and propaganda. According to the report of the Organization for Security and Cooperation in Europe, for the period from January 1, 2017 to February 14, 2018, the State Committee banned 30 books published in the Russian Federation. Thus, for the first time faced with the need to wage an “invisible” war on the information front, Ukraine was forced to take seriously the regulation of the media and the market. By imposing a number of restrictions on a product that can shake sovereignty and increase the authority of the aggressor in the eyes of citizens, the legislator, guided by the needs of society, also contributes to the promotion of Ukrainian (for example, by introducing quotas).

scholarly journals Unrestricted (absolute) rights and freedoms of man and citizen in the Constitution of the Russian Federation of 1993 and international acts

2019 ◽  
Vol 2019 (4) ◽  
pp. 69-75
Author(s):  
Aleksandr Podmarev
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Religious Affiliation ◽  
International Standards ◽  
Constitutional Court ◽  
Federal Law ◽  
The Russian Federation ◽  
The Individual

The 1993 Constitution of the Russian Federation as one of the principles of the legal status of an individual establishes the possibility of restricting human and civil rights and freedoms, while also providing for the necessary conditions for imposing such restrictions (the existence of a constitutional goal of restriction; setting restrictions only by federal law; proportionality; compliance with international standards of restrictions; prohibition restrictions on rights based on social, racial, national, linguistic or religious affiliation). The need for the existence of restrictions on the rights and freedoms of the individual is due to various reasons: the protection of the foundations of the constitutional order, the rights and freedoms of other persons, and the interests of the state. However, certain human rights and freedoms cannot be restricted under any circumstances; this so-called absolute rights and freedoms. But neither national legislation nor international law contain a precisely defined list of absolute rights and freedoms. The aim of the article is to identify in the Constitution of the Russian Federation of 1993 and in international acts unrestricted (absolute) rights and freedoms of a person and citizen. The relevance of the research topic for the Russian constitutional legal science is due to the fact that certainty in the understanding of the list of unrestricted rights and freedoms is necessary for the improvement of lawmaking and law enforcement activities. The article examines the provisions of the Constitution of Russia, the main international legal acts on human rights, the legal positions of the Constitutional Court of the Russian Federation.

scholarly journals DIGITAL CURRENCY AS A SUBJECT OF CRIME AND A MEANS OF COMMITTING CRIMES

2021 ◽  
pp. 5-8
Author(s):  
A.A. Korennaya
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Federal Law ◽  
Digital Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Official Recognition

In this article, the author examines the issues of the criminal legal status of digital currency as an objectand as a means of committing a crime. In 2020, a special Federal law was adopted defining the legal status ofdigital assets, as well as amendments were made to the Civil Code of the Russian Federation concerning theestablishment of the legal status of cryptocurrency or digital currency in the terminology of these regulationsas an object of civil rights. Significant changes in the civil legal regulation of cryptocurrencies have led to achange in approaches to assessing the criminal legal status of virtual money. In particular, the recognitionof digital currency by other property has allowed solving a number of qualification issues, but until now,criminal law is very cautious about the official recognition of cryptocurrency as the subject of a crime. Theauthor of the work offers options for the qualification of crimes committed using digital currency, in theabsence of changes in the criminal law and explanations of the Highest Court.

scholarly journals Constitutional status of federal territories in Russia: theoretical foundations of legislative regulation

2021 ◽  
Vol 5 (1) ◽  
pp. 124-140
Author(s):  
N. V. Vasilieva ◽  
S. V. Praskova ◽  
Yu. V. Pyatkovskaya
Keyword(s):  
Russian Federation ◽  
Complex Analysis ◽  
The State ◽  
Constitutional Court ◽  
Federal Law ◽  
The Status ◽  
Russian Constitution ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the study is the constitutional concept of federal territories in Russia. The purpose of the article is to confirm or disprove hypothesis that constitutional status of federal territories in Russia consists of system of elements and identify such elements. The authors use the method of formal legal interpretation of Russian Constitution, the methods of comparative constitutional law, complex analysis, systemic interpretation of Russian laws and drafts of laws. The main results of research, scope of application. When making an amendment to part 1 of Article 67 of the Constitution of the Russian Federation, the content of this innovation was not disclosed. Therefore the federal law on federal territories will be of decisive importance. The authors define the constitutional characteristics of the federal territories based on the literal content of the constitutional norm and the conclusion of the Constitutional Court of the Russian Federation. The federal territory is an element of the state territory that is not a subject of the federal structure and has a status different from the status of the constituent entities of the Russian Federation. There are specific features of the organization of public power in federal territory. The authors’ vision of the content of each of the elements of the federal territories is presented. It is noted that the defining element of the status of federal territories will be the purpose of their creation. The authors propose a conceptual division of federal territories in Russia into two types: inhabited and uninhabited. It is stated that at the moment, the status elements can be clearly defined only in relation to uninhabited federal territories. The formation of the concept of inhabited federal territories will depend on definition of the purpose of their creation. Conclusions. It is proposed to consider the elements of the status of federal territories in Russia, based on the elements of the status of the subject of the Russian Federation, and in comparison with them. Such elements are: territory, population, subjects of jurisdiction, responsibilities, state power organization, property and budget, system of taxes and fees, names and symbols, population’s role in the state affairs management.

