The Concept of "Women's Rights" and Constitutional Freedom of Labor: Terminology Clarifications and Implementation Problems

The publication is aimed at defining the essence of the concept of "women's rights". The article shows that the concept of “women's rights” is widely used in the system of normative legal acts in Russia. The domestic legislator, resolutely opposing gender asymmetry, understands the rights of women as a system of integral and inalienable rights, freedoms and obligations for every woman, girl, adolescent girl, regardless of her age, citizenship, race, ethnic or religious affiliation. Using hermeneutic tools, an attempt is made to show the content and problems of the implementation of the labor rights of females. The article emphasizes that horizontal segregation develops under the influence of many factors due to the mentality and preference of various types of activities for men and women. Ultimately, women in general end up with lower income jobs. The authors found that the problems in Russia are the separation of professions into "male" and "female", which entails different wages; the feminization of poverty and unemployment; horizontal professional mobility for women. The increasing number of appeals associated with the violation of the socio-economic rights of women and their making the most of their labor potential become the subject of justice, in particular of constitutional justice in the Russian Federation.

Conscription for military service in legal positions of the Constitutional Court of the Russian Federation

The conscription for military service is a constitutional duty, the duty to defend the Fatherland – the order, the conditions for its implementation, problems and ways to resolve them are the object of attention in domestic science and the subject of various conflicts, litigation, incl. in the Constitutional Court of the Russian Federation. Currently, the bulk of the issues related to conscription for military service have been removed, not least thanks to the mechanism of constitutional justice.

Reforming Constitutional Justice in Ukraine

This article is swamped by the reform of the constitutional justice, which is envisaged by the strategy of development of the system of justice and constitutional justice for 2021 - 2023. The Constitutional Court of Ukraine is a body of constitutional jurisdiction, which provides the rule of the Constitution of Ukraine, solves the issue of the constitution of the Constitution of Ukraine, the laws of Ukraine and in the Constitution provided by the Constitution of other acts, carries out an official interpretation of the Constitution of Ukraine, as well as other powers in accordance with the Constitution of Ukraine. Independent and impartial constitutional legal proceedings are a guarantee of sustainable development of society and the state, a guarantee of observance of human rights and freedoms and citizens, rights and legitimate interests of legal entities, interests of the state, the growth of welfare and quality of life, creating an effective and equitable solution to legal disputes on the principles of the rule of law. It is analyzed how the procedure for the selection of judges of the Constitutional Court of Ukraine and its legal status will change. The result of the strategy should be effective constitutional justice, which will ensure a fair consideration of the Constitutional Court of Ukraine, the adoption of substantiated decisions and conclusions. Judges of the Constitutional Court of Ukraine should be virtuous lawyers with a recognized level of professional competence and have high moral qualities, remaining free of any political influence and accountable only to society. The state should ensure the independence and integrity of judges of the Constitutional Court of Ukraine, including through sufficient funding and creating proper conditions for the Constitutional Court of Ukraine.

Constitutional and judicial argumentation and the transformation models of normative legal regulation

This article explores the interrelation between constitutional and judicial argumentation, and the key transformation models of normative legal regulation under the influence of constitutional and judicial decisions. Using the analysis and summarization of the extensive constitutional and judicial practice, the author describes the argumentative patterns emerging as a result of appeal of the constitutional justice bodies to particular variants of normative correction. Special attention is given to such corrective measures as disqualification of the legal norm, formulation of an exception to the general rule, modification of the hypothesis and disposition of the legal norm, correction of its sanction, clarification of the mechanism of action of the legal norm in time, space and scope of persons, filling of the legislative gaps, and securing additional guarantees. The novelty of this research consists in studying the constitutional and judicial argumentation from instrumental perspective, namely in the context of its of carrying out of its official function with regards to constitutional control, which allowed outlining the argumentative patterns that are prevalent within the constitutional discourse, and thus grasp the mechanism of generation of arguments. The acquired results demonstrate that conceptually, the reasoning of the constitutional justice bodies reflect the process of critical re-evaluation of the current legal regulation and determination of its constitutional flaws with simultaneous projection of the normative model that fits into the constitutional framework. The conclusion is formulated that the constitutional and judicial argumentation aims to indicate the most acceptable variant of regulation from the constitutional perspective, outline the eligible lawmaking divergence from the constitutional standards legal regulation, as well as explain which part of the normative legal regulation should be corrected based on the constitutional requirements.

The Ghost of the Constitutional Review in Tunisia: Authoritarianism, Transition to Democracy and Rule of Law

The existence of a constitutional control is the essential cornerstone in any democratic system. Without a constitutional justice it is impossible to maintain a pluralist democracy with a real rule of law. The Tunisian constitutional history is emblematic of the relevance of the constitutional review. This article outlines the difficult and hampered life of the Tunisian constitutional justice that crossed two authoritarian regimes: a “revolution”; and the transition to democracy. It is in the latter phase that the creation of the constitutional court proved to be the paramount element in the passage from a procedural democracy to a substantive democracy.

