Politics and Society - rubric Main human rights and liberties

Abstract: The issue of the key principles of legal status of an individual and of a citizen is a key issue in theory and practice of statehood. Since Russia is now entering the global community and implements progressive democratic reforms, there’s also need to find a new approach to human rights, to reevaluate the correlation of the Russian state and individual. This article by A.G. Gadzhiakhmetova is devoted to history of the institution of citizenship in the Russian law in XX century.

Abstract: Human rights are currently declared as a key goal and greatest value of the state. Formation of a jural state in Russia is complicated, and it is very important to choose a right strategy, to take into account cultural, national and historical specificity of our state and its legal system. The concept of human rights, along with the concept of jural state are cornerstones for the political and legal ideology of the modern state. Keywords: jurisprudence, rights, human rights, protection, people, basic, state, liberalism, globalization

Abstract: What are the rights to land for the indigenous small peoples in Russia? What is the basis for their right to use their land in the traditional ways, and what are limitations to them? These are some of the issues, that are raised in this article. Keywords: jurisprudence, indigenous peoples, small peoples, territory, use of environment, compensation, harm, tradition, basic environment

Abstract: This article is devoted to international legal acts on the issue of land rights of indigenous minorities to use of the lands where they traditionally dwell, which form the basis for the Russian legislation on this issue. Keywords: jurisprudence, norms, principles, international law, nature management, indigenous peoples, natural resources, harm, compensation, ownership

Abstract: This article is devoted to right of minors to freedom of conscience and freedom of religion, and limitations to these reights under Russian and international legislation. Keywords: jurisprudence, law, freedom, minors, juveniles, conscience, religion, constitution, convention, law

Abstract: The experiment on formation of the state system of free-of-charge legal help to poor people, which was started by the Government of the Russian Federation in 2005, still continues. The experiment caused lively disputes both in Russian and in foreign legal publications, and the evaluations of the experiment and the need to use it in the all-Russian scale were quite opposite. The article is devoted to the problems in the activities of such Bureaus, which were formed as part of this experiment. Keywords: jurisprudence, free-of-charge, legal, help, state, bureau, poor, person, SLB

Abstract: Review: the article is devoted to enforcement of the right of citizens to premises, declared in the Constitution of the Russian Federation 1993, and the actual problems arising when administrating housing legislation and corresponding executive orders. Key words: Constitution of the Russian Federation 1993, right to have premises to live in, premises

Abstract: The article is devoted to studying particular questions arousing in the sphere of international cooperation between criminal justice authorities.

Keywords: studies of law, history of international cooperation in the sphere of criminal court proceedings, legal assistance in criminal matters, extradition of the criminal, request for legal assistant, criminal process, institution of political asylum, internatio

Abstract: The article is devoted to the legal content of the general legal principle of the formal certainty of law in accordance to the conclusions of the Constitutional Court. This principle is viewed as a certain standard of international law and a requirement for a lawgiver and legal practitioner. The author fully analyzed concrete examples of using this principle in the form of the principle of certainty regulating the human rights and freedoms. The author also studied how the principle of the formal certainty of law is used in human rights work held by the Constitutional Court of the Russian Federation.

Keywords: studies of law, constitution, rights, protection, certainty, law, human, justice, law enforcement, interpretation

Abstract: Based on the biographies of the three leading experts on social problems of women (Webb, Bosanquet and Adams) the author makes an attempt to describe the process of formation of the feminist doctrine as a social phenomenon. The author analyzes the main stages of the process and describes the conceptions of the three authors mentioned above

Keywords: social studies, feminism, women’s movement, problem of poverty, under-class, charisma, intellectual baggage, innovation, labor activity, ‘women’s memory’

Abstract: The article analyzes international law regulation of rights of owners and victims of confiscation of property proceeded from crime. The author considers the two models of international cooperation: juridical comity and disposal of property which is subject to confiscation, to the challenging state

Keywords: studies of law, international cooperation, confiscation of property proceeded from rime, recovery of property, compensation, victims, service of juridical documents delivered to those who are concerned by provisional measures and conf, judicial co

Abstract: The article is devoted to study of implementation of human rights protection function of the Prosecution of the Russian Federation within the mechanism of civil judicial procedure. Much attention is paid to the problems, arising when claims are brought in the interests of citizens, and the possibilities to solve them.

