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.

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 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 Administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the Ural Federal District: the peculiarities of legal regulation

2021 ◽  
pp. 32-46
Author(s):  
Stanislav Vladimirovich Kalashnikov
Keyword(s):  
Russian Federation ◽  
Federal District ◽  
Legal Regulation ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
The Right ◽  
Legal Mechanism

The subject of this this research is the normative legal and legal acts of the government bodies of the constituent entities of the Russian Federation included into the Ural Federal District (Kurgan, Sverdlovsk, Tyumen, Chelyabinsk regions, Khanty-Mansi Autonomous Okrug, Ugra and Yamalo-Nenets Autonomous Okrug) that regulate the administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the indicated regions. Special  attention is given to the importance and need for legal regulation of the issues associated with arranging additional guarantees and exercising the right of citizens to appeal to government bodies, particularly on the level of the constituent entities of the Russian Federation included into the Ural Federal District. Based on the comprehensive analysis of the aforementioned normative legal act and legal acts, the author reveals the peculiarities of legal regulation of the administrative legal mechanism for exercising the right of citizens to appeal to government bodies in the constituent entities of the Russian Federation included into the Ural Federal District, the limits of norm-setting authorities of the listed regions of the Russian Federation, specificities of securing additional guarantees of the rights of citizens to appeal to government bodies in the corresponding regional laws, approaches towards consolidation of the categorical and conceptual apparatus, determination of parties to legal relations in the area of exercising the right of citizens to appeal to government bodies, the role of normative legal and legal acts of the constituent entities of the Russian Federation included into the Ural Federal District within the mechanism of exercising the right of citizens to appeal to government bodies. The conclusion is formulated on the prospect of the approaches of certain constituent entities of the Russian Federation towards legal regulation of the mechanism for exercising the right of citizens to appeal government. The author also makes recommendation for its improvement.

Changes in the legislative regulation of the right to tourists´ freedom of movement

10.12737/5602 ◽  
2014 ◽  
Vol 8 (3) ◽  
pp. 79-84
Author(s):  
Наталья Гузеева ◽  
Natalya Guzeeva
Keyword(s):  
Nature Conservation ◽  
Russian Federation ◽  
Current System ◽  
Federal Law ◽  
Freedom Of Movement ◽  
Specially Protected Natural Areas ◽  
Protected Natural Areas ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right

This article is devoted to analysis of current changes in legislation, which entailed new restrictions of constitutional right of citizens to freedom of movement. It is adopted on 28 December 2013 amendments to the Federal law « On specially protected natural areas». According to the author, these changes contradict the current system of regulations, including three article of the Constitution of the Russian Federation. The article discusses the possible adverse eff ects of these innovations. The author comes to the conclusion that changes in legislation, initially aimed at the protection and nature conservation, will lead to deterioration in its condition.

New limits for the application of a simplified tax system: innovations of 2021

2021 ◽  
pp. 40-47
Author(s):  
Olga Vladimirovna Shinkareva
Keyword(s):  
Russian Federation ◽  
Federal Law ◽  
Tax System ◽  
The Russian Federation ◽  
The Right

Article is devoted to the analysis of changes of limit limits of revenues of the organization and number of her workers at which excess the organization loses the right for application of a simplified tax system, the brought Federal law of 31.07.2020 No. 266-FZ “About modification of Chapter 26.2 of Part second of the Tax Code of the Russian Federation and Article 2 of the Federal law “About Modification of a Part the Second Tax Code of the Russian Federation”. Aspects of determination of these limits and their correction for coefficient-deflator are considered. The peculiarities of calculation of tax paid in case of application of simplified system of taxation at increased rates in case of exceeding limit limits are disclosed. Practical examples of determining the calculation of tax both in the object of taxation income and in the object of taxation income reduced by the amount of expenses are considered.

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.

scholarly journals ON THE ISSUE OF MAINTAINING A LIST OF THE INDIGENOUS PEOPLES OF CANADA AND RUSSIA

2021 ◽  
pp. 65-77
Author(s):  
К.А. Захарова
Keyword(s):  
Indigenous People ◽  
Russian Federation ◽  
Ethnic Communities ◽  
Way Of Life ◽  
Canadian Experience ◽  
The Russian Federation ◽  
The Right ◽  
Special Rights ◽  
Theoretical Issues ◽  
Do So

В данной статье на основе канадского опыта ведения индейского реестра рассматриваются теоретические вопросы, которые могут возникнуть в процессе ведения списка коренных малочисленных народов Российской Федерации. Российская Федерация и Канада гарантируют проживающим на их территориях аборигенам особые, отличительные права, которые как связаны с традиционным образом жизни, так и не связаны с ними. Справедливо, что такими специальными правами должны пользоваться лица, имеющие на это законное право. Поэтому, в целях свободной реализации такими лицами своих прав Россия и Канада приняли законы, предусматривающие письменный учет аборигенов. Такое решение является одним из выходов из ситуации, сложившейся по вопросу доказывания принадлежности лица к этническим общностям, имеющим право на осуществление предусмотренных законодательством прав. In this article, based on the Canadian experience of maintaining the Indian register, the theoretical issues that may arise in the process of maintaining the list of indigenous small-numbered peoples of the Russian Federation are considered. The Russian Federation and Canada guarantee the indigenous people living in their territories special, distinctive rights that are both related to the traditional way of life and are not related to them. It is true that such special rights should be enjoyed by persons who have a legitimate right to do so. Therefore, in order for such persons to freely exercise their rights, Russia and Canada developed laws providing for the written registration of indigenous people. Such a decision is one of the ways out of the situation that has developed on the issue of proving that a person belongs to ethnic communities that have the right to exercise the rights provided by law.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

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