scholarly journals LEGAL REGULATION OF RESTRICTIONS ON FREEDOM OF MOVEMENT DURING THE SPREAD OF COVID-19

2021 ◽  
Vol 7 (73) (1) ◽  
pp. 211-217
Author(s):  
E. V. Kazantseva
Keyword(s):  
Human Rights ◽  
Human Health ◽  
Russian Federation ◽  
Legal Regulation ◽  
National Legislation ◽  
Freedom Of Movement ◽  
Human Value ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Right

The article analyzes the norms of international and national legislation regulating the procedure for re-stricting the right of a person (a citizen of the Russian Federation and a foreign citizen) to freedom of movement and the grounds for such restriction. It is concluded that the restriction of human rights to freedom of movement is a consequence of the protection of the highest human value «the right to protect human health». Based on the study of legal acts of constituent entities of the Russian Federation with different names, such as «the emergency», «On the restriction of the right to freedom of movement and the introduction of high alert» and so on, taken to prevent the spread of coronavirus infection (2019-nCoV), the author points out the shortcomings of the highest officials of subjects of the Russian Federation in the preparation and adoption of legal acts, which restricted the right of citizens to freedom of movement on the territory of the Russian Federation.

scholarly journals Implementation of human rights in the context of COVID-19 pandemic

2021 ◽  
Vol 5 (3) ◽  
pp. 112-125
Author(s):  
N. R. Chebykina ◽  
K. A. Lyamina
Keyword(s):  
Human Rights ◽  
International Law ◽  
Russian Federation ◽  
Legal Basis ◽  
State Of Emergency ◽  
Freedom Of Movement ◽  
Emergency Situations ◽  
The Russian Federation ◽  
The Right ◽  
Emergency Measures

The subject of the article is the legal basis of human rights and freedoms, including their restriction as one of the aspects of the COVID-19 pandemic. The purpose of the research is to confirm or confute the hypothesis that the restriction of human rights in particular the right to life, the right to health and freedom of movement in Russia during COVID-19 pandemic is legally justified.The methodology of research includes the formal legal interpretation of legal acts as well as the comparative analysis of Russian and foreign legal literature. The authors analyze and interpret international law, including international treaties and the law of foreign states as well as law of the Russian Federation and the constituent entities of the Russian Federation.The main results. Restrictive measures of main human rights may lead to the violation of the constitutional rights and freedoms of citizens, and can also create conditions for abuse of authority while applying the rules governing the emergency situations. International human rights law allows the suspension of certain rights in an emergency that threatens the life of the nation. This can only be done in cases where the emergency has been officially declared, the adoption of emergency measures is caused by an urgent need in the current situation, does not contradict other obligations under international law, is limited in time and does not lead to discrimination. The provisions of the Russian Constitution provide criteria, which observance is mandatory when introducing restrictions on human and civil rights and freedoms. However, no state of emergency was introduced in the Russian Federation. The state has adopted the self-isolation regime that does not have sufficient legal regulation. It has created legal uncertainty. The legal basis of measures to restrict freedom of movement is questionable. It seems these measures go beyond the high-alert regime and require the adoption of regulations that meet the requirements of legislation in the field of emergency situations. The realization of the right to health requires a solution to the problem of coordinating the needs of other patients and patients with COVID-19.Conclusions. Based on the analysis of international law, the law of foreign states and lawmaking activities of state authorities of the Russian Federation in the context of the spread of coronavirus, the authors conclude that the created legal framework for regulating the current situation is characterized by inconsistency, lack of «transparency» and radicality. Unfortunately, the pandemic has shown that regulation in sphere of emergencies, as well as health care, was not fully prepared for active spread of coronovirus. It is necessary to ensure that all emergency measures, including the imposition of a state of emergency, are lawful, proportionate, necessary and non-discriminatory, with a specific purpose and duration.

scholarly journals Constitutional status of an individual in the context of coronavirus pandemic: vectors of transformation in Russia