Keywords: jurisprudence, prosecution, human rights protection, social rights, claim, respectable reasons, invalidity, disability, underage, retirement age, undefi ned group of persons

Abstract: The author discusses the issue of application of amnesty to the category of persons, as defi ned in Art. 97 of the Criminal Code of the Russian Federation, to whom compulsory medicinal measure may be applied. The author analyzes criminal law and criminal procedural law on the issue, and then establishes the position that it is not reasonable to apply amnesty to such persons.

Keywords: political science, amnesty, limitation, freedom, responsibility, punishment, medical treatment, mentally competent, mentally incompetent.

Abstract: The article views the problems connected with provision of the constitutional rights for education. The author analyzes the current state of the problem, describes the defects and collisions of the current law on education and considers international law acts on education. The author also analyzes how the law on education correlates with the other rights of the RF citizens. The article shows possible solutions of these modern problems.

Keywords: studies of law, state institution, citizens, law, right, freedoms, Constitutions, guarantees, education, agency

Abstract: Social and humanitarian sciences have traditionally been interested in the institution of education for quite a long time. However, this institution is actively developing now and obtaining new functions and meanings for human and society. This is the topic this article is focused on.

Keywords: social studies, education, quality, functions, sociality, humanism, professions, qualification, traditions, education

Abstract: In this essay the author considers the questions of restraint of freedom of expression, freedom of conscience from the point of view of experience and practice of the European Court of Human Rights. According to the author, proper recording of experience in suppression of dissidence can influence the current human rights and freedoms.

Keywords: studies of law, freedom of expression, European standards, ECtHR practice, freedom of conscience, ECtHR, extremism, dissidence, The European Convention for the Protection of Human Rights and Fundamental Freedoms, human rights and freedoms

Abstract: The Russian feminist movement has certain value systems, needs and dispositions. The author of the article views various trends of women’s non-governmental organizations over the past two decades from the point of view of the ideas forming the ideology of this feminist movement. The author also makes an attempt to mark some tendencies of its development.

Keywords: political science, feminist movement, gender, feminism, social movement, women’s organization, modern Russia, civil society, socialization of women, democracy

DOI: 10.7256/2454-0684.2013.6.8077

Abstract: In the modern science more and more quantity methods are being applied to the studies of the political institutions. The authors of this article point out that one such method – the content – analysis has a great potential for political studies. The authors develop their ideas using French legislation as an example.

Abstract: This article by S. Buryanov is devoted to the key topics, which were being discussed at the roundtable “The problems of freedom of conscience in science and education”, which took place on May 19, 2005 at the Moscow State University, and was organized by a number of respectable organizations, such as the Institute of Freedom of Conscience…

DOI: 10.7256/2454-0684.2020.3.33283

Abstract: This article explores the development of health insurance system in China over the period from 1978 to 2001. The author reviews the implementation of market mechanisms in health insurance system; provides statistical data on the number of insured persons residing in the city or rural localities. Analysis is conducted on legislation that regulates insurance activity in the sphere of medicine. The conclusion is made that the implementation of such systems affected by migration from rural to urban areas led to imbalance in the quality and availability of medical services. It is noted that despite the efforts of Chinese authorities, health insurance system did not expand neither the number of insured rural or urban residents; dependence of the level of medical care on the level of salaries led to segregation of rich and poor citizens. The employees with insufficient salary level were trying to reduce the cost treatment, as it partially compensated from their personal savings, which also led to severe sanitary consequences. Therefore, the implementation of market mechanisms in health insurance led to inequality of the citizens with regards to availability of medical services.

Keywords: market economy, reform, social security, КНР, socialist modernization, health insurance, history, China, economy, peasants

Abstract: The freedom of the mass media is quite broadly provided for both in international legal documents and in the Russian Constitution. This rights includes the freedom to hold to one’s opinion, and the freedom to receive and to spread information without any interference from the state. However, at times the freedom of mass media can be limited. Elections can be one example of the conflict of various rights..

Abstract: Crime at the prisons and similar detention centers has certain specific features, which vary during different historical periods. Some of these specific features are obvious and they give the “national style” to crime. For example, such features are Russian criminal jargon, tattoos, criminal traditions, means of committing crimes, spheres, where crimes are committed. M.V. Eleskin provides a five-piece periodization.