FEATURES OF THE CONSTITUTIONAL PROCEEDINGS INTHE REPUBLIC OF UZBEKISTAN

Having chosen the path of building a democratic, legal state, a strong civil society, Uzbekistan hasdefined human rights and interests, the principle of the supremacy of the Constitution and laws as the most important priority of social development, statebuilding, and its entire domestic and foreign policy. Today, one of the effective elements of the protection mechanism of the human rights of any country is constitutional control, implemented through constitutional proceedings. Analyzing the activities of the Constitutional Court, the role and significance of constitutional justice as the main means of protecting the constitutional rights and freedoms of citizens and ensuring constitutional legality in the country, the author, on the basis of a constitutional and legal study, studies the principles, features of the stages of constitutional proceedings, examines the essence of the legislative framework for securing procedural terms. Materials and methods. The implementation of the set research tasks was achieved by analyzing the legal norms of domestic legislation governing the activities of the Constitutional Court.

Some Issues of Constitutional Justice in Ukraine

This article focuses on and weighs the main benefits and risks of introducing and deploying technological instruments for justice, as well as their potential effect on fairness. The replacement with and complementary use of technological solutions in light of their application in the judicial system in the digital age are considered. The explicit and implicit risks that arise from the introduction and deployment of technology instruments are analysed. Taking an axiological approach that assumes the a priori value of human rights, justice, and the rule of law, we evaluate the main dangers that the use of technological solutions in the justice system entails. With the help of formal legal and comparative legal methods, as well as the analysis of scientific literature and contextual analysis of open sources on the capabilities of artificial intelligence and the bias of algorithms, the article fills in the gaps regarding the potential of technology to improve access to justice and the use of algorithms in decision-making. It is noted that some technological solutions, as well as the usual behaviour of all actors in the digital era, change the nature of interactions, including those in the justice system. The question of the possibility of algorithmic justice is considered from the standpoint of fairness and non-discrimination. The article shows how the use of algorithms can improve procedural fairness but emphasises a careful and balanced approach to other elements of fairness.

Independence of Constitutional Justices: Stumbling Blocks in Ukraine and Poland

The article is devoted to the problems of the functioning of constitutional justice in Poland and Ukraine. Applying the methodology of comparative law research and empirical analysis, the authors consider the problems of the violation of the principle of independence of constitutional justice in these countries, explore common and distinctive features of crisis situations, try to find the reasons that cause them, and deduce the relationship between the legitimacy of the decisions of the constitutional justice bodies and independence of these bodies. The authors substantiate and analyse two components of the legitimacy of the constitutional courts’ decisions: substantive (fairness and compliance of decisions with the principles of constitutionalism) and instrumental (proper validity and argumentation, which leave no doubt about the fairness and correctness of such a decision).

About Equal Access to Justice in a Contemporary World (Issue 2/2021)

This issue of Access to Justice in Eastern Europe is related to various aspects of the development of contemporary legal doctrine. Since the UN announced sustainable development goals, more and more studies are focusing on how we can achieve them and the most effective ways to do so. No one can deny that every person seeks and deserves justice. So the question is, how can we guarantee equal justice for all in a world with so many cases? So far, the attention has been focused on area-specific rather than general approaches. Not surprisingly, in this issue, interesting studies on various aspects of justice development may be found – constitutional justice, criminal justice, digital justice, and even environmental justice, which attracts special attention from our authors.

SOME ASPECTS OF THE ORGANIZATION AND FUNCTIONING OF REGIONAL CONSTITUTIONAL JUSTICE IN THE FEDERAL REPUBLIC OF GERMANY AND THE RUSSIAN FEDERATION

The development of the institution of constitutional control emphasizes the importance of the Constitution as an act that establishes the basis of the legal status of the individual, the structure and relationship of state bodies and the basis of the legal status of the state at the international level. The peculiarities of the organization of the activities of specialized bodies of constitutional justice and other bodies of constitutional control in foreign countries are of considerable scientific interest. In countries with a federal form of territorial structure, both a federal body of constitutional control and similar bodies in the subjects of the federation can be created. From the point of view of the considered problems, the experience of the constitutional justice of the Federal states of Germany is instructive. The organization of their work and the results of their activities are considered to be among the most successful on the European continent. Most often, the terms of reference of the German land courts are determined by analogy with the Federal Constitutional Court. The paper notes that the experience of the functioning of constitutional justice in the federal states of Germany can be used in the organization of the system of regional constitutional control in Russia in the context of the ongoing processes of its reform.