2021 ◽  
Vol 5 (3) ◽  
pp. 101-111
Author(s):  
E. S. Anichkin
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Structural Method ◽  
Legal Method ◽  
Basic Rights ◽  
Russian Constitution ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Right

The subject of research is the scientific understanding of the ways, manifestations and trends in the transformation of the constitutional status of an individual in the context of the spread of coronavirus infection.The purpose of the research is to confirm or disprove the scientific hypothesis that the COVID-19 pandemic impacts negatively on the content and implementation of the constitutional status of an individual in Russia.The methodology. General scientific methods, especially dialectical ones, made it possible to study the conditions and process of evolution of the constitutional status of an individual in the context of confronting coronavirus infection. With the help of a synergistic method the analysis of cross-sectoral communication of national constitutional law and international legal regulation is carried out. The systemic-structural method was used in the study of intrasystemic changes in the constitutional status of an individual. A study of normative legal sources was made using the formal legal method.The main results, scope of application. The constitutional status of an individual is undergoing a clear transformation in four directions, each of which has received a separate consideration in the work. Basically, the transformation concerned such an element of the constitutional status as "rights". For the most part, these changes have a negative character for an individual, that is, they worsen his constitutional and legal situation in comparison with the "pre-pandemic" period, but they will remain in one way or another until the sanitary and epidemiological situation normalizes. It is noteworthy that the same element of the constitutional status, including the same right, can experience several variants of transformation, but with a difference in time, content, territory of action or circle of persons. For example, the development of the right to freedom of movement on the territory of the Russian Federation is accompanied by both its restriction and suspension of implementation in general, and the right to entrepreneurial activity is accompanied by an additional opportunity for business representatives to receive compensation for forced losses. The pandemic has demonstrated the permissibility and even a certain expediency of transforming the constitutional status of a person and a citizen not only by federal laws (which follows from Part 3 of Article 55 of Russian Constitution), but also by-laws and regulations, not only at the federal, but also at the regional level. This possibility is due to references in federal legislation. It should be recognized that over the past year, for the first time, we have witnessed the active regulation of the constitutional status of a person and a citizen by the subordinate normative acts of the constituent entities of the Russian Federation, which indicates their confident incorporation into the number of sources of its legal regulation.Conclusions. The vectors of transformation of constitutional status of an individual due to COVID-19 pandemic were: (a) the restriction of some basic rights, (b) the suspension of the implementation of a number of basic rights, (c) the substantive clarification and addition of certain rights and mechanisms for their implementation, (d) imposition of additional responsibilities.

scholarly journals Legal Mechanisms of Ensuring Environmental Rights in the Implementation of Urban Planning: Theoretical and Practical Aspects

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 33-44 ◽  
Author(s):  
O. A. Romanova
Keyword(s):  
Human Rights ◽  
Urban Planning ◽  
Environmental Factors ◽  
Russian Federation ◽  
Legal Regulation ◽  
Town Planning ◽  
Environmental Rights ◽  
Territorial Planning ◽  
The Russian Federation ◽  
The Right

Adoption of environmentally unreasonable urban planning decisions leads to significant environmental problems in certain territories causing massive violations of the right of citizens to favorable environment as a result of deterioration of environment or certain natural objects. The author has investigated the legal mechanisms of ensuring environmental rights in the implementation of urban planning activities in the context of their effectiveness. The paper has demonstrated the connection between town-planning and relations regulated under environmental law, analyzed objective and subjective environmental factors of town-planning, elucidated the necessity of taking into account ecological factors at the stage of territorial planning, determined the place and importance of urban planning activities in the mechanism of ensuring environmental rights of the man and citizen.The author has examined constitutional foundations of ensuring environmental human rights in the implementation of urban planning activities, implementation of human rights in the principles of urban planning legislation. The author has determined an environmental component of the legal regulation of urban planning, the correlation between such basic concepts of town-planning and environmental legislation as “the right of citizens to a favorable environment,” “favorable conditions of life,” “sustainable development of territories.” The paper has also analyzed legal mechanisms enshrined in the Town Planning Code of the Russian Federation for the consideration of environmental factors and requirements in the process of territorial planning as a fundamental type of urban development at the stage of substantiation and preparation of draft documents of territorial planning of public entities of the Russian Federation and at the stage of coordination of projects between bodies of public administration and local self-government. The paper reveals a declarative and formal nature of the relevant procedures, substantiates the absence of effective legal mechanisms of taking into account environmental factors and requirements in the current town-planning legislation. The author suggests ways of improving the legal regulation of enforcement of environmental rights in the implementation of urban planning.

