Law

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.

Problems of Legal Regulation of Additional Guarantees for Children with Special Legal Status (Study into the Mechanism for Providing Housing for Orphans and Children Left Without Parental Care)

Introduction. International legal standards of the rights of the child bind states at the domestic level to ensure that all rights of the child are respected for the purposes of their physical, mental, spiritual, moral and social development. Orphans and children without parental care are also endowed with special rights designed to promote the best interests of the child. Theoretical analysis. The current Russian legislation sets forth additional guarantees included in the content of the legal status of children in need of special attention. These include the right to education, the right to medical care, the right to property and housing, the right to work, and the right to judicial protection. Empirical analysis. The right to housing, guaranteed by the Constitution of the Russian Federation, is realized through a single provision by the executive authority of a constituent entity of the Russian Federation of a well-furnished specialized housing stock under a contract for the rental of specialized residential premises. At present, both judicial practice and the activities of law enforcement agencies emphasize the relevance of the issue under study, due to the presence of significant gaps in the current legislation that impede the implementation of the housing guarantee in full. Results. The main reason for the state’s failure to fulfill the obligation to provide housing for orphans and children without parental care, as exemplified by Saratov Region, is the lack of adequate funding that requires a fundamental reform in the field under study: assignment of authority to provide housing for orphans and children without parental care to the competence of the Russian Federation.

Social and Special Legal Measures for Ensuring the Implementation of Legal Norms

Introduction. The article discusses the obvious and current issues of enforcement of law. A special place in this process belongs to the system of security means: general social and special legal ones. The proper implementation of legal norms is ensured by a number of socioeconomic, political means, and depends on the level of legal awareness and legal culture of the population, information media, including advertising, the quality and timeliness of legal examination of normative acts, the rules of legal technology, the correct interpretation of law, legal responsibility, etc. The activity of the system of competent state bodies, existing in the form of judicial control and prosecutorial supervision, is important for the process of ensuring law enforcement. Purpose. The objective is to justify the need for ensuring the implementation of legal regulations with the help of an agreed set of general social and special legal means. Results. The result of the study into the subject matter is the rationale for the fact that the implementation of legal norms is provided by the system of general social and special legal means. Conclusions. A balanced set of general social and specially legal means serves as a basis for effective legal regulation.

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.

Antimonopoly Compliance in Russia

Introduction. The article deals with topical issues of universal introduction of antimonopoly compliance as one of the ways of law enforcement and law and order in the country. The author of the research relies on the analysis of various normative legal acts in the field of antimonopoly regulation and development of competition. Theoretical analysis. The author claims that emergence of the problems in the field of competition on the Russian market was caused by the heritage of the Soviet command economy and subsequent stagnation of economic activity. The analysis of key problems in the field of antimonopoly regulation and development of competition is carried out within the search for the mechanism of improvement of this management sphere. This includes creation and organization of a system by federal organs of the executive authorities to ensure the compliance with requirements of the antitrust law. Empirical analysis. The article is aimed at logical and systematic description of pluses and minuses of antimonopoly compliance both from the point of view of theorists and practitioners of law, and in terms of balance of interests of business and authorities for the sake of prosperity of society. Results. In the developing conditions of national economy, antimonopoly compliance will gain value of one of the most effective mechanisms of realization of public policy in the field of providing law and order and legality. Coordination of actions of executive authorities of all levels, business and society within creation and organization of the system, that will ensure compliance with the requirements of antitrust law, will be a guarantee of the successful future of our country.

The Legal Regime of Information Resources of Medical Information Systems

Introduction. The collection of information stored in medical information systems is important and often acts as an independent object of law. A specific feature of medical information resources is that they usually include information that falls under the action of various special regimes, which gives rise to a number of specific legal problems. Theoretical analysis. Medical information about a patient’s health at the same time falls into two categories – medical confidentiality and personal data. Russian legislation practically does not provide the operator with the measures of responsibility for the leakage of personal data if all measures stipulated by the legislation for their protection have been formally taken. Meanwhile, the data on the state of health of a nation are of strategic value, and the corresponding information systems should be referred to as the objects of critical information infrastructure (CII). Empirical analysis. At present, the patient’s electronic medical record is a basic information resource in the healthcare sector, while Russian legislation lacks both its recognized official definition and its content requirements, which leads to difficulties in integrating medical data and problems in determining its legal significance. Results. It was proposed to extend the concept of a critical information infrastructure object from information systems to information resources, and to establish criminal liability in case of damage to people’s lives due to an attack on a medical information system (information resource), for which the application for inclusion in CII registry was not filed in a timely manner.