scholarly journals PRESIDENTIAL CONTROL OVER OPERATIONS OF THE FEDERAL SECURITY SERVICE OF RUSSIA

2020 ◽  
Vol 11 ◽  
pp. 58-62
Author(s):  
Anatoliy M. Tarasov ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
State Control ◽  
Federal Law ◽  
Criminal Intelligence ◽  
Security Service ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The relevant and innovative character of the subject of Presidential Control over Operations of the Federal Security Service of Russia is confirmed by the absence of separate research on this topic and the status of the Federal Security Service of Russia established to ensure security, carry out various types of law enforcement operations, in particular, such as criminal intelligence and surveillance, pre-trial investigation, interrogation, where human and civil rights and freedoms may be violated, and the guarantor of human and civil rights and freedoms is the President of the Russian Federation pursuant to Article 80 of the Constitution of the Russian Federation. The relevance of this subject is also proven by the absence of any federal law on the state control over operations of state authorities including law enforcement ones and the failure to establish the limits (scope) of the presidential control over operations of the Federal Security Service of Russia in statutory acts. The fact that the aims of the presidential control are not only identification of deviations in operations of the Federal Security Service but also the prevention of such deviations in the future raises the importance of this issue. In view of the above, the presidential control is a mechanism of positive, preventive and efficient influence on organizational and practical activities of authorities of the Federal Security Service of Russia.

Legal doctrine as a source (form) of Russian law

2019 ◽  
Author(s):  
Александр Чашин ◽  
Aleksandr Chashin
Keyword(s):  
Functional Analysis ◽  
Russian Federation ◽  
Federal Law ◽  
Legal Doctrine ◽  
Philosophical Foundations ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law ◽  
Source Form

The monograph contains a holistic presentation of the problems associated with the domestic legal doctrine when it is considered as a source (form) of law. The author solves a number of theoretical and applied problems relevant to academic jurisprudence. Application of functional analysis has allowed the author to conclusively prove the capacity of legal doctrine to fulfill the role of full-fledged source (form) rights in the legal sphere of the States – participants of the CIS. Having considered the philosophical foundations of the form and content of law, the author defines the forms of legal doctrine. At the same time, an attempt is made to introduce the term "hypostasis of legal doctrine"into scientific circulation. Part of the monograph is devoted to the development of proposals on the rules of subsidiary use of legal doctrine by the courts in the silence of the law, as well as the precedent in the silence of the doctrine. As an application, the monograph is provided with a draft Federal law"on The legal doctrine of the Russian Federation".

Legal Status of Оbjects of Religious Purpose and Their Property in Prism of Securty Law

2020 ◽  
pp. 211-222
Author(s):  
Александр Сергеевич Якунин
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
The State ◽  
Religious Organizations ◽  
Religious Organization ◽  
Federal Law ◽  
Property Relations ◽  
The Russian Federation ◽  
The Law ◽  
Special Rights

Статья раскрывает правовые возможности, условия и основания возвращения имущества религиозного назначения религиозным организациям, находящегося в государственной собственности в пространстве юридического законодательства РФ. Наиболее перспективный и быстрый путь получения информации о проблемах в области передачи имущества религиозного назначения - это изучение законодательства Российской Федерации о правовом положении имущества религиозного назначения. А именно Федерального закона от 30.11.2010 № 327¬ФЗ «О передаче религиозным организациям имущества религиозного назначения, находящегося в государственной или муниципальной собственности». Данный закон предоставил особенные права религиозным организациям в сфере имущественных отношений. Практика применения данного Федерального закона накоплена и составляет на сегодняшний день 10 лет. И даже сегодня органы власти сталкиваются с религиозными организациями по многим трудноразрешимым вопросам при реализации предоставленных прав Федеральным законом № 327¬ФЗ от 30.11.2010 «О передаче религиозным организациям имущества религиозного назначения, находящегося в государственной или муниципальной собственности». Анализ данного законопроекта может дать подробную информацию по рассматриваемой теме. Какое имущество относится к имуществу религиозного назначения? Какие основные проблемы в реализации законодательства о передаче религиозным организациям имущества религиозного назначения? Какие основные критерии отказа в передаче религиозной организации имущества в собственность или в безвозмездное пользование? В данной статье будет предпринята попытка ответить на эти и другие вопросы. The article reveals the legal possibilities, conditions and bases for the return of religious property, which isowned by the state and subjected to the jurisdiction of the Russian Federationto religious organizations. The most promising and quick way to get information about the problems of the transfer of religious property is studying the legislation of the Russian Federation concerning the legal status of religious property owned by the state or municipality, specifical ly the Federal law № 327FZ of 30.11.2010 «About thetransfer of state or municipal property for religious purposes to religious organizations». This law grants special rights to religious organi zations in the sphere of property relations. There have been many cases of applying this Federal law, which is currently 10 years old. But until now the state authorities have facedmany difficult is sues with religious organizations, trying to implement the rights granted by Federal law № 327FZ of 30.11.2010 «About the transfer of state or municipal property for religious purposes to reli gious organizations». An analysis of this draft law can provide detailed information about the top ic in question. What property is classified as religious property? What are the main problems im plementing the law of the transfer of religious property to religious organizations? What are the main criteria for refusing such transfer of property for ownership or gratuitous use to a religious organization? This article attempts to answer these and other questions.

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