Abstract: The peace treaties of Russia and Bysanthium are valuable sources of international law, which provide us with information on social, political and economic ties between these states. Russia, which enjoyed vast material and cultural resources, held a prominent place among the countries of Europe and Asia, and the treaties of the Xth century had their say in the international policy between the two above-mentioend states. Moreover, while many scientists classify such treaties as commercial treaties, as the author of this article points out, there was more to them, than just commerce…

Abstract: This article contains analysis of polysistemic crime-related personality study within the framework of procedural status of any particular person and procedural limitations in accordance with the Criminal procedural code of the Russian Federation. Author has studied a number of important factors, classified participants of criminal judicial procedure by their procedural status and their availability for personality study. Author set key goals and issues, provided relevant statistics. The article also contains analysis of a number of procedural situations, which are resolved based on personality studies, general and specific models of limits of personality study within criminal procedure.

Abstract: A wish to live in a civilized state does not necessary presuppose the need to go abroad and leave Russia. In any case, we remain essentially Russian, and no one can make us Americans or Germans. However, the question is how to protect our best qualities: our spiritual values, kindness, patience, readiness to help other people, while teaching us to be responsible and careful, to take initiatives an to abide by law? How to make us respect the rights of the weak, of the national minorities, and, generally, the right of people to life? In other words, the central issue of this article is how to enter a civilized world community and keep our Russian spiritual values?

Abstract: The societies of the mountain-dwellers of the Northern Caucasia in the first half of the XIX century became subject to introduction of specific political and administrative institutions, aimed at study, police control and indirect management of these territories. These measures formed the basis for the administrative and political sphere of the Northen Caucasia region of the Russian Empire. The police system, in spite of its imperfections, played an important role in management of the region, and the foundations were layed for the transformation of the region in future. However, the then-existing system was only good as a temporary measure, and by the end of the Caucasia war it lost its efficiency and stalled operative management of the region.

Abstract: The article deals with the problematic issues related to the legal regulation and practical implementation of such preventive measures in the criminal process as mortgage. Particular attention is paid to the specifi cs of the implementation of this measure and the associated complexity of its legislative support due to proprietary nature mortgage. In particular, the article includes opinions of different scientists about what kind of property can be included in the subject of mortgage, with the result that it became possible to highlight the key criteria as an ease of expropriation, the possibility of long-term storage, ease of valuation, the immutability of the cost over the long period of time. Authors substantiates the inappropriateness of use real estate as collateral in a criminal trial due to the complexity of legal procedures for its expropriation and the high probability of civil disputes. The article raises the question of the possibility of the mortgagor to abandon previously adopted commitments and demand the return of collateral. It is noted that as the reason of failure of the collateral requirements and its return shall be accepted only valid reasons related to the behavior of the accused (suspect) or with the onset of the objective circumstances of the properties that do not allow the depositor to control the conduct of the accused (suspect).

Keywords: studies of law, mortgage, defendant, suspect, investigation, relationships, money, securities, coercion, alienation

Abstract: As the authors of this article point out, the instability and conflict potential are inherent to the very form of political system of the Russian Federation. The doctrine, which this system is based upon, states that certain ethnical entities are the subjects of power. However, constitutional provisions on specific status of various ethnic groups and national and territorial status of various subjects of the Russian Federation (Republics, autonomous districts, autonomous oblasts) lead to competitive relations among various status groups, aiming to achieve for their ethnic groups the highest status possible (first of all, the status of a Republic). This article contains evaluation on various levels of conflicts (including an example of the Republic of Dagestan), of peculiar features of the federal relations within the Russian Federation, as well as of the measures, aimed to stabilize the situation.

Abstract: This article is devoted to the analysis of the correlation between the provisions of the Constitution of the Russian Federation, the constitutions of its subjects and provisions of labor law on non-discrimination of women in the sphere of labor. The author studies existing problems and gaps in the law, evaluates current general policy and practical problems. As the author notes, analysis of the National plan of activities aimed to improve the position of women and their role in the society for the years 2001 – 2005, as adopted by the Government of the Russian Federation, gives us little hope that in the year 2005 the position of women in Russia in the labor sphere shall be subject to a positive change. The Plan does little to deal with vertical and horizontal segregation of women, to overcome inequalities related to the ratio of men and women in certain professions, to smooth over the regional differences in the economic activities of men and women, their incomes and salaries.

