terrorism

Restrictions on digital human rights to counter terrorism

Introduction. Russian civil legislation takes into account innovations in information exchange by fixing the concept of digital rights, while giving them an exclusively private legal understanding. The modern doctrine proceeds from the fact that development of digital technologies has also significantly influenced the concept of fundamental human rights. Continuation of this vision is the emergence of digital rights in the public sphere. This actualizes the analysis of their possible limitations in order to counter terrorism. Theoretical analysis. The research reveals the consequences of the transfer of a significant amount of social relations to digital format. At the same time, while the general discourse of discussions stems from the principle of “normative equivalence” between “offline” and “online” (which does not require fundamental changes in law), the experience of the spread of digital technologies shows that it increasingly faces systemic failures. The authors indicate the difficulties with the definition of digital rights and their regulatory consolidation (by analyzing the regulations of the European Union). Empirical analysis. Based on the identified characteristics of digital communications, the paper presents the models for countering terrorist threats in modern cyberspace. The features of the legislative support of the Chinese model of the “Golden Shield”, based on the principles of digital sovereignty (in particular, the Law of the People’s Republic of China “On Data Security”), are shown. The authors highlight the features of imposing restrictions on the right to digital communication for persons suspected of involvement in terrorist activities (in particular, on the basis of the Anti-Terrorism and Border Security Act adopted in 2019 in the UK) and consider other foreign experience in countering terrorist threats in the digital sphere. Results. The necessity of taking into account the technological features of information exchange in the digital space is demonstrated. This has a significant impact on the emergence of new measures to counter terrorism. Foreign experience testifies to the expansion of the list of operational and search measures, the list of elements of crimes of a terrorist nature.

Constitutional and Legal Constraints of a Multiparty System in Russia

Introduction. The article investigates the boundaries of a multiparty system in constitutional law. Analyzes the limitations of a multiparty system adopted in the democratic countries of Europe. Theoretical analysis. The author explores the limits of political parties, enshrined in the Constitution and the law, revealing contradictions wording. Particular attention is given to such a restriction in the activities of political parties, as the prohibition of extremist activity. The article points out the contradictions in the understanding of extremist activity, which is enshrined in various federal laws. Indicated on the mixing of concepts such as terrorism and extremism. It is concluded that the category of «discrimination» act as an independent and not always be regarded as extremism. It is proved that the elimination of the political party on the specified in the law on political parties, the grounds, the reduction due to the multi-party opposition to extremism and acts as a serious and preventive measures. Conclusion. The analysis of Russian legislation, the author comes to the conclusion that the vagueness of the wording might lead to unnecessary restriction of the activities of political parties and their elimination as opponents of the constitutional order, which is unacceptable in a democratic, politically pluralistic state.