Law

Features of Legal Regulation of the Constitutional Right of Everyone to Produce Information on the Internet

Introduction. Modern society is undergoing yet another information revolution related to the formation and development of the global information and telecommunication network – “Internet”. In this connection, there is the question of understanding the features of the right to produce information in the Internet space. Theoretical analysis. The author considers the production of information in the 19th century, in the Soviet period and the present. Development of the Internet has greatly simplified the creation and transmissions of information, and, in this connection, the constitutional subjective right to produce information becomes available to everyone. Empirical analysis. The study of legal restrictions on the right to produce information highlights the features that are important for the legal regulation of relevant public relations. Results. The author notes that the relations connected with the right to produce information in the “Internet” network have a number of features, and highlights the following ones: 1) changing methods and accelerating the production of information, the prevalence of a single process of “production-distribution” of information; 2) blurring the boundaries between the private and public information space; 3) heterogeneity of entities engaged in the production of information. The author concludes that the analysis of modern Russian legislation has revealed trends such as the use of indirect restrictions on the right to produce information, as well as the lack of differentiation of legal regulation of the activities of entities engaged in the production and distribution of information in the Internet. 

New Principles of Federalism: Guarantee of Territorial Integrity and Sovereignty of the Russian Federation

Introduction. The article is devoted to the analysis of constitutional and legal regulation of the issues of Russian federalism, namely the preservation of territorial integrity and sovereignty of the Russian Federation. Theoretical analysis. The author considers the main results of developments in the Russian Federation and in foreign states in the sphere of ensuring national sovereignty. The author aso looks at the results of the referendum on independence in individual countries, attempts of introduction of new standards of international law directly limiting the sovereignty of states, the instability of the situation in the socio-political spheres of constituent entities of the Russian Federation, Association of regions, Federal districts. The author formulates the thesis that the problem of preservation of territorial integrity, the sovereignty of our country is particularly relevant and requires elaboration of the mechanism for its preservation and maintenance. Since the scope of legal regulation of this issue in the current legislation is insufficient, the author also proposes the ways of improving the Constitution of the Russian Federation, other normative legal acts in terms of securing new principles of federalism and guarantees of their implementation. Results. The author notes that the creation of a mechanism, that would ensure the preservation of the territorial integrity of Russia and would reliably guarantee the unity of our state, is necessary to preserve the sovereignty and territorial integrity of the state. To this end, the author proposes to include in the Constitution of the Russian Federation the principles of federalism, which could ensure the preservation of the territorial integrity of the state, would become guarantees of state sovereignty in crisis situations. These principles include the following: 1. Ban on holding referendums with separatist issues. 2. The possibility of direct presidential rule. 3. Prohibition of secession including unilaterally. 4. The principle of the supremacy of national legislation. It is also necessary to provide a mechanism to defend their rights in the international arena, to exclude the mandatory application of the decisions of international organizations that threaten state sovereignty.

Categories of “Abolition” and “Derogation” of Human and Civil Rights and Freedoms in the Constitutional Doctrine of Modern Russia

Introduction. The specifics of the current stage of development of the state gives rise to the need for more and more efficient operation of one of the main legal mechanisms – the prohibition of the publication of laws that abolish or derogate the rights and freedoms of man and citizen, which is established by Part 2 of Art. 55 of the Constitution of the Russian Federation. Despite the recognition of a person, his or her rights and freedoms as the highest value, the current legislation does not answer the question about the content of the categories mentioned in it. Overcoming the uncertainty in understanding the “abolition” and “derogation” of the rights and freedoms of man and citizen is the goal of this study. Theoretical analysis. The author makes an attempt to study the categories of “abolition” and “derogation” of the rights and freedoms of man and citizen from the point of view of the history of their emergence in domestic constitutional legislation. The article emphasizes the relationship between the linguistic meaning of these categories and their interpretation by legal scholars. Each of them is found not only in the Basic Law of the country, but also in federal regulatory legal acts. Empirical analysis. The author analyzes a number of legal positions of the Constitutional Court of the Russian Federation, and the norms consolidating the immanent limits of human and civil rights. Results. The article considers the definition of constitutional categories of “abolition” and “derogation” of the rights and freedoms of man and citizen: the abolition of the rights and freedoms of man and citizen represents the cessation of their effect, derogation is to belittle the value and decrease the value of rights and freedoms for current legislation. The author identifies the main forms of the abolition and derogation of the rights and freedoms of man and citizen: annulment of laws and laws enshrining rights and freedoms, giving retroactive effect to a law that worsens the situation of citizens; discrimination, excessive, indefinite, disproportionate restriction of rights and freedoms, etc. 

