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.

Judicial Resolution of Issues Related to the Movement of Underages Without Accompanying Parents

2020 ◽  
Vol 1 ◽  
pp. 32-36
Author(s):  
I. V. Botantsov ◽  
Keyword(s):  
Russian Federation ◽  
Freedom Of Movement ◽  
Independent Travel ◽  
The Russian Federation ◽  
The Right ◽  
Do So

According to the Constitution of the Russian Federation, every citizen has the right to freedom of movement on its territory, but due to the fact that minors cannot be held accountable for their actions, there is a need to control their movement by legal representatives. The practical determination of the age of independent travel of minors and the issues of drawing up documents by parents authorizing them to do so are the subjects of disputes that are subject to judicial resolution. The article provides an analysis of the relevant practice, accompanied by the author's comments.

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.

Equal to the Constitution: the Sources of Law of Highest Legal Force in the Russian Federation

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Михаил Пресняков ◽  
Mikhail Pryesnyakov
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Constitutional Law ◽  
The Other ◽  
Constitutional Court ◽  
Legal Norms ◽  
Other Hand ◽  
The Russian Federation ◽  
Juridical Acts ◽  
The Right

In article the question of validity of the Constitution of the Russian Federation and some other sources of the right which can also possess the highest validity is considered. In particular the author comes to a conclusion that legal positions of the Constitutional Court of the Russian Federation possess the highest validity and in total with the constitutional provisions represent the actual Constitution. On the other hand, both laws on amendments to the Constitution, and the universally recognized norms of international law on the validity stand below constitutional precepts of law. Acts of the Constitutional Assembly of the Russian Federation may in future be qualified as having the highest judicial effect. Such acts may abolish or change any provision of the present Constitution. At the same time the universally recognized norms of international law and the laws of the Russian Federation regulating amendments to the Constitution of the Russian Federation as independent juridical acts and sources of constitutional law are inferior as compared with the constitutional legal norms.

Legal basis of the mechanism of implementation of the constitutional right to social security in the Russian Federation

2019 ◽  
Author(s):  
Павел Байматов ◽  
Pavel Baymatov
Keyword(s):  
Social Security ◽  
Russian Federation ◽  
Legal Basis ◽  
Role Of The State ◽  
Municipal Employees ◽  
Wide Range ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right

The monograph is a study of theoretical and practical problems associated with the implementation of the constitutional right of citizens to social security. It adequately covers the historical and contemporary issues of the right to social security in Russia, studying international experience. The book raises the problem of implementation of the constitutional right of citizens to social security in the Russian Federation in modern conditions, if necessary, reduce the paternalistic role of the state, proposed measures aimed at increasing the role of citizens, identified theses related to the search for the most optimal and effective forms of modernization of the mechanism of realization of the right to social security. The book is addressed to state and municipal employees, deputies of representative bodies of state power and local self-government, researchers, teachers, graduate students, students of Humanities and a wide range of readers.

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 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.

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.

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