Civic Chamber in Russia: History of Creation and Development Trends at the Present Stage

Introduction. For the first time, the creation of the Civic Chamber in Russia was connected with the need to adopt a new Constitution in 1993, as well as to search for public consent and overcome political instability in the state. Despite the short period of its operation, the Civic Chamber, created by the first President of Russia B. N. Yeltsin, served as the impetus for the creation of civic chambers of the constituent entities of the Russian Federation, many of which are continuously operating to date. Theoretical analysis. Today, Russia is on the way to the democratic transformation of all state institutions. The implementation of the fundamental constitutional provisions in the recognition of human rights and freedoms of a person and citizen as a supreme value is impossible without public control tools over the activities of public authorities. The civic chamber, functioning at both the federal and regional levels, promotes the dialogue between the government and society, and also directly participates in government decision-making, which contributes to meeting the urgent needs of society and the individual citizen. Empirical analysis. In the course of their activity, both the Civic Chamber of the Russian Federation and the civic chambers of the subjects of Russia, the functional elements of their legal status changed. This transformation took place under the influence of social trends of the Russian state and the needs of society as a whole. Results. The result of the analysis of the historical retrospective review of the creation process and activity of the Civic Chamber in Russia is the identification of the historical stages of the institution under consideration, as well as the need to ensure its independence and informational openness.

The Legal Regime of the Animal Without the Owner (Stray Animals)

Introduction. The article deals with the theory and practice of treatment of stray animals in the context of recent changes in the Russian legislation. Theoretical analysis. Terminology issues are investigated. The author also proves that the strategy of return of sterilized animals from animal shelters to their natural environment is groundless. The author justifies measures for development of legal responsibility for violation of the legislation on the treatment of stray animals, measures for registration of stray animals, importance of change of the state policy in the field of animal by-products, measures for development of ecological culture and education. Results. Stray animals (animals without owners) occupy a special place in the classification of wild and domestic animals, having an intermediate position. At the moment, Russia has adopted a package of laws clarifying the legal status of stray animals, but there is still some confusion in terminology and declarative procedures aimed at reducing the number of stray animals. Implementation of the measures proposed in the present study will reduce the number of stray animals, which will lead to the improvement of sanitary conditions in the cities, will reduce the risk of bites and diseases they may cause, will reduce the number of offences related to cruelty to animals, the number of road accidents involving stray animals and moral stress for children who have to watch stray cats and dogs suffering every day. Reducing the number of stray animals will also save taxpayers' money, since the burden of stray animal treatment on municipal authorities will be eased.

Realization of the Constitutional Principle of Equality of the Parental Rights and Duties while Imposing and Serving Criminal Penalty

Introduction. The article is devoted to the implementation of the constitutional principle of equality of parental rights and obligations while imposing and serving criminal punishment. Theoretical analysis. The author analyzes the Criminal and penal codes of the Russian Federation in terms of the implementation of the constitutional principle of equality of parental rights and obligations while imposing and serving criminal punishment. The author notes that the criminal code stipulates a list of penalties, some of which are asymmetric, that is, they contain no conditional benefits for women mothers, which leads to a violation of parental rights of men. Results. Summarizing the results of the study of criminal and penal enforcement legislation, the author comes to the conclusion that at present the principle of equality of men and women in the field of penal enforcement legislation in relation to their family responsibilities is observed. However, there is an unjustified differentiation of some provisions of the criminal law, which is an obstacle for men-fathers to the exercise of parental responsibilities, enshrined in part 2 of article 38 of the Constitution.

Accessibility and Effectiveness of Mechanisms for the Judicial Protection of Constitutional Rights and Freedoms as the Rule of Law Indicators

Introduction. The mechanisms for the judicial protection of citizens’ constitutional rights and freedoms by means of constitutional and administrative proceedings are analyzed in this article, taking into account the federative specifics of the Russian Federation. Theoretical and empirical analysis. The principle of accessibility of the rights protection mechanisms as the rule of law indicator is revealed through an analysis of the system of constitutional control bodies in the Russian Federation, the results of their completion process, as well as through an analysis of the alternative mechanism for the constitutional rights protection by the courts of general jurisdiction if there are no constitutional (statutory) courts in particular subjects of the Russian Federation. The principle is also revealed via comparative analysis of the admissibility criteria and requirements for citizens’ appeals to constitutional justice bodies and courts of general jurisdiction in order to protect their constitutional rights and individual organizational requirements. Besides, the article considers another indicator of the rule of law – the principle of the effectiveness of the mechanisms for the constitutional rights and freedoms protection – through the analysis of the legal force of decisions of the constitutional justice bodies and courts of general jurisdiction for the applicant, as well as their influence on other persons within the legal relations; the possibility of revision; the feasibility of court decisions, depending on the specifics of their content and the impact on the resumption of the case and the revision of decisions of other courts, that initially gave grounds for implementation of the judicial protection mechanisms for constitutional human rights and freedoms by means of constitutional and administrative proceedings. Results. Furthermore, the article set forth the main problems citizens face while implementing mechanisms for the judicial protection of their constitutional rights and freedoms. The author suggests some options for the solution of these problems.

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