Law

Public associations – collective subjects of constitutional relations

Introduction. The article examines public associations as collective subjects of constitutional relations in the context of the legal development of the current legislation and the Constitution of the Russian Federation. Public associations, as collective subjects of constitutional relations, are important participants in the socio-political process of implementing the constitutional amendments adopted at the all-Russian vote in 2020. Theoretical analysis. The article considers the concept and significance of public associations as collective subjects of constitutional relations. The importance of public associations is noted, namely, as collective subjects of constitutional relations. Empirical analysis. The author investigated the normative legal acts regulating public relations related to the activities of public associations and revealed that the legislator is constantly improving legal support in this part. The quantitative indicators of the number of public associations in the period from 1991 to 2020, registered on the territory of the Russian Federation, have been studied. Results. Summing up the work, it is concluded that public associations, as collective subjects of constitutional relations, are the most important tool necessary to meet the social needs of citizens. Effective interaction of public associations, as collective subjects of constitutional relations, with state structures would make it possible to better implement constitutional interests and ensure human and civil rights and freedoms.

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.

Constitutional social rights in the countries of the European Union. Theoretical provisions and problems of implementation

Introduction. Social rights belong to the second generation of human rights and freedoms, they ensure social security, all-round development of the individual. They are widely represented in the national legislation of the countries of the European Union, primarily in the relevant legislation. However, the same cannot be said about constitutional law, which is associated with different approaches of legal scholars and proven practices in the legal regulation of the implementation of social guarantees in a particular state. The methodological basis of the work was formed by general scientific and special legal research methods. Theoretical analysis. In the scientific European literature there is no single approach to the definition of basic social rights, their essence, types, legal consequences. Moreover, there are fundamentally opposite points of view about the need for their recognition and consolidation at the constitutional level. Thus, the discussion is on in individual states and the European Union as a whole. In the legal doctrine of a number of countries, for example Germany, broad and narrow approaches are used to define social rights. At the same time, at the pan-European level, a broad approach is mainly used, which draws attention to the presence of social guarantees in the Constitutions and, accordingly, state target programs of a social orientation. Empirical analysis. In general, the Constitutions of the EU countries enshrine certain social rights, which may differ in the actual form of their expression in constitutional acts. This form depends on legal approaches, traditions, historical path, economic and political experience of the state. Meanwhile, the point of view about the need to recognize social rights at the highest level, despite the existing criticism, became decisive during their subsequent inclusion in the Charter of Fundamental Rights of the European Union. Results. The working document of the European Parliament distinguishes between three systems for integrating social rights into the Basic Law: liberal (for example, Austria), moderate (for example, Germany) and southern European (typical of Spain, Italy, Portugal, Greece). At the same time, the comparison shows that for the realization of the rights of the second and third generations, constitutional consolidation is not enough; a socio-political consensus is needed, reflected through the normative legal acts adopted by the legislative body. In the European Union, attempts are being made to expand social guarantees, which face the rejection of the concept of unification of social rights by individual member states.

Historical, legal, ideological and political prerequisites for the formation and development of the institution of people’s control in the USSR

Introduction. The controversial nature of most of the aspects related to the content and essence of people’s control, the assessment of its historical role and significance in the system of state administration of the Soviet period, the effectiveness of legal regulation and the political problems of its implementation still arouses a genuine interest of the scientific community in the study of this phenomenon. Theoretical analysis. People’s control in the USSR was both a developed ideological and political concept and a real political and legal institution. The founder of the concept of people’s control was V. I. Lenin, who, in his numerous works, described a clear justification of its relevance in the conditions of socialist democracy. Empirical analysis. It was revealed that the process of development of the institution of people’s control in Soviet Russia was largely influenced by the worldview of the country’s top leadership, which demonstrated polymorphism of opinions on the role and significance of popular control in the system of socialist governance. There are three stages of formation and functioning of the system of people’s control in Soviet Russia, which had their organizational and institutional features. Results. The study of the ideological, political and historical and legal prerequisites for formation of popular control led to the conclusion that popular control was a specific institution characteristic of the socialist type of government. It passed a rather difficult historical path: from workers’ control in the first years of Soviet power to a very complex organizational and institutional system of state and public control in the last decades of the existence of the USSR.

