Law

Content and forms of participation of the Constitutional Court of the Russian Federation in lawmaking

Introduction. The judicial constitutional review authorities ensure the supremacy and direct application of the constitutions. They also participates in lawmaking activities. Constitutional review authorities can participate in lawmaking activities directly or circumstantially. There are two kinds of the direct participation of such authorities in lawmaking activities: legislative initiative and participation in lawmaking activities in connection with the implementation of the constitutional review. The methodology of research is based on general scientific and special legal research methods. Theoretical analysis. Some authors note that the decisions of the constitutional review authorities can modify conditions of public life. Authors often emphasize that court decisions that rules certain norms as unconstitutional have the same goals as statutory acts. Empirical analysis. Constitutional courts administer a special kind of lawmaking, such as “positive”, “negative”, “adjusting” and “interpretative” lawmaking. “Positive” lawmaking is connected with the adoption of statutory acts, which regulate the activities of the constitutional courts. “Negative” lawmaking consists in ruling certain legal norms and sources of law unconstitutional and making them void. By means of “adjusting” lawmaking constitutional courts do not rule the norms as completely unconstitutional, but constitutionally interpret them. “Interpretative” lawmaking consists in clarifying legal norms of constitutions. The constitutional review authorities may also provide recommendations to the legislative authorities. Results. The constitutional review authorities can directly participate in lawmaking activities as a legislative initiative or in connection with the implementation of the constitutional control as “positive”, “negative”, “adjusting” and “interpretative” lawmaking. Circumstantial participation of such authorities in lawmaking activities is administered by adopting special messages.

Constitutional legal regulation of the use of information technologies in the electoral process of the Russian Federation: Problems and prospects for development

Introduction. Currently, information technologies occupy an important place in the life of every person and they are actively used in all spheres of the life of society and the state. The electoral process is one of the spheres of active use of the latest information technologies. Thus, in the elections and referenda Russia regularly uses electronic devices for voting, vote counting and data transfer within the system of election commissions, as well as means of video surveillance and broadcasting of images in the premises for voting. Theoretical analysis. Analyzing the legal basis for the use of information technologies in the electoral process of the Russian Federation, it should be noted that the importance of these technologies is emphasized in the latest edition of the Constitution of the Russian Federation. The electoral legislation of the Russian Federation is very large-scale and, in addition to the basic Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”, the organizational and legal features of the use of information technologies are regulated by a number of legal acts. Empirical analysis. Considering the fact that information technologies have been used in various forms in the Russian electoral process for a long time, their significant technical changes should be emphasized. The analysis of the various aspects of the use of these technologies has allowed to allocate their advantages and disadvantages. Results. The author identified the problems of legal regulation of stationary and remote electronic voting and also the problems of using video surveillance and image broadcasting, including on the Internet. The author also stresses the need to systematize the existing rules and fill existing legal gaps and, therefore, the proposals on regulation of the organizational and legal features of the use of these technologies in the Federal Law “On electronic voting in the Russian Federation”.

The problem of unreliability of information in the system of compulsory medical insurance in the context of the implementation of the constitutional right to free medical care

Introduction. The addition of the section “Information on the cost of medical services rendered” to “Public Services”, the state information system, allowed the citizens of the Russian Federation to receive relevant information promptly. This possibility soon exacerbated the problem of unreliability of information about the medical services provided to the insured persons under compulsory medical insurance. The article defends a position based on the legal analysis of the legislation of the Russian Federation in the sphere of compulsory medical insurance. According to this position, the problem can be overcome by appropriate changes in the regulatory documents governing the control powers of the territorial funds of compulsory medical insurance, health insurance organizations. Theoretical analysis. The right to reliable information is enshrined in a number of regulatory legal acts of the Russian Federation, the analysis of which allows us to investigate the problem of unreliability of information in the system of compulsory medical insurance (“medical prescriptions”). Empirical analysis. Identification of unreliability of information about the provided medical services can be carried out both by the insured persons under compulsory medical insurance and through the control of the competent authorities. In this regard, the article analyzes the control powers of the territorial funds of compulsory medical insurance, medical insurance organizations. Results. The result of the author’s analysis of the problem of unreliability of information in the system of compulsory medical insurance (“medical attributions”) is a proposal to improve the procedure for organizing and monitoring the volume, timing, quality and conditions of providing medical care for compulsory medical insurance.