scholarly journals Right to freedom of movement and choice of the place of residence in constitutional legislation of the Russian Federation and the Republic of Tajikistan: comparative analysis

2020 ◽  
pp. 42-53
Author(s):  
Bakhodurdzhon Ismatulloevich Ismatulloev
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Place Of Residence ◽  
Illegal Migration ◽  
Freedom Of Movement ◽  
Common Trend ◽  
The Russian Federation ◽  
The Republic ◽  
The Right

This article explores the peculiarities of constitutional-legal regulation of the right to freedom of movement and choice of the place of residence, which is the foundation of migration relations in the Russian Federation and the Republic of Tajikistan. Special attention is given to examination of the provisions of constitutional legislation of Russia and Tajikistan regarding regulation of migration, and modern scientific approaches towards understating the possibilities of exercising the right to freedom of movement and choice of the place of residence reflected in the constitutional law of both countries. The main conclusion of the conducted research consists in the statement that the right to freedom of movement and choice of the place of residence is the basic right in the constitutional legal status of modern migrants, which is specified in constitutional legislation of Russia and Tajikistan. Analysis of the legislation of these countries underlines that a common trend became an amendment to the freedom of movement with responsibility of immigrants to migration registration. This requirement of the legislator is aimed at prevention of illegal migration, which is a negative consequence of exercising the right to freedom of movement and choice of the place of residence.

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

Judicial Resolution of Issues Related to the Movement of Underages Without Accompanying Parents

2020 ◽  
Vol 1 ◽  
pp. 32-36
Author(s):  
I. V. Botantsov ◽  
Keyword(s):  
Russian Federation ◽  
Freedom Of Movement ◽  
Independent Travel ◽  
The Russian Federation ◽  
The Right ◽  
Do So

According to the Constitution of the Russian Federation, every citizen has the right to freedom of movement on its territory, but due to the fact that minors cannot be held accountable for their actions, there is a need to control their movement by legal representatives. The practical determination of the age of independent travel of minors and the issues of drawing up documents by parents authorizing them to do so are the subjects of disputes that are subject to judicial resolution. The article provides an analysis of the relevant practice, accompanied by the author's comments.

Рroblems of the Judicialprotecting the Rights of the Indigenous Peoples of the Far East to Traditional Fisheries

2021 ◽  
pp. 63-72
Author(s):  
Yakunin D. V. ◽  
◽  
Khromin R. V. ◽  
Keyword(s):  
Indigenous Peoples ◽  
Russian Federation ◽  
Far East ◽  
Legal Regulation ◽  
The Far East ◽  
Indigenous Minorities ◽  
The Russian Federation ◽  
The Right ◽  
Traditional Fishing

The article is devoted to the analysis of the problems of protecting the right of indigenous peoples of the Far East to traditional fishing. To improve the legal regulation in this area, according to the author of the article, will allow the development of special procedures for resolving disputes with the participation of indigenous minorities, as well as amending the legislation of the Russian Federation regulating the rules of traditional fishing for indigenous minorities.

scholarly journals The prosecutor’s office on the defense human and civil rights and freedoms in the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 87-92
Author(s):  
T. I. Otcheskaya
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
People’S Republic Of China ◽  
Labor Rights ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Right

