права человека

Restrictions on digital human rights to counter terrorism

Introduction. Russian civil legislation takes into account innovations in information exchange by fixing the concept of digital rights, while giving them an exclusively private legal understanding. The modern doctrine proceeds from the fact that development of digital technologies has also significantly influenced the concept of fundamental human rights. Continuation of this vision is the emergence of digital rights in the public sphere. This actualizes the analysis of their possible limitations in order to counter terrorism. Theoretical analysis. The research reveals the consequences of the transfer of a significant amount of social relations to digital format. At the same time, while the general discourse of discussions stems from the principle of “normative equivalence” between “offline” and “online” (which does not require fundamental changes in law), the experience of the spread of digital technologies shows that it increasingly faces systemic failures. The authors indicate the difficulties with the definition of digital rights and their regulatory consolidation (by analyzing the regulations of the European Union). Empirical analysis. Based on the identified characteristics of digital communications, the paper presents the models for countering terrorist threats in modern cyberspace. The features of the legislative support of the Chinese model of the “Golden Shield”, based on the principles of digital sovereignty (in particular, the Law of the People’s Republic of China “On Data Security”), are shown. The authors highlight the features of imposing restrictions on the right to digital communication for persons suspected of involvement in terrorist activities (in particular, on the basis of the Anti-Terrorism and Border Security Act adopted in 2019 in the UK) and consider other foreign experience in countering terrorist threats in the digital sphere. Results. The necessity of taking into account the technological features of information exchange in the digital space is demonstrated. This has a significant impact on the emergence of new measures to counter terrorism. Foreign experience testifies to the expansion of the list of operational and search measures, the list of elements of crimes of a terrorist nature.

 Izv. Sarat. Univ. Economics. Management. Law, 2023, vol. 23, iss. 1
Category of «Value» in Constitutional Law of Russia

The article investigates the category values in constitutional law. The author examines the constitutional and legal content of such values as a person, his rights and freedoms, equality, justice. Enshrined in the Constitution and the realization of these values cause the development of Russia as a democratic, social state.

 Izv. Sarat. Univ. Economics. Management. Law, 2012, vol. 12, iss. 2
The works of А. N. Radishchev: A study of economic and anthropological interpretation

Introduction. A. N. Radishchev in his writings lays the foundations of a humanistic study of Russian society and an anthropological understanding of economic orders. Most of the works were not published during his lifetime; the scientific publication of works and the study of views, mainly of a social nature, was undertaken in the 1940s–1950s. The comments emphasized the radical worldview of the thinker, manifested in the literary field. In reality, the enlightener’s work is more multifaceted and covers philosophy, law, history, and economics. Three life periods are distinguished, different in subject matter, but consonant with moral ideas. Theoretical analysis. The first period of writing is characterized by works of social philosophy, fiction and official notes of a legal and economic nature, in which Radishchev’s ambivalent attitude to power, lawmaking and moral values is revealed. The probable coincidence of the enlightener’s views with his European contemporaries (Locke, Diderot, A. Smith, Blackstone) and Russian philosophers (Tatishchev, Storkh) is revealed. Parallels with the works of I. Kant and the categorical apparatus of modern economic anthropology are determined. Empirical analysis. The views of Radishchev and Catherine II are interpreted in a comparative way. It is shown that there are no direct invectives in the “Journey from St. Petersburg to Moscow” against the Empress. The works on legislation in the third period of creativity are an adjusted continuation of the works of the first period. The most complete economic and anthropological theme is presented in the essay “On Chinese Bargaining”, which implicitly rejects the principles of the government’s economic policy, which does not take into account the spatial identity of Russia, its civilizational mission and the potential of free enterprise. Results. The writings of A. N. Radishchev anticipate the field of research of modern economic anthropology: the importance of reflection in human behavior, its noumenal and phenomenal representation, historical construction of ways of action and thought, performative thinking, hierarchy and fragmentation of power, structuration of economic (market) relations are taken into consideration. The key concepts are collective faith, feelings and habits, inclinations and individual differences, good-action, objective and subjective interests, reasonableness and rationality in historical refraction. The problems of conciliarity, will, moral imperatives, acquisition of systematic knowledge, necessity of laws, human rights are highlighted as the most important from the position of the enlightener.

 

 Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 4
Correlation of international and regional (Muslim) concepts in the field of human rights

Introduction. The article is devoted to the problems of correlation of international standards in the field of human rights, based on the liberal values of Western civilization, with regional acts of Muslim countries, correlating with Islam. The study analyzes various points of view of scientists on the issues of universalism of human rights and cultural relativism. The author adheres to the position that the content of human rights and freedoms in each specific community is heterogeneous and depends on its cultural, historical, religious and moral development. Theoretical analysis. The problem of the correlation of concepts in the field of human rights is primarily associated with the different approaches of the existing legal systems to the perception of human rights and freedoms. The theocentric approach, which is shared in the Muslim world, is the opposite of the liberal one, which is based on anthropocentricity. Most of the Muslim countries have signed and ratified international treaties on human rights, but made numerous reservations indicating the possibility of realizing a complex of human rights from the perspective of Islam. Empirical analysis. Despite the difference in views on the scope and content of human rights, Muslim countries strive to implement the international human rights standard. Regional acts of Muslim countries in the field of human rights, developed in the second half of the 20th century, have been severely criticized by human rights organizations on gender and family regulation, religious freedom, self-determination, etc. Currently, the Organization of Islamic Cooperation has developed a Declaration on Human Rights. offering a modern formulation of the position of Muslim countries on human rights. This act is aimed, on the one hand, at convergence of legal positions with the Universal Declaration of Human Rights, on the other hand, it protects basic Islamic values. Results. The study of regional acts of Muslim countries in the field of human rights regulation, modern Muslim concepts of human rights allowed the author to conclude that Muslim countries strive not only to participate in the discussion on human rights, defending their civilizational identity, but also to find points of convergence of Islamic views on human rights with international standards.