The right to receive qualified legal assistance in criminal proceedings: The concept, the relationship with the right to defense

Introduction. An important achievement of modern criminal procedure legislation and law enforcement practice is the implementation of international standards and democratic legal institutions concerning the strengthening of guarantees of respect for the rights, freedoms and legitimate interests of participants in criminal proceedings. Among them is the right of a person to receive qualified legal assistance. In this regard, it becomes important to analyse the system of scientific views and studies on the issue of qualified legal assistance and its relationship with the right to protection determined by the Constitution of the Russian Federation, and to determine the main characteristics to which such assistance should correspond. Theoretical analysis. The mechanism of procedural support of the right of a person against whom criminal prosecution is being carried out to receive qualified legal assistance is identified, and proposals are formulated to improve the legal guarantees of ensuring legal activity in its implementation. Empirical analysis. A definition of the right to qualified legal assistance has been developed, which represents the rights of a suspect, accused, or victim to use the help of a lawyer with legal education, who is part of the professional legal community, with a confirmed status, in order to ensure the implementation of the purpose of criminal proceedings – in terms of protecting the rights of victims of crimes – and all components of the right to protection from criminal prosecution and prosecution, which are enshrined in the current legislation at all stages of criminal proceedings. Results. The authors carried out a study on scientific representations of the right to qualified legal aid and the distinction between the right to protection and the right to qualified legal aid.

“Constitutionalization”: To the question of the concept

Introduction. The legal term of “constitutionalization” is relevant and in demand at the present stage of the constitutional development of the Russian state, as evidenced by the increasing frequency of its use in scientific works. The modern use of the term of “constitutionalization” has many meanings that are not always specified by the authors. In this connection, the definition of the essence and content of this concept has theoretical and practical significance. Theoretical analysis. The author made an attempt to theoretically comprehend the concept of “constitutionalization”, including the lexemes of “constitutionalization of the legal order” and “constitutionalization of the legal system”, based on the analysis of works by foreign and domestic authors, formalized some common essential and substantive attributive features of the phenomenon of “constitutionalization”. Empirical analysis. It is noted that in the Constitution of the Russian Federation, the current Russian legislation, the judicial practice of the Constitutional Court of the Russian Federation, the term of “constitutionalization” has not found its reflection. As for the decisions of the European Court of Human Rights, in some of its decisions this concept is mentioned in connection with the substantiation of the role of the Strasbourg and Luxembourg courts, the influence of their legal positions on the constitutionalization of the European legal order. Results. The author defines constitutionalization as a complex construct, with the acquisition of constitutional meaning by all phenomena and processes of legal reality occurring in society and the state being its attributive-relational, essential, target feature. Based on the etymological, semantic, systemic and structural analysis of this phenomenon, the author presented it as a multi-level, multi-aspect system, identified qualifying features and design features, levels, phases, stages.

Legal regulation of the dissemination of information in social networks: Legislative innovations and prospects for law enforcement

Introduction. Social networks as a relatively new form of Internet communication are actively used to create and exchange content, disseminate socially significant information, conduct business, search for work, education, create groups of like-minded people and organize their activities. At the same time, the practice of recent years has shown that the threats of using social networks for illegal purposes have also significantly increased – for example, to disseminate false or offensive information, involve users in committing criminal acts, and organize public unrest. Theoretical analysis. The following problems of legal regulation of activities in social networks have been established: theoretical lack of elaboration of many issues; the conditionality of user behavior by the properties inherent in social networks; the presence of conflicts between the rules established by the owners of social networks and the norms of the laws of individual states; 4) the complexity of regulating the behavior of a virtual personality; the need to take into account the regulatory potential of information technology. Empirical analysis. The study examines international acts that establish the main directions of interstate and national policy in the field of regulation of social networks. The analysis of the Federal Law No. 530-FZ dated December 30, 2020, which establishes the features of the dissemination of information on social networks in particular, the obligations of the owner of the social network, aimed at preventing the dissemination of illegal information. The user agreements of the most famous social networks VKontakte, Facebook, Instagram, Twitter are investigated and their comparative analysis with legislative norms is carried out. Results. Firstly, the analysis of the user agreements of the most famous social networks shows that their owners have already developed norms prohibiting the dissemination of illegal and unethical content, including materials containing calls to commit terrorist activities or justifying terrorism, extremism, pornographic, defamatory or discriminatory. At the same time, the terminological and content definitions of such information differ. Secondly, legislative innovations will lead to greater transparency in the relationship between the owners of social networks and users. Thirdly, the adoption of a law regulating the features of the dissemination of information in social networks testifies to the fact that the Russian Federation, like other countries, is taking measures to ensure state sovereignty in the information sphere.