Abstract: The article defi nes the circle of persons liable for dissemination of inaccurate and discrediting information depending on the form of dissemination of such information, including providing information on the Internet. Considerable attention is paid at the grounds of responsibility for distortion of business reputation as well as terms for releasing from such responsibility. The author also touches upon the issue of determination of the period of limits of action with regard to cases of protection of business reputation.

Keywords: law, dissemination of information, discrediting information, inaccurate information, uncertain estimate, responsibility for dissemination of information, dissemination of information on the Internet, limitation of actions, right of reply, right of refutation.

DOI: 10.7256/2454-0684.2017.11.24830

Abstract: The subject field of this research is life as the social value from the perspective of the modern scholars in humanitarian sphere. The authors examine the problem of value of the human life based on the scientific works of philosophy, sociology, and law that comprise a single ethical discourse. The article traces the attitude of society towards the value of human life, beginning from the period of Antiquity until the current situation in culture accepted as the situation of postmodern, when in society takes place the distortion of spiritual values, shift of the value system towards the utilitarianism, destruction of the traditional social ties that led to the phenomenon of atomization of personality. The main conclusion of the conducted research lies in the following thoughts: the necessity of presence in society of the important sociocultural idea that derives from the spiritual content of collective consciousness; the need of government participation in the process of establishment of spiritualty and ethical education of the oncoming generation; need for the rigorous support of the principle of human dignity, without which human life is devaluated. Realization of irrevocability of human life is an essential condition and ideological foundation for functioning of modern society, state, all of its structures, institutions, and organizations.

Keywords: health, moral, immortality of soul, spirituality, philosophy, death, value of life, human resource, right to live, state

Abstract: This article by Professors H.M. Dumanov and A.I. Perschits contains an evaluation of various forms of primitive exploitation, such as home slavery, various ways of exploitation of community members by the community members of the higher status, payment of tribute. As the authors note, all of these forms of primitive exploitation can be found in various societies of Melanesia Tropical Africa, South and North America, and Northern Siberia, which are at the same level of social and economic development - the time when the primitive communal order starts to disintegrate, so the issue of the historical correlation of these forms of primitive exploitation is quite topical.

DOI: 10.7256/2454-0684.2016.1.16610

Abstract: The subject of this research is the relationship between poverty and human rights, including constitutional. The author examines such aspects as supposition that poverty is the violation of human rights; correlation between the phenomenon of poverty and human rights violations; rejection of human rights in case of poverty. A special attention is given to the poverty in the context of need to ensure the protection of human rights; effect of discrimination upon poverty; interconnection between democracy and poverty; participation of poor population in democratic processes. Scientific novelty consists in determination of the symptoms of poverty and failure of state of wellbeing (social state) in implementation of social policy. The author’s main contribution into this research is the study of the opinion of a number of international political figures and international organizations with regards to the interrelation between the phenomenon of poverty and violations of human rights. The main conclusion is the goal of creation of wellbeing state, concept of such state and its relation with poverty, democracy, and constitutional human rights.

DOI: 10.7256/2454-0684.2016.1.54509

Keywords: Poverty, Human rights, Constitutional human rights, Alleviation, Reduction of poverty, Liquidation of poverty, Discrimination, Wellbeing state, Democracy, Social wellbeing

Abstract: This article by S.A. Pravkin is devoted to the study of changing legal forms and institution of enslavement (serfdom), within the context of enslavement and liberation of classes theory by S.M. Soloviev. The author also evaluates the works of V.O. Klyuchevsky, as well as a number of other scholars.

Abstract: Based on the comparative analysis of constitutional legislations in the Russian Federation and post- Socialistic States of Europe, the author of the article specifi es the place of judicial authorities in the system of state protection of human rights and freedoms. The author describes the forms of organization of judicial authority and their infl uence on the results of human rights work performed by the courts. The article also analyzes the principles of court proceedings and their implementation in court practice when presiding cases of violation of human rights by state and self-government authorities.