 Izv. Sarat. Univ. Economics. Management. Law, 2021, vol. 21, iss. 3
Legal Certainty and Democracy: What the “Constitutional Legislator” Allows

Introduction. The article analyzes the legal certainty of the individual as the stability of the content of fundamental rights and freedoms in the context of democratic processes of reforming the current legislation and the Constitution of the Russian Federation. Theoretical analysis. The article notes that the need for stability of fundamental human rights and freedoms is in some contradiction with their dynamic, evolutionary nature. The author questions the possible and necessary limits of majority democratic will with regard to the transformation of the legal system, in general, and constitutional rights and freedoms, in particular. The article addresses some “points of tension” between democracy and the rule of law. Results. On the basis of the article, it is concluded that participation in the processes of democratic transformation of the legal system can be considered as a right to democracy and, in this understanding, it needs the search for a balance with other fundamental rights and freedoms. It is on the basis of this balance that the legal certainty of the individual must be ensured, combining, on the one hand, the stability of the substantive characteristics of fundamental rights and freedoms, and, on the other hand, the expansion of legal claims and the evolution of human rights.

 Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2020, vol. 20, iss. 4
Securing the Right to Life of Hostages while Suppressing the Actions of Terrorists Who Seized an Aircraft or a Water Vessel

Introduction. While forming measures to ensure security, each state seeks to effectively counter terrorist activities. For this purpose, many countries, including the Russian Federation, are establishing the legislative possibility of destroying aircrafts and water vessels together with crew and passengers. Theoretical analysis. The articles of the Federal Law “On Countering Terrorism” that provide the Armed Forces of the Russian Federation with the possibility of destroying aircrafts and water vessels contradict the whole complex of norms of the Constitution of the Russian Federation, as well as international acts enshrining human rights. Moreover, the existing grounds for the lawful deprivation of a person’s life are exhaustive and directed against the guilty persons who committed unlawful acts. The possibility of destroying a ship with innocent people in helpless condition is inhumane. Empirical analysis. The practice of the European Court of Human Rights indicates that law enforcement agencies, while conducting operations to neutralize militants or terrorists, using force, should minimize the possibility of causing death to citizens who are not related to the conflict, but who, by coincidence, find themselves at its epicenter. Moreover, in the presence of hostages, the Court insists on protecting their lives from unlawful violence. Results. In a constitutional state, the main goal of counter-terrorism operations should be to save the lives of the hostages and then destroy the terrorists. In order to build just such a hierarchy of goals, it is necessary to amend the Federal Law “On Countering Terrorism”.

 Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2020, vol. 20, iss. 1
Sexual and Reproductive Rights and Freedoms in the Constitutions and Legislation of Foreign States

Introduction. The United Nations and the World Health Organization are completing the formation of an international system of sexual and reproductive rights and freedoms, carrying out the implementation provisions of this system into national law. The ongoing process obeys to a number of general rules, whose analysis is carried out in this article. Object. Universal patterns in the development of sexual and reproductive rights and freedoms, using as illustrations of this development the constitutions and the laws of India, Switzerland and Gabon. Results. The author analyzes the constitutional establishment and regulation of sexual and reproductive rights and freedoms in the studied countries. The studied countries are located at different stages of the process of achieving the highest possible level of compliance and protection of sexual and reproductive rights and freedoms. Conclusion. The process of achieving the highest possible level of compliance and the protection of sexual and reproductive rights and freedoms proceeds inductively. The article presents a model of this process.

 Номер журнала 498
The Main Approaches of the Constitutional Court of the Russian Federation to the Constitutional Principle of Non-discrimination

Introduction. As discrimination is a negative phenomenon, counteracting it is an important problem. Constitutional Court of the Russian Federation plays considerable part in this process because it can protects subjects of law from law-making discrimination. Theoretical analysis. The article considers main approaches to the constitutional principle of non-discrimination, containing in legal positions of the Constitutional Court of the Russian Federation. Constitutional Court of the Russian Federation regards non-discrimination as con- stitutional principle of law. The author analyses features of discrimination which were mentioned in Constitutional Court’s decisions and studies legal positions of the Constitutional Court of the Russian Federation, addressed to the safeguards of the constitutional principle of non-discrimination. Conclusions. Constitutional Court of the Russian Federation often addressed the constitutional principle of non- discrimination. Thereby, Constitutional Court interprets it owing to recognition non-discrimination as a principle of law, reveals its features and safeguards, develops and defends this principle.

 Номер журнала 496