права и свободы человека и гражданина
Constitutional and legal models of countering terrorism |
Introduction. Terrorism as a socio-political phenomenon that violates the security, rights and interests of the individual, society and the state, puts forward new tasks for constitutional construction in a globalizing world. That is why the article examines the current constitutional and legal models of countering terrorism. The author analyzes various points of view of scientists and politicians on the relationship of human rights, as well as other constitutional values with measures of response to an emergency. Theoretical analysis. The study of the constitutional and legal models of countering terrorism is important not only from a theoretical, but also from a practical point of view, since the most serious and systematic abuse of exclusive powers and violations of human rights occur during countering threats to public order and national security. Empirical analysis. Considering the models for the application of exceptional measures in emergency situations, we draw attention to the following important factors within the framework in which they are implemented: whether the exceptional anti-terrorist measures are aimed at protecting the constitutional order, human rights and freedoms or when they are introduced, other goal-setting is possible; whether the state considers anti-terrorist measures to be extraordinary or proceeds from the assumption that their use is possible in the normal course of the exercise of state power; whether the transition of the state from emergency measures to the usual regime of exercising state power has been ensured in a normative way. Results. Systematizing the views of scientists on the problem of state countering terrorism, we have identified the following basic constitutional and legal models: the absolutization of human rights, non-constitutional and based on achieving a balance of public and private interests. |
Izv. Sarat. Univ. Economics. Management. Law, 2021, vol. 21, iss. 4 |
Protection of Human Rights in the Activities of Legislative (Representative) Bodies of State Power of Subjects of the Russian Federation |
Introduction. Protection of rights and freedoms is one of the most important activities of legislative (representative) bodies of state power of subjects of the Russian Federation. Theoretical analysis. The paper analyzes constitutional legal regulation of the rights and freedoms in the activity of legislative (representative) bodies of state power of subjects of the Russian Federation. In the Russian Federation rights and freedoms of man and citizen are recognized and guaranteed on the basis of the principle of equality under the universally recognized principles and norms of international law and in accordance with the Constitution of the Russian Federation. The author comes to the conclusion about the necessity of compliance with national and international standards in adopting laws of subjects of the Russian Federation governing the implementation and protection of the rights and freedoms of man and citizen. Results. On the basis of the conducted analysis, the substantiates the necessity of compliance with the Constitution of the Russian Federation in legislative activity of regional parliaments in the adoption of legal acts with the aim of preventing restrictions of human rights. |
IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2016. Т. 16, вып. 3 |
The Normative Bases of Legalization of Non Jurisdictional Process |
Introduction. Globalization and regionalizations of social and economic communications caused contradictory changes in legal system of the Russian Federation. It is receive an ambiguous assessment in legal science and practice. So there is an introduction of not traditional categories for jurisprudence in legal practice, one of which is non jurisdictional process. Theoretical analysis. The formation of the concept of the normative bases of non jurisdictional process will promote detection of dependences between rules of legislation and its practice. The materialization of non jurisdictional process can be carried out in borders of realization of the right. It is possible because of indirect legal fixing in the legislation. Therefore legitimate interests of owners are limits of legalization of non jurisdictional process. Non jurisdictional forms of ensuring the rights and legitimate interests are applied in the international and state public and private law. Therefore, the object of analysis is different legal acts. Conclusion. This analysis allows to claim that the legislation of Russian Federation contains the provisions allowing and providing legalization of non jurisdictional process in legal system of the Russian Federation. It plays a role of the normative bases of introduction of non jurisdictional process legal practice. Legal rules are allow to consider the non jurisdictional process as one of components of the mechanism of ensuring the rights and legitimate interests of the person. In this sense the problem of not jurisdictional process is interdisciplinary. |
IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2016. Т. 16, вып. 3 |