Keywords: studies of law, judicial, protection, rights, human, comparative science of law, judicial system, constitutional principles, effi ciency.

Abstract: The article is devoted to the research of claims for protection of rights and legal interests of general public different from traditional claims for protection of rights of a concrete entity. The author of the article proves that a direct asset to be protected when proceeding a claim for protection of rights an interests of general public is the interest of the society in implementation of certain policy including tax policy aimed at protection of life, health and well-being of citizens in the first place.

Keywords: studies of law, claim, general public, taxes, disputes, taxpayer, rights, interests, protection of rights, social interest.

Abstract: This article is aimed at studying the process of defense of creative works by the means of self-defense and judicial settlement of restoration of violated rights. Legal defense is carried out taking into account previous researches and experience in this sphere and summarizing concepts concerning the infl uence of legislation on legal defense of creative works. Emphasis is made on improvement of relevant legislation taking into account the stable element of the legal defense system. It would make it easier to interpret and implement legal acts and raise effi ciency of legal defense of exclusive rights.

Keywords: legal defense, exclusive rights, intellectual property, results of creative activity, variety of intellectual properties, ways to reinforce the system of legal defense, restoration of violated rights, means of legal protection, methods of legal defense.

Abstract: What shall the world of the future be like? Shall it be religious or godless? Ever since the Age of Renaissance the process of secularization actively developed, but it seems that now the pendulum swung to the opposite direction. The world turned its face to religion, and the sociologists call this tendency “return of gods”. The rationalistic tradition is severely criticized and the interest to religions is keen. The religious boom includes rechristianization, reinduization and reislamization of the world. New fundamental movements are born, and their nature is dubious. The American sociologist S. Huntington once warned the humankind that the modern world shall face the oppositions of civilizations, based upon different religions…

Abstract: This paper presents the perspective of the EU accession to the European Convention on Human Rights and its infl uence on the relations of the judicial bodies of the EU and of the Council of Europe. Author thinks that the accession of EU to the Convention will fi x a hierarchical relation between the judicial bodies of the EU and of the Council of Europe, which exists already. This hierarchical relation was built on the normative submission of the European Court of Justice to the jurisprudence of the European Court of Human Rights.

Keywords: European Union, European Convention on Human Rights, Council of Europe, European Court of Justice, European Court of Human Rights, judicial bodies cooperation, hierarchy, competence, judicial control.

Abstract: The article is devoted to the problems of participation of Russian Federation citizens in a local law-making process. The author analyzes the legal nature, values and democratic principles and legal mechanisms of implementation of this form of participation of citizens in state administration.

Keywords: studies of law, law, state institution, law-making, participation of citizens, Russian Federation constituent, Russian Federation, powers, democracy.

Abstract: Today the institution of bankruptcy is an essential attribute of market economy. From the point of view of the economic theory, the institute of bankruptcy is a part of the system of determinatin and defense of the property rights within the framework of market ecnomy. It regulates the system of industrial relations through establishing the procedure for disosing and creating the property rights for industrial facilities. Bankruptcy is some kind of an indicator of inefficient distribution of property rights. It shows inability of a particular owner to perform its economic function in the general system of economic relations. The process of elimination of such an inefficient owner and replacing it with a better and moer successful one is a part of the successive evolution of open market economy. Therefore, the institution of bankruptcy ensures marketability and economic growth of national economy and stabilizes economic relations. Morever, the institution of bankruptcy is some kind of a legal economic mechansim of a company’s reformatno and a mechanism of development of a more efficient distribution of property. Constant opportunity to get bankrupt is a powerful motivation for a more efficient work of all enterpreneurial structurs and substructures. It is the warranty for both creditors and a state institution as a market regulator.

Keywords: social sudies, bankruptcy as an essential attribute of market economy, main features of the bankruptcy system, bankruptcy as an element of the system of property right defense in market economy, bankruptcy as a legal economic mechanism of a company ’s reformation, bankruptcy models in Germany, Great Britain, France and USA, bankruptcy as a form of political and economic pressure on a company from a government in Russia, bankruptcy procedures as a form of fair disposal of residual assets of a bankrupt person or corporat, fair bankruptcy and penalty procedures for those who violate the law, main goals of the bankruptcy procedure.

Abstract: The article shows a legal essence of rights of disabled people in the constitutional law system of the Russian Federation.