On the doctrinal principles of family law (The case study of the principle of responsibility for violation of family law norms)

Introduction. The article proposes supplementing the system of principles of family law with a new doctrinal principle – the principle of responsibility for violations of family law. Theoretical analysis. The article explores scientific ideas about the system of principles of family law, the features of family legal responsibility, the relationship of protection measures and liability measures in family law. Result. The article concludes that only the sanctions of the moral nature should be attributed to the family-legal sanctions. Property sanctions (compensation for non-pecuniary damage, disinheritance, recovery of losses) are of a civil nature, although they reflect the specifics of family relations. In addition to specific sanctions, the essence of family law liability lies in the special composition of the subjects of these sanctions, as well as the special procedures under which they are subject to application.

The idea of the right of resistance to oppression in the Eastern political, legal and religious thought

Introduction. The triumph of liberal democracy in developed countries did not reduce the protest activity of citizens, revolutions and uprisings are still a phenomenon of modern time. The issue of the essence and mechanism of exercising the right of resistance (right of rebellion, right of revolution, iusresistendi) is becoming relevant, which also requires a historical analysis of Eastern political, legal and religious thought. Theoretical analysis. The author found out that the doctrine of the right of resistance is not the concept developed exclusively by Western lawyers and philosophers. Representatives of Chinese philosophical and Islamic religious thought made a significant contribution to the development of the idea of iusresistendi. The author concludes that there is no significant contribution of legal scholars from African countries in defining the essence of the right of resistance. Еmpirical analysis. The author conducted a comparative analysis of the teachings and legislation of several countries, which allows to solve the issue of the possibility of recognising criteria for legitimizing forms of resistance to oppression and the mechanism for their exisicing by acts and international documents in the future. Results. The idea of the right to resist oppression is fully reflected in Eastern political, legal and religious thought, which means its independence and self-sufficiency. The author revealed the essence of this right formulated by philosophers, jurists and authors of international law documents, the criteria for legitimizing resistance.

Constitutional status of persons who are not citizens of the Russian Federation

Introduction. The constitutional and legal status of persons who are not citizens of Russia is directly related to their political, social, personal and economic rights and freedoms. This raises the problem of correctly determining the status of persons who do not have Russian citizenship due to the fact that the legislation contains many provisions covering the totality of legal relations related to the status of a foreign citizen and a stateless person, where the personal and social rights of a person do not depend on his / her citizenship of another state. Theoretical analysis. The article examines the content of the constitutional status of non-citizens on the territory of Russia. It follows from the content of the first chapter of the Constitution of the Russian Federation that the concept of personality includes any person who is both a citizen and a foreign citizen, or a stateless person, therefore, the rights and obligations established in relation to a person apply to non-citizens. Empirical analysis. The analysis of many rights guaranteed by the Constitution of the Russian Federation revealed that they are not related to citizenship and apply to all people, therefore, non-citizens should have the ability, enshrined at the constitutional level, to protect their rights in case of their violation by contacting state bodies and local self-government bodies. Results. Non-citizens enjoy the rights and bear obligations on the equal basis with the citizens of the Russian Federation, taking into account the peculiarities and restrictions established by federal laws and international treaties. There is a promising opportunity to improve Russian legislation by identifying an independent term of “non-citizens”, which will unite foreign citizens and stateless persons in order to implement comprehensive legal regulation for this category of persons.

Problems of realization of the right to use marine bioresources by the indigenous peoples of the Russian North

Introduction. The indigenous small-numbered peoples of the North of the Russian Federation received constitutional and legal status, due to which they have special guarantees, including priority access to the resources of aquatic ecosystems. The indigenous peoples of the Russian North are allowed to catch some species of mammals, which are under a special protection status, in order to maintain their traditional way of life. Theoretical analysis. Catching and commercialization of aquatic organisms, their use as food products, medicinal products, and household items generate negative consequences for biological resources and contribute to the social degradation of the indigenous peoples of the North. Empirical analysis. The previously applied strategy of preserving the indigenous peoples of the North intensified the crisis of small ethnic groups and contributed to the illegal extraction of aquatic biological resources. Today, the state is improving the mechanism for registering indigenous peoples for the exercise of their social and economic rights, draws attention to the need to comply with the principle of combining rights and obligations in the implementation of marine animal hunting. Results. Marine animals are an integral part the life of indigenous peoples of the North: they form the basis of the protein type of nutrition, are used in ethnomedicine, and allow to express the cultural potential through artistic craft and types of traditional activities. Marine hunting depletes natural resources of aquatic ecosystems, affects the spread of zoonotic pathogens, contributes to the development of illegal trade in marine animals and (or) their parts, exacerbates the problem of climate change. Recent changes in legislation indicate that the state is revising its attitude to aquatic biological resources based on the modern development of the indigenous peoples of the North.

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