The article is devoted to topical issues of protection of human and civil rights and freedoms by an important state body — the prosecutor’s offi ce in two states — the Russian Federation and the People’s Republic of China. The author investigated the issue of the formation of prosecutorial supervision in the European space in the mechanism of statehood on the example of the Russian Federation and in the Asian space on the example of the People’s Republic of China.At the same time, the approaches of the two states to the protection of human rights at the constitutional level, which are regulated by the Constitution of the PRC and the Constitution of the Russian Federation, have been studied. The achievements of the Russian prosecutor’s offi ce in protecting human and civil rights and freedoms, which are the responsibility of the state, including on issues of observance of the labor rights of citizens, the right of citizens to protect life and health, are consecrated.The state program of action in the fi eld of human rights adopted by the State Council of the People’s Republic of China has also been studied in detail. Achievements in the social sphere are shown, which are provided not only by the state, but also by the prosecutor’s offi ce. The approaches of legal science in the two states are consecrated not only in the regulation of human and civil rights and freedoms, but also in their provision.Based on the material studied, the author concluded that it is possible to use the positive experience of Russia and China, mutually in both states, in order to ensure the protection of human and civil rights and freedoms in each of them.

COLLODIZING LINKS IN PRIVATE INTERNATIONAL LAW

2021 ◽  
pp. 19-21
Author(s):  
Н.Д. Эриашвили ◽  
Г.М. Сарбаев ◽  
В.И. Федулов
Keyword(s):  
International Law ◽  
Present Article ◽  
Russian Federation ◽  
Legal Regulation ◽  
Private International Law ◽  
International Treaties ◽  
Public Interests ◽  
National Legislation ◽  
The Public ◽  
The Russian Federation

В представленной статье рассмотрены проблемы коллодирующих привязок в международном частном праве и особенности их правовой регламентации в законодательстве Российской Федерации. Автором проанализированы особенности нормативного закрепления данного типа привязок в системе международных договоров, а также механизм имплементации этих норм в национальном законодательстве различных государств. На основе сложившейся практики применения коллодирующих привязок национальными органами государственной власти обоснована необходимость учета публичных интересов государства в данных правоотношениях. The present article examines the problems of collodizing links in private international law and the peculiarities of their legal regulation in the legislation of the Russian Federation. The author analyzed the peculiarities of this type of binding in the system of international treaties, as well as the mechanism for implementing these norms in the national legislation of various states. On the basis of the established practice of applying collodial links by national authorities, the need to take into account the public interests of the State in these legal relations is justified.

The “Bolotnoe Affair” and the Implementation of the Right to Freedom of Assembly in the Russian Federation

2016 ◽  
Vol 41 (3-4) ◽  
pp. 396-426
Author(s):  
Mariya Riekkinen
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
European Convention ◽  
Court Cases ◽  
Legal Analysis ◽  
Parliamentary Elections ◽  
European Court ◽  
Moscow City ◽  
The Russian Federation ◽  
The Right

A series of protests across Russia, triggered by procedural violations during the 2011 parliamentary elections and results of the 2012 presidential elections, culminated on 6 May 2012 with a demonstration at Bolotnaia Square in Moscow. That demonstration led to violent clashes between protesters and the police. The dispersal of this demonstration and the subsequent criminal and administrative trials conducted against some of the protesters, as well as the controversy regarding the severity of some of the penalties imposed by the courts, became known as the Bolotnoe Affair. The Bolotnoe Affair is analyzed from the perspective of implementing the right to freedom of assembly in Russia. The main goal is to conduct a contextual legal analysis clarifying whether the right to freedom of assembly is adequately implemented in the legal order of the Russian Federation, in order to illustrate whether the protesters in the Bolotnoe Affair were able to express their opinions with regard to the procedure and results of the elections. The leading court cases relevant to the participatory rights of the protesters as exemplified by the appellate decisions of the Moscow City Court will also be examined. In particular, twelve decisions of the Moscow City Court during the period 2012–2014 (full texts of which are reproduced in publicly available legal databases) are reviewed, as well as two recent judgments in European Court of Human Rights (ECtHR) cases closely related to these earlier cases. Analyzing the Moscow City Court decisions vis-à-vis the judgments of the ECtHR, the author concludes that the Moscow City Court’s rulings did not conform with the provisions of the European Convention on Human Rights (echr) regarding the right to freedom of assembly and the right to liberty.

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