права человека

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.

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.

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.

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.