Keywords: Institute of guarantees of rights of invalids. Constitutional law system of the Russian Federation.

Abstract: The article is devoted to the problem of improvement of mechanisms of protecting intellectual property. The author of the article describes the theoretical and legal grounds for the need and possibility of creation a specialized patent court as the key element in forming an effective system of protection of intellectual activity. The other element of this system is the pre-trial mechanism of protection of intellectual property. Special attention is paid at the prerequisites of legal and economic nature as well as the study of foreign experience and its projection of the Russian legal reality.

Keywords: studies of law, law, court, patent, intellectual, property, protection, reformation, pre-trial, mechanism.

Abstract: The study is devoted to the analysis of Internet voting as a form of elections. The purpose of this study is to make it possible to implement the system of Internet voting during elections in the Russian Federation. The author of the article tries to achieve the following tasks: -gives defi nition of the Internet voting; -analyzes international and Russian experience in such elections; - defi nes pluses and minuses of the Internet voting. In order to solve these tasks, the author analyzes the Russian and foreign mass media as well as regulatory documents, in particular: Constitution of the Russian Federation, Federal laws such as: On Basic Guarantees of Voting Rights and the Right for Participation in the Referendum of Citizens of the Russian Federation, On Electing Deputies of the State Duma of the Federal Assembly of the Russian Federation, On Elections of the President of the Russian Federation, decrees of the Central election commission of the Russian Federation and international documents such as: Guides on Legal, Organizational and Technical Aspects of Electronic Voting and Guides on Electronic Democracy. In general, this study is a research of Internet voting based on comparison of various experiences of its implementation. The results of the study prove the expediency and relevance of activities performed by the Central election commission of the Russian Federation. In order to implement this form of elections, it is necessary to develop and legalize regulatory acts allowing to use Internet during elections. In order to create the system of Internet voting, it is necessary to attract a great number of qualifi ed employees. It is also very important to take into account German experience which used state institutions and regular universities for creation and testing of the system of Internet voting. It is also desirable to perform pilot projects of Internet voting abroad, in the fi rst place, in countries with high population of the RF citizens which traditionally demonstrate low percent of voter participation (Germany, USA, Israel). It is also desirable to continue pilot projects to a wider extent inside the country and perform them in a greater number of the Russian Federation constituents. All these measures would allow to increase the number of voters and enable all RF citizens to participate in elections disregarding their location.

Keywords: studies of law, elections, voting, remote, electronic, Internet, survey, pilot, certifi cation, security.

Abstract: The article shows the constitutional international law enforcement of guarantees of rights of invalids in the Russian Federation.

Keywords: Constitutional and international law, enforcement of guarantees of rights, disabled, Russian Federation.

Abstract: The article presents one of the most applicable ways of protection of copyright and related rights – civil-law. The author considers features and especial lines of concepts “protection” and “security”. Much attention is paid at the concept of ‘major damage’. The ‘major damage’ is an evaluative dimension. In most cases this dimension is defined in court.

Keywords: protection, protection, the judicial claim, damage compensation, the property, non-property rights, civil-law and criminal protection of legal owners.

Abstract: The article is devoted to one of the forms of exclusive right appointment prescribed by the 4th part of the Civil Code of the Russian Federation in the sphere of intellectual property and entrepreneurship – agreement on the alienation of the exclusive right.

Keywords: studies of law, exclusive right, agreement, trade mark, alienation, service mark, assignment, registration, contract of beneficence, holder of right.

Abstract: The article is devoted to the role of European court in the mechanism of protection of rights and freedoms of human and citizen. The author analyzes the international and legal legislative acts on protection of rights and freedoms through the system of international justice. The author makes an attempt to cast light on current issues of implementation of the European Court decisions, enforcement of responsibilities of the Russian Federation to comply with the human rights as well as to trace further tendencies and development of mechanisms of protection of rights and freedoms where the Russian citizens play an important role, too. It is concluded that the main task of the Russian state institution is not to ‘avoid’ sanctions but to make the human rights legislation comply with the international standards.

Keywords: studies of law, constitutional, mechanism, protection, right, human, European, court, decision, appeal.