Essence of Freedom of Mass Information in the Constitutional Law of Russia and Germany

Introduction. Freedom of the media is one of the indicators of the level of development of democracy in a particular state, including the Russian Federation. In order to achieve a real democratic regime in modern Russia, the need for creation of an effective framework for the implementation of constitutional freedom of the media arises. However, despite the high importance of the unhindered circulation of information in society, the concept of media freedom is currently poorly developed in Russian legal science, in contrast to German legal thought. Theoretical analysis. The definition of the essence of freedom of the media today is comprehensive. Freedom in question is at the crossroads of constitutional law, philosophy, political science and sociology. A significant problem is the definition of the nature of freedom of the media as a special case of constitutional freedom. Nevertheless, the establishment of the concept of this freedom seems necessary in order to ensure the normal development of democratic institutions in society and the degree of possible influence of public and private institutions on them. Empirical analysis. The most significant problems in determining the essence of freedom of the media in Russia and Germany are the determination of its relationship with other constitutional freedoms, which are stipulated in the legislation of the countries in question. The most important thing is to determine the relationship between constitutional freedom of the media with freedom of the press and freedom of information in the constitutional legislation of the Russian Federation and the Federal Republic of Germany. Results. On the basis of Russian and German legislation, as well as the views of prominent scientists, it is proposed that the mass media should be understood as individual’s ability, unconditioned by anyone and anything, to be a subject of mass processes of information circulation. In addition, it substantiates the need to separate the concepts of freedom of the media from its closely related freedom of the press and freedom of information.

Constitutional and Legal Regulation of Gifted Children Education in the Russian Federation

Introduction. This article discusses the most relevant issues of gifted children education in basic and additional general educational programs. It focuses on constitutional and legal regulation of gifted children education in the Russian Federation. Discussion. The article explores the category of gifted children, reveals its essential characteristics and specifics of consolidation in national legislation. The authors analyze norms of political and legal documents and legislation in the field of education of the Russian Federation. The norms regulate the organization of gifted children education, children’s participation in olympiads, creative contests and other events. The experience of a number of foreign countries is studied in terms of obtaining education for gifted children including peculiarities of identifying and supporting talented children. Conclusion. The authors determine the necessity of creating a special system for identifying and supporting gifted children in mathematics, physics, history, drawing, music, etc. Furthermore, a comfortable environment for the manifestation, development, stimulation of children’s abilities, and training (retraining, advanced training) of teachers are also in need.

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”.

The Role of Business Associations as Civil Society Institutions in the Implementation of Public Control in Russia

Introduction. The issues of participation of public associations of entrepreneurs in the process of public control in Russia are poorly investigated. The author analyzes the powers of these nonprofit organizations in fulfilling the goals and objectives of public control, identifies the effectiveness of their activities in this area. Theoretical analysis. Public control is the inherent condition for the effective development of all spheres of life in a democratic state and civil society. Studying the norms of Russian legislation governing public control, the author notes the limited circle of its actors. As for public associations, they, according to the current legislation, are not subjects of public control, but only its participants, endowed with separate powers. Only some of these organizations have been granted additional rights in the field of public control (for example, public consumer organizations). Public associations of entrepreneurs are not among these organizations, despite the declaration of the possibility of participation of public associations in other forms of public control in the Federal Law “On the Basics of Public Control in the Russian Federation”. Empirical analysis. The author analyzed: materials of judicial practice on issues related to the possibility of challenging public associations of entrepreneurs with decisions and actions of state and other bodies and organizations; reports on the activities of public associations of entrepreneurs with a view to fulfilling the functions of public control. Results. The author proposes to amend the current legislation regarding streamlining and expanding the rights of public associations of entrepreneurs in the implementation of public control. It is necessary to recognize public associations as subjects of public control; provide the opportunity to file lawsuits with the All-Russian public associations of entrepreneurs in order to protect the rights and legitimate interests of their members; consider the possibility of creating an advisory body to the Federal Assembly of the Russian Federation and the government of the Russian Federation, consisting of members of business communities, representatives of workers.

Creation of the Federal State (Comparative Historical and State-studying Analysis)

Introduction. International turbulence and instability of state policy that took place during the last decade of the global financial and economic crisis put forward supplements to research approaches to federalism. The comparative historical and state-studying analysis of federalism is becoming relevant. Theoretical analysis. It is revealed that the division of federations into contractual and constitutional ones is relevant only for studying the process of federalization, but not for the functioning of the federation. These conceptual categories reveal neither the essence of federalization, nor the content of federalism. Federalization is a complex process of establishing a federal state, which includes long-term prerequisites and short-term reasons, stages of proto-federalization. Empirical analysis. The comparative historical and state-studying analysis of the process of creating a federal state is carried out. Results. The comparative analysis of the establishment of federal states reflects practical and theoretical significance. As a result of the completion of this process, a system of constitutional-legal and socio-political coordinates is laid, the foundation of state and administrative traditions is created. The more prepared this process is from the beginning, the greater the chances for it to develop successfully are. On the contrary, the immaturity of its initial conditions can lead to certain setbacks, slow development. 

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.

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