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.

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.

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 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.

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.

Constitutional Court of the Russian Federation: implementation of human rights function

2018 ◽  
Author(s):  
Роман Карасев ◽  
Roman Karasev
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
Constitutional Court ◽  
Law Schools ◽  
Judicial Process ◽  
The Russian Federation ◽  
Definition Of

This study is devoted to one of the most important functions of the constitutional court of the Russian Federation — human rights. The author considers the activity of the domestic body of judicial constitutional control through the prism of interaction with other courts in the sphere of protection of human and civil rights and freedoms. Particular attention is paid to the definition of criteria for the effectiveness of the human rights function of the Constitutional Court of the Russian Federation and the improvement of mechanisms for the execution of decisions of the constitutional Court. The monograph is addressed to students, trainees, cadets, postgraduates and teachers of law schools, as well as to all who are interested in the constitutional judicial process and the protection of human and civil rights and freedoms.

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 Organizational and Legal Issues Related to the Introduction of the Investigating Judge Institution in the Russian Federation

2021 ◽  
Vol 1 ◽  
pp. 8-12
Author(s):  
Antonina V. Petryakova ◽  
Keyword(s):  
Human Rights ◽  
Significant Role ◽  
Russian Federation ◽  
Theoretical Study ◽  
Legal Issues ◽  
Judicial System ◽  
Court System ◽  
Legal Institution ◽  
The Russian Federation

The procedure of introduction of the institute of investigative judges into the judicial system of the Russian Federation requires a deep, comprehensive theoretical study at the interdisciplinary level. Procedural scientists put forward several concepts for the introduction of this legal institution and justify its special, significant role in the strengthening the human rights function of the court. However, there are currently not many studies devoted to the issues of structuring the updated judicial system of Russia with the inclusion of the institute of investigative judges in it. Is it possible that the lack of theoretical study of the issues of structuring and modeling the judicial system due to the introduction of a new element in it — the institute of investigative judges — hinders the reform? The author summarizes and analyzes the existing opinions of researchers about the place of the institute of investigative judges in the Russian court system and expresses his position on this issue, which may seem worthy of attention

scholarly journals On Legal Basis of a Claim

2021 ◽  
Vol 16 (11) ◽  
pp. 107-116
Author(s):  
V. N. Ivakin
Keyword(s):  
Russian Federation ◽  
Burden Of Proof ◽  
Civil Procedure ◽  
General Concept ◽  
Legal Basis ◽  
Procedural Law ◽  
Procedural Code ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
Legal Grounds

The science of civil procedural law advances an opinion that it is necessary to distinguish between the  factual and legal basis of a claim. The latter needs to be singled out, since the specific claim always results from a  specific legal relationship, from the subjective right of the plaintiff to be protected. The main argument, according to  A. A. Dobrovolskiy, is not the presence of the relevant norm in the law but its practical necessity to recognize these  legal grounds as an integral part of a claim. However, the author here confuses two different issues: the expediency  and the obligatory existence of a legal basis for the claim, although in fact these are far from identical concepts.  The author also wrongfully identifies the concepts of "basis of a claim" and "basis of satisfaction of a claim", as  a result of which the legal basis of a claim is always included in the basis of a claim. This position is supported by  some other scientists who dealt with the problems of the claim (G. L. Osokina, O. V. Isaenkova). Meanwhile, if we  consider a claim as a legal phenomenon in general, then the legal basis is indeed a necessary component of the  general concept of “the basis of a claim”. However, if we turn to specific claims, then the legal basis of the claim  can be either optional (Code of Civil Procedure of the RSFSR 1964) or mandatory (Code of Civil Procedure of the  Russian Federation 2002). Currently, in accordance with paragraph 4, Part 2 of Art. 131 of the Civil Procedural Code  of the Russian Federation, the statement of claim must indicate what constitutes the violation or threat of violation  of the rights, freedoms or legitimate interests of the plaintiff. The paper draws attention to the shortcomings of  this norm, and thus suggests to remove it from the Civil Procedural Code of the Russian Federation. At the end of  the paper, it is suggested that with the development of civil procedural legislation, reference to the norms of law  in a statement of claim will become mandatory. However, the recognition by V. V. Yarkov of this provision as valid  by virtue of imposing the burden of proof on the parties seems to be unreasoned.

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