Abstract: The article is devoted to the subjective content of a credit agreement in accordance with the civil law regulations. The author analyzes the main approaches to the subjects of credit agreements. Special attention is paid at legal requirements for a creditor as a subject of a credit agreement. The author also gives recommendations regarding determination of bank crediting in practice.

Keywords: studies of law, bank credit, crediting, loaner, lender, bank, credit establishment, agreement, responsibility.

DOI: 10.7256/2454-0684.2014.2.5157

DOI: 10.7256/2454-0684.2014.2.54189

Abstract: The article is devoted to the problems of minimization and prevention of gender violence. The author analyzes political, social, legal, psychological and other methods of preventing or suppressing violence against women. The author also offers certain approaches to solving this issue and defending women against gender and domestic violence.

Keywords: legal studies, gender violence, woman, man, domestic violence, legal assistance, minimization of violence, victim of violence, women’s rights, crisis intervention centers.

DOI: 10.7256/2454-0684.2013.2.54029

Abstract: The article discusses main questions of relevancy of the credit agreement to various categories of contractual obligations in the Russian Federation. The author carries out the comparative and legal analysis of the credit agreement with the loan agreement, and also applications to the credit agreement of designs of the contract of accession, publicity and rendering services.

Keywords: contract, credit, loan, service, public contract, consensual, accession contract, consumer credit.

DOI: 10.7256/2454-0684.2013.2.54030

Abstract: This article gives a general overview of Residential Building Co-Investment Agreements, the latter being a type of investment agreements based on civil law. The author of the article also descries particular rights and obligations under a Residential Building Co-Investment Agreement and analyzes laws and documents regulating this sphere as well as judicial practice. As a result of the study, the author concludes that Federal Laws on building co-investment have considerably regulated any issues that may arise in connection with legal regulation of investment activities in residential development and promote stable relations between tenant builders and equity partners.

Keywords: residential building co-investment agreement; investments; investment activity.

DOI: 10.7256/2454-0684.2016.3.12703

Abstract: The scientific research of the problem of personal dignity is widely spread. This article reviews dignity as the origin of the majority of legal principles, including the principle of personal autonomy, which to the most extent reflects the essence of the aforementioned anthropological phenomenon. The author suggest to review autonomy, which is generally understood as self-regulation of a person based on the moral and ethical dogmas and ability to make independence choice, as a main idea of the concept of interrelations between person and state. Ensuring the security of personal autonomy, by analogy with dignity, is proposed to acknowledge as responsibility of government. The article contains conclusions about the existence of a serious issue of personal realization in the modern society, threats to the inner self-identification of an individual, as well as development and application of volitional qualities with regards to free choice. The author suggests accepting the principle of personal autonomy that is directly based on dignity, and at the same time concretizes its separate types of state legal influence, the goal of which is to secure the personal development and protection of its psychological resources for the unsanctioned influence.

Keywords: Identity, Constitutional principles, Dignity, Autonomy , Subjectivity, Moral autonomy, Freedom, Expression of will, Individualization, Security

DOI: 10.7256/2454-0684.2016.3.54534

Keywords: Identity, Constitutional principles, Dignity, Autonomy, Subjectivity, Moral autonomy, Freedom, Expression of will, Individualization, Security

DOI: 10.7256/2454-0684.2013.6.54086

Abstract: This work offers several propositions, intended for the optimization of criminal procedure Law at the preliminary investigation stage from the point of view of the legal representative in terms of evidence-gathering. Analyzing scientific points of view on the issue at hand, effective Laws and current legal practice, and using analogy and historical experience, the author concludes that the creation of a new institute of criminal procedure Law – the institute of procedure-related actions of the legal representative; and the implementation of which into Criminal procedure Law, is a necessity. This construct will allow to regulate the new institute in Russian Criminal Procedure code, and to regulate the conditions and forms of the legal representative’s procedure in information-gathering. This article offers a scientific approach, which would allow the legal representative takes part in evidence-gathering, while assisting the investigator, or the Court by gathering, its procedural consolidation and its presentation to proper personnel. Using this approach in criminal procedure will allow for a broad and objective research of the crime scene and ensure due process in modern criminal procedure.

