scholarly journals Creeping occupation of Georgian territories and Russian aggression against Georgians living in occupied territories

2021 ◽  
Vol 22 (1-2) ◽  
pp. 97-110
Author(s):  
Valery Modebadze

This article describes the creeping occupation of Georgian territories and Russian aggression against the local civilian population. It explains in detail how Russia violates international norms and rules and treats the civilian population in the occupied territories of Georgia. Since the occupation of the Georgian territories, Russia constantly discriminates against the local Georgian people and treats them very inhumanly. Many Georgian families were forced to abandon Abkhazia and South Ossetia due to this inhuman treatment. The legal status of Georgians living in the occupied territories considerably worsened after the Russian Federation signed a treaty on “alliance and strategic partnership” with Abkhazia and South Ossetia. As time passes, Russia is creating more obstacles and problems for local Georgian people and treats them very inhumanly. Georgians living in the occupied territories are deprived of all human rights and are treated as second-rate citizens by puppet regimes in Abkhazia and South Ossetia. Georgian people living close to the occupation line also face enormous problems due to the creeping annexation of Georgian territories. Russian Federation tries to expand the boundaries of South Ossetia at the expense of Georgian lands. As a result of this creeping occupation local Georgian people living close to the occupied territories constantly lose their vital agricultural lands, which are the only source of income for them.

Author(s):  
Aleksandr Podmarev

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.


2021 ◽  
Vol 244 ◽  
pp. 03006
Author(s):  
Irina Kustysheva ◽  
Anastasia Konyukhova

The article explores the question of the concept of inter-settlement territory. Such a territory, namely the concept of such a territory in the Russian Federation, appeared relatively recently. The authors studied the prospects for the development of settlements (urban, rural) through the use of the inter-settlement territory, which is mainly formed on agricultural lands. A generalized analysis of scientific methods and approaches of the organization of management in settlements and in inter-settlement territories are considered, the problems of using such a territory are identified and proposals are developed to solve the identified problems of the legal status of an inter-settlement territory.


Author(s):  
О. V. Kolesnikova

The paper has investigated the human rights activities of the State authorities of the constituent entities of the Russian Federation in the context of small indigenous peoples as persons having constitutional and legal status and a higher level of guarantees than ordinary citizens have because of their paucity. The author questions the independence of local laws from the State authorities of the constituent entities of Russian Federation using comparative analysis of regional laws of the Republics of Buryatia, Sakha (Yakutia), Kamchatka and Krasnoyarsk Regions with regard to appointment of ombudsmen to their offices, remuneration and financial support from regional budgets. The circumstances under consideration together with the lack of uniform approaches to the scope and nature of the functional instruments of authorized persons have served as the basis for the development of recommendations to coordinate their activities, to adjust the legal framework of the constituent entities of the Russian Federation in terms of requirements for applicants, and the scope of powers assigned to enforce human rights potential that are of practical importance and can be used by the authorities in in their rule-making work.


2019 ◽  
Vol 6 (1) ◽  
pp. 126-131
Author(s):  
Vladimir Alekseevich Jilkine

Readmission agreements are international obligations affecting substantially the rights and freedoms of individuals and citizens. The increase in the number of victims of terrorist acts and the flow of migrants to Europe have revealed the urgent need to build a new migration policy common for the whole of Europe and to strengthen the counter- terrorism cooperation of intelligence services, including between Western countries and Russia, along with realization of international commitments on readmission. The act of signing the Readmission agreement as well as the executive protocol on the order of implementation of this agreement by the Russian Federation and the European Community has become a significant step in developing the mechanisms to counteract illegal migration. The sources used in the article include the fundamental legal documents in the sphere of securing human rights, the decisions of the European Court of Human Rights, the European Union directives, the national legislative acts of the Russian Federation and Finland, the readmission agreements and executive protocols. The article highlights the legal and conceptual aspects of the readmission institute and the relevant international agreements. The author has undertaken the analysis of the Russian and Finnish legislation on readmission, has suggested recommendations for further improvement of the regulatory legal and organizational framework in this area for efficient implementation of readmission agreements concluded by the Russian Federation and the Republic of Finland, and at the same time, on the measures to respect human rights. Readmission, from the point of view of international practice, is only a technical mechanism used in realization of a decision to forcibly deport a foreign citizen or stateless person from the territory of a state. The world practice of combating illegal migration has shown high efficiency of readmission agreements making possible to deport migrants with unsettled legal status to the states of their citizenship or permanent residence within a limited time.


2020 ◽  
Vol 10 ◽  
pp. 76-80
Author(s):  
Dmitriy E. Gulyaev ◽  

The article analyzes the problems that are currently being actively discussed by state authorities in the implementation of human rights activities by the Ombudsman in the Russian Federation and ombudsmen in the subject of the Russian Federation. The article contains suggestions for solving the problem of the lack of legal mechanisms for the transfer of powers by ombudsmen to other representatives during inspections of complaints received from citizens of the Russian Federation. The results of the analysis of the legislation of foreign countries are presented, on the basis of which the model of a special official of the Ombudsman suitable for Russia is substantiated, which is designed to increase the effectiveness of human rights activities. It is proposed to establish at the federal level the Institute of Deputy Ombudsman and provide for the possibility of establishing such an institution at the level of subjects of the Russian Federation. Deputies will be elected respectively by the State Duma of the Federal Assembly of the Russian Federation and the legislative (representative) bodies of subjects of the Russian Federation and will have legal status similar to ombudsmen. In this regard, it is proposed to amend the current federal legislation. The article also substantiates the position of the need to expand the range of powers of the Ombudsmen in the subjects of the Russian Federation in relation to territorial authorities, the activities of which are controlled by the President of the Russian Federation.


2021 ◽  
Vol 39 (3) ◽  
pp. 44-46
Author(s):  
A. Ch. Chupanova ◽  
◽  
K. A. Koymurzayeva ◽  

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.


2020 ◽  
Vol 10 (2) ◽  
pp. 103-106
Author(s):  
ASTEMIR ZHURTOV ◽  

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.


2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.


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