Protection Indicator in the Constitutions of the European Federations

The article presents the results of a comparative legal analysis of the constitutions of European federal states (Austria, Belgium, Bosnia and Herzegovina, Germany, and Switzerland) with a view to identifying the norms that minimize human rights risks. The identification of such constitutional provisions is associated with the formalization of the protection of the human rights and freedoms, as well as its legal statuses and conditions. The research was based on a dialectical approach to the disclosure of legal phenomena and processes using general scientific (systematic and logical methods, analysis and synthesis) and specific scientific methods. The unity of the constitutional approach of the European federal states to formalize the judicial protection of the rights and freedoms of the individual (Austria, Belgium, Bosnia and Herzegovina, Germany, Switzerland) has been determined. The identification of such constitutional provisions are associated with the formalization of the protection of the human rights and freedoms, as well as its legal statuses and conditions. The Novelty of the study is carrying out the declared constitutional analysis of the defense was on the example of European federal states

Economic development of regions during reforming the constitutional and legal model of power delineation in Russian Federation

According to the Russian Federation Constitution, all constituent entities have equal rights. However, equal rights are not synonymous with equality. Equal rights mean legal equality only; in other meanings, they differ significantly from each other. However, if the territorial, demographic and some other differences of the constituent entities of the Russian Federation are the result of objective reasons, and in general do not affect the quality of life of the Russians living there, then the economic differences have more serious consequences. The article makes and attempt to examine the possibilities of economic independence increase in the constituent entities of the Russian Federation. The authors state that the currently existing model of power delimitation is based on the consolidation of the main powers of the federal authorities, while the constituent entities of the Russian Federation are mainly entrusted with financially-intensive powers, which are not always provided with the necessary resources. This matter allows the federal center to accumulate significant financial resources with their subsequent distribution across regions, often in accordance with subjective and non-transparent criteria. In addition, the authors propose the measures to change this situation, in particular, an assessment of power implementation effectiveness at a specific level of power; the ensured provision of the constituent entity powers of the Russian Federation with the necessary resources; use of the system of minimum state social standards

Inadmissibilidade de experimentos em pessoas: imperativos constitucionais dos países pós- soviéticos

The article revealed typical and peculiar contexts, based on the analysis of the constitutional texts of CIS countries concerning the reflection of compulsory experiments on people prohibition. The approaches of states concerning the forbidden types of experiments on people were studied and, taking this into account, the conclusion is made about the advisability of prohibitive formulations by the analogy with those that are implemented in constitutional provisions on the inadmissibility of discrimination on any grounds. It was noted that with all the differences in the approaches of this group of states, they are all determined by the constitutional imperative of experiments on people inadmissibility.El artículo reveló contextos típicos y peculiares, basados en el análisis de los textos constitucionales de los países de la CEI sobre el reflejo de los experimentos obligatorios y su prohibición con personas. Se estudiaron los enfoques de los estados sobre los tipos prohibidos de experimentos con personas y, tomando esto en cuenta, se llegó a la conclusión sobre la conveniencia de formulaciones prohibitivas por la analogía con aquellas que se implementan en disposiciones constitucionales sobre la inadmisibilidad de la discriminación por cualquier motivo. Se observó que con todas las diferencias en los enfoques de este grupo de estados, todos están determinados por el imperativo constitucional de los experimentos sobre la inadmisibilidad de las personas.O artigo revelou contextos típicos e peculiares, com base na análise dos textos constitucionais dos países da CEI sobre o reflexo de experimentos compulsórios sobre a proibição de pessoas. As abordagens dos estados sobre os tipos proibidos de experimentos em pessoas foram estudadas e, levando isso em conta, a conclusão é feita sobre a conveniência de formulações proibitivas pela analogia com aquelas que são implementadas em disposições constitucionais sobre a inadmissibilidade da discriminação por qualquer razão. Notou-se que, com todas as diferenças nas abordagens desse grupo de estados, elas são todas determinadas pelo imperativo constitucional de experimentos sobre inadmissibilidade de pessoas.&nbsp

Length of legal proceedings and the pilot judgment procedure of the European Court of Human Rights: new challenges and problems

The article examines issues related to the impact of the pilot judgment procedure of the ECtHR on the problems of excessive length of legal proceedings in national legal systems. A brief overview of some of the pilot judgments adopted in relation to Respondent States is provided, and an assessment of the effectiveness of the general measures taken is given. Conclusions are drawn about the criteria for determining reasonable terms of legal proceedings in the practice of the ECtHR. As recommendations, a number of measures are proposed that will help states eliminate the excessive length of legal proceedings

Constitutional and Legal Regulation of State Authority Interaction on Citizen Appeals: Foreign Experience

The purpose of this article is to identify the foreign experience of constitutional legalization of the basic foundations of interaction between government bodies regarding citizens' appeals. The study was built based on a dialectical approach to the disclosure of legal phenomena and processes using general scientific (systemic, logical, analysis and synthesis) and private scientific methods. The claimed interaction becomes relevant in modern conditions because that there is the coordination of the interests between an individual and the state in this process that is demanded to strengthen democratic values. Systematization of foreign constitutional experience, which appears in the comparative legal aspect as part of the general human rights theory