Social movements in the Russian Federation and their participation in elections: Current state and prospects of development

Introduction. The socio-political sphere of the state is the foundation of its democratic development and a prerequisite for longterm state-building. The history of the development of the Russian state testifies to the absence of traditions of the formation of democratic institutions and their development. Social movements in the modern state are the mainstay of the development of the country’s political system and the prerequisite for the formation of new political parties. In accordance with the Federal Law “On Public Associations”, a public movement is a type of public association that has a mass character and pursues social, political and other socially useful goals. Taking into account the peculiarities of the current stage of constitutional and legal regulation of the activities of political parties, it is necessary to consider the issue of expanding the participation of social movements in the socio-political life and in the electoral process. Theoretical analysis. Today, Russia stands on the path of democratic transformation of all state institutions. The institutions of the socio-political sphere of civil society also need this transformation. The activities of political parties in a country with a stable constitutional framework are the basis for the exercise of state power. The functioning party system of modern Russia is not characterized by elements of completeness. Social movements, taking into account the Russian reality, could become a platform for the formation of competitive political parties in the future. Empirical analysis. The analysis of the content of the Federal Law “On the basic guarantees of electoral rights and the right to participate in the referendum of citizens of the Russian Federation” indicates the legal consolidation of such a concept as “electoral association”. This concept is introduced to define the subject of electoral actions in the process of holding elections at various territorial levels. Its content indicates that in the framework of federal and regional elections, these are primarily political parties. In elections to local self-government bodies, such an electoral association may be a public movement, provided that the purpose of participation in the elections is fixed in the statutory documents. Results. The natural process of forming political parties is related to their grassroots level of formation. Today’s Russian party system is in crisis, and small political parties do not enjoy electoral support. It is necessary to create legal conditions for the development of socio-political movements – as an organizational basis for the formation of political parties with stable political programs. The conclusion is formulated that among all the variety of social movements functioning in Russia, one can distinguish such a variety as socio-political movements and provide for their right to nominate candidates for deputies in single-mandate and multi-mandate electoral districts, as well as their participation in the implementation of public control in Russia.

The role of legal (juridical) dictation in identifying the level of legal literacy and legal education

Introduction. Confirmation of the importance of legal education, the need to overcome legal nihilism and increase the level of legal culture was reflected at the official level in regulatory legal acts, primarily in the Fundamentals of State Policy of the Russian Federation in the development of legal literacy and legal awareness of citizens. Currently, cooperation with non-governmental organizations in this direction is actively developing, which opens up new facets. So, for example, the Association of Lawyers of Russia has initiated the All-Russian Legal Dictation since 2017, the scale of which increases significantly every year. Theoretical analysis. The following problems that hinder the high efficiency of educational activities in legal domain are identified: 1) lack of consistency and proper methodological support; 2) risks of social, organizational, financial, economic and regulatory nature; 3) the absence of maps of obstacles to legal education, indicating all possible risks and ways to minimize and overcome them. Results. The main obstacles to legal education, the associated risks, that can be minimized to increase the efficiency of legal education and the level of legal literacy of the population, are highlighted. Recommendations are given to improve such an action as the All-Russian Legal Dictation, as well as to conduct such actions separately by professional communities. One should not neglect the optional objectives, which can also be achieved when carrying out activities of a law-enlightening nature. For example, tasks of the formation and development of the information and communication culture of citizens, which are now at the initial stage of formation, are no less important.

Ideological neutrality and the principle of a secular state in the light of the amendments to the Constitution of the Russian Federation in 2020

Introduction. The existence and development of any society is impossible without its spiritual component, which is closely connected with religion, religious values and ideals in Russia. Despite the fact that in the secular Russian state, the official government remains ideologically neutral to all religions, religious denominations and religious organizations, the state and the Church are converging in the socio-cultural space. Theoretical analysis. The interaction between the state and religious organizations is not distorted and does not diminish the importance of the prinicples of the constitutional order bases – a secular state and ideological neutrality of the state, because the interaction has nothing to do with the implementation of state and religious power, does not affect the implementation of the functions and tasks of the state and the Church. Empirical analysis. For the first time, the Constitution of the Russian Federation, through the amendments made in 2020, enshrined religious values and ideals, faith in God as the spiritual and moral foundations of the historical development of the multinational people of Russia. This became possible due to the expansion of the interpretation of the categories of “ideological neutrality” and “secular nature of the state”. Results. The content of the principle of the secular state and its ideological neutrality is based on the religious presence in the public legal sphere.

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.

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