Constitution of the Russian Federation

The Constitutional Right of Everyone to Freely Produce Information in the System of Personal Information Rights

Introduction. The article deals with determining the place of the constitutional right of everyone to freely produce information in the system of personal information rights. Theoretical analysis. The author considers different approaches of scientists to the definition of “human rights in the information sphere”, “information rights”, “right of information”. The author considers correlation of the constitutional right to freely produce information with personal information rights enshrined in part 4 of Art. 29 of the Constitution of the Russian Federation. Results. The author notes that constitutional scientists and experts in information law consider personal information rights as a part of the freedom of speech and press; others consider these rights as a symbol of a whole group of personal rights and freedoms; still others claim that personal information rights fall into the category of public, political rights; at the same time, some scientists believe that these rights belong to the group of personal rights. The author supposes that the rights to seek, receive, transmit and disseminate information are secondary to the right to produce information.

Federal Law as a Priority Form of Consolidating Restrictions on the Rights and Freedoms of Man and Citizen in the Russian Federation

Introduction. According to part 3 of article 55 of the 1993 Constitution of the Russian Federation, restrictions on the rights and freedoms of man and citizen may be established exclusively by federal law. Theoretical analysis. The regulation of the rights and freedoms of man and citizen — the concretization of their content, the definition of implementation procedures, cases and methods of limitation — should be carried out by federal laws. The establishment of restrictions on the rights of individuals by federal law means that restrictions are imposed by representatives of the people; restrictions must be clearly stated in the articles of the law; restrictions through federal law become well known. Empirical analysis. The study of the decisions of the Constitutional Court of the Russian Federation shows that when assessing the constitutionality of restrictions on the rights of individuals, the Court confirms that they should be established only by federal law. In addition, the Constitutional Court of the Russian Federation imposes certain requirements on the content and quality of the federal law, enshrining restrictions on human rights. In particular, the federal legislator is obliged to comply with the criteria of necessity and proportionality of the restriction of the rights and freedoms of citizens to constitutionally significant goals. Basic international human rights instruments also require that restrictions on human rights are established by law. Almost every federal law currently in force, governing a particular law (or freedom), contains restrictions on this right (freedom). In some cases specified in the decisions of the Constitutional Court of the Russian Federation, the establishment of restrictions on rights and freedoms is also possible with other regulatory legal acts. Results. It is concluded that the consolidation of restrictions on the rights and freedoms of an individual in the federal law should guarantee clarity, certainty, uniformity in understanding, common knowledge, stability of existing restrictions. The legislative regulation of restrictions on the rights and freedoms of an individual is a guarantee against arbitrary restrictions.

Consolidation of the Principles of Electoral Law in the Constitution of the Russian Federation

Introduction. The article deals with the legal regulation of the universal principles of the electoral law of the Russian Federation: the principle of universal suffrage, the principle of equal suffrage, the principle of direct suffrage and the principle of secret ballot. Theoretical analysis. These principles are fully regulated by the federal legislation. However, the current Constitution of the Russian Federation consolidates them only in respect of the election of the President of the Russian Federation. The article also analyzes the legal position of the Constitutional Court of the Russian Federation and international electoral standards. Results. The author formulated proposals on the consolidation of the universal principles of electoral law in the Constitution of the Russian Federation in case of a possible further revision.

Constitutional Regulation of Restriction of Electoral Rights of Citizens of the Russian Federation

Introduction. Elections are one of the basic values of democracy; they provide citizens with the opportunity to participate in the administration of state affairs. Theoretical analysis. The Constitution of Russia of 1993 in article 32 enshrines the electoral rights of Russian citizens – the right to elect (active suffrage) and the right to be elected (passive electoral right) to state and local government bodies. In the same article, the Constitution of the Russian Federation establishes restrictions on the electoral rights of Russian citizens. Empirical analysis. The Constitution of Russia, firstly, establishes uniform restrictions for active and passive electoral rights (citizens who are recognized as incompetent by a court and who are imprisoned by a court sentence do not have the right to elect and be elected); secondly, it provides for restrictions only on passive suffrage (age limit, permanent residence requirement, prohibition to run for the third time in a row - for a candidate for the President of the Russian Federation; age limit - for a candidate for deputy of the State Duma); thirdly, it establishes the general conditions for the restriction of all rights and freedoms of a person and citizen, in accordance with which federal laws establish additional restrictions on electoral rights. Results. It is concluded that: 1) the 1993 Constitution of the Russian Federation itself restricts the active electoral right and the passive electoral right of Russian citizens; 2) on the basis of part 3 of article 55, federal laws establish a wide range of additional (with respect to the constitutional) restrictions on voting rights.

Modification of Modern Constitution of Russia

Introduction. The article investigates the limits of amending the Constitution of the Russian Federation in 1993. Discussion. The author examines the amendments that were made to the text of the Constitution of the Russian Federation for more than twenty years. Particular attention is paid to the amendments relating to the reorganization of the higher courts of the state. The article points to the need for careful attention to the values enshrined in the Constitution. It is concluded that the imposition of non-Russian «European system of values». The activity of the supreme bodies of state power, defend the Constitution of the Russian Federation. We prove that the changes to the Constitution of the Russian Federation were due to the need to bring it into line with the changed rules of reality. Conclusion. An analysis of the amendments to the Constitution of the Russian Federation, the author comes to the conclusion that they are designed to improve the management of state, federal and development of the judicial system, but do not change the basic principles of functioning of the Russian state and society, not encroach on the stability of the economic and political system.