Risks to the Human Rights Advocacy in African Constitutions

This article presents the results of a comparative legal study of the texts of the constitutions of African states with a view to identifying the rules that minimize human rights risks. The research is based on a dialectical approach to the disclosure of legal phenomena and processes using general scientific (systematic and logical methods, analysis and synthesis) and specific scientific methods. African constitutions, in comparison with the constitutions of other states, and in particular European ones, contain a disproportionately large number of rules formalizing special human rights institutions. Typically, these are special councils, human rights commissions (Egypt, Morocco, and Tunisia) or certain categories of the population (three in Egypt, three in Morocco, one in the Central African Republic). In Morocco and Equatorial Guinea, both the Mediator and the Public Defender are established, respectively. The relevance of the study is due to the strategic objectives of creating a secure human rights status of the state, as well as the need to find and update theoretical, methodological, and practical approaches to protecting the rights and freedoms of a human and a citizen. Considering the rules of the African constitutional model of minimizing risks to human right advocacy, objectively in terms of quantity and quality, are considered hyperbolic

Human Rights Risks in the Constitutions of the American Federal States

The article presents the results of a comparative legal analysis of the constitutions of American federal states (Argentina, Brazil, Venezuela, Canada, Mexico, and USA) with a view to identifying the norms that minimize human rights risks. The examination depended on an argumentative way to deal with the revelation of legitimate wonders and cycles utilizing general logical (precise and consistent strategies, investigation and amalgamation) and explicit logical techniques. The declared axiological, functional, and institutional parameters are fully set only in the Constitution of Venezuela. Other constitutions that consider the objective specifics of the historical development of countries reflected the desired formulations in the framework of the axiology of individual rights and freedoms; prohibition of slavery; judicial protection of individual rights; isolation of a special human rights institution, etc. The objectives of the study led to the use of special legal methods. Thus, the comparative legal method contributed to the identification of resources and means of minimizing risks to human right advocacy in the foreign constitutions. The novelty of this research is identifying the norms that minimize human rights risks

Foreign Constitutional Guarantee of Voting Right

The paper presents the results of a comparative legal study of the texts from the constitutions belonging to the member countries of the Commonwealth of Independent States to identify guarantees of legal voting right in them. The study was built based on a dialectical approach to disclosing legal phenomena and processes using general scientific (systemic, logical, analysis, and synthesis) and particular scientific methods. Based on the classification method, the sought guarantees were identified, named, and characterized in the following varieties: constitutional sovereign, electoral constitutional with a subdivision into the material (general and particular) and procedural (restrictive and technical) types, and institutional guarantees implemented by special and constitutional control entities as well as standardizing constitutional types. Within this working framework, the authors present the results of the comparative study devoted to the constitutions of the CIS member states in connection with the identification of guarantees of legal voting right in them. So far, no such comparative study has been conducted to identify the securities of the right to vote in the member states of the Commonwealth of Independent States

STANDARD CONSTITUTIONAL CATALOG OF PRINCIPLES OF JUDICIAL AUTHORITY IN THE CIS COUNTRIES

Purpose of Study: The present paper presents the results of a comparative legal analysis of constitutions of the CIS-member states in order to identify a standard catalog of judicial power principles in them, considering their interpretation as a set of fundamental principles determining the institutional and procedural aspects of judicial power. There is a lack of unity in the institutional and procedural aspects of the considered fundamental ideas together with a unified approach to the formation of a principles catalog for the judiciary in the focus group of constitutions. Methodology: The present study was based on a rational approach to the disclosure of legal phenomena and processes, using general (system, logical, analysis and synthesis) scientific and private scientific methods. Among the latter are the formal legal, linguistic legal, comparative legal, collectively used to identify the judiciary principles. Results: The identified standard list of constitutional principles of the judiciary in the CIS countries is presented. It includes the justice administration only by the court, organization legality and judiciary activities, prohibition of creation of emergency courts, independence, interaction, inadmissibility of interference with judiciary implementation, openness, competitiveness and equality of the parties, the state language of legal proceedings, cooperation and unity of procedure, court decisions, and state funding of courts Implications/Applications: The comparative legal analysis, with a unified approach to the formation of the list of principles of the judiciary in the focus group of Constitutions, the lack of unity in institutional and procedural aspects of the fundamental ideas can be still stated. We believe that this discrepancy mediates the integration of the considered principles in the judiciary’s framework

Constitutional Hypostases of Citizenship of the West European Countries

In this article, citizenship is considered in its various forms, based on a comparative legal analysis of the texts from the constitutions of Western European countries, taking into account doctrinal developments and the influence of various social phenomena and processes. Being derived from the sovereign public will, citizenship in the constitutional legal doctrine is traditionally treated as a stable legal relationship between a person and a state, expressed in the aggregate of their mutual rights and obligations. An analysis of the constitutional texts of Western European countries showed that citizenship was enshrined in them as a legal relationship, which parties could be states, as well as a state and an individual; citizenship was also enshrined as a constitutional-legal institution with varying degrees of structural and compositional concentration of its norms, as an independent law and a condition for the exercise of other constitutional rights, freedoms and duties. Typical and special constitutional features of the citizenship of Western European countries are shown