Keywords: Jurisprudence, criminal Law, evidence, proof, means for evidence-gathering, legal representative, incriminatory lean, equal rights of prosecution and defense

DOI: 10.7256/2454-0684.2013.7.5001

DOI: 10.7256/2454-0684.2013.7.54098

Abstract: The article is devoted to the relationship between human rights activities and implementation of the principle of rights and freedoms of man and citizen in the criminal justice process. The author of the article studies activities performed by the Human Rights Commissioner and implementation of European standards of the human rights protection.

Keywords: law studies, mechanism, security, protection, human rights, victim, violation of law, crime, explanation, guarantees.

DOI: 10.7256/2454-0684.2013.7.2516

DOI: 10.7256/2454-0684.2013.7.54099

Abstract: The article contains a comparative analysis of the main standards of international human rights laws and Russian constitutional legislation. The author evaluates the level of development of the human rights system in the Russian Federation.

Keywords: political studies, Constitution, human rights, Russian Federation, international law, European Convention on Human Rights, death penalty, civil society, federal laws, principles.

DOI: 10.7256/2454-0684.2015.10.16416

Abstract: The subject of the study are the problems of legal regulation and protection of the human right to a favourable environment. The article considers different aspects which allow to define the right to a favourable environment either as a main human right or as an interest protected by the law. In particular, the author refers to the question of whether it is possible to contest the decisions of the authorities that violate the right to a favourable environment. The article considers the position of the right to a favourable environment in the hierarchy of ecological and legal norms. The author points out considerable gaps in the existing environmental legislation, which does not contain a clear description of the content of this right, or any ways to protect it. The study used both general and particular methods of scientific knowledge: dialectical, formal-logical, formal and legal, comparative legal. The analysis of the content of the right to a favourable environment allows to draw the conclusion that in positive law it has a form not of a subjective right, but the one of a legally protected interest. The author draws attention to the necessity to improve the methods of legal protection of this right, as well as to enlist various authorities to participate in this process.

Keywords: environmental interest, human rights, ways of protection, right to protection, legitimate interest, subjective right, favourable environment, environment, environmental law, judicial protection

DOI: 10.7256/2454-0684.2015.10.54468

DOI: 10.7256/2454-0684.2014.12.13823

DOI: 10.7256/2454-0684.2014.12.54319

Abstract: The topic under research is the general trends in the development of the paradigm of intellectual rights in terms of international human rights law. The author of the article proves the difference between the author’s right to legal defense as one of the human rights and intellectual rights as part of the positive law. A the analysis of the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights demonstrates, the research of regulation of intellectual rights from the point of view of the human rights allows to define and examine the problem of the balance of authors’ and society’s interests in general. The main research method used by the researcher for studying general trends in the development of the paradigm of intellectual rights is the comparative law analysis allowing the author of the article to examine interpretations of intellectual property in international acts on the human rights put forth by the United Nations, the Council of Europe and European Union. The author concludes that the tendency to move the focus from cultural aspects to economic terms is negative because it reduces the social function of intellectual rights. At the same time, the tendency to maintain a stable relationship between intellectual right and information rights of human indicates that there has been a paradigm shift caused by the development of information technologies.

Keywords: human rights, cultural rights of human, socio-economic rights of human, information rights of human, positive law, international legislation, paradigm approach, paradigm of intellectual rights, theory of law, balance of interests.

DOI: 10.7256/2454-0684.2015.11.16626

Abstract: The subject of this research is the procedure of transfer of a residential building of specialized real estate resources into a separate category – social housing. The author demonstrates that despite the formal regulation of such procedure in the legislation of the Russian Federation, for the properties of state-owned real estate it is practically unenforceable. In addition to that, for specialized residential buildings of municipal real estate there are developed mechanisms that successfully perform their duty. This circumstance leads to an inequality of the citizens’ rights in realization of their residential rights set by the Constitution of the Russian Federation. The author analyzes the mechanisms and conditions of a transfer of specialized municipal reals estate into the category of public housing. Referring to the positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, the author highlights the possible violations of the constitutional rights of the citizens, which result from the inability of the transfer of government housing into public housing. The novelty of this research consists in the proposal of two versions of solution to this issue on both, the executive, as well as legislative levels. The realization of either of the proposed version is capable of eliminating the issue of lack of mechanism for transferring specialized government housing over to public housing.

DOI: 10.7256/2454-0684.2015.11.54481