Law

Introduction. While forming measures to ensure security, each state seeks to effectively counter terrorist activities. For this purpose, many countries, including the Russian Federation, are establishing the legislative possibility of destroying aircrafts and water vessels together with crew and passengers. Theoretical analysis. The articles of the Federal Law “On Countering Terrorism” that provide the Armed Forces of the Russian Federation with the possibility of destroying aircrafts and water vessels contradict the whole complex of norms of the Constitution of the Russian Federation, as well as international acts enshrining human rights. Moreover, the existing grounds for the lawful deprivation of a person’s life are exhaustive and directed against the guilty persons who committed unlawful acts. The possibility of destroying a ship with innocent people in helpless condition is inhumane. Empirical analysis. The practice of the European Court of Human Rights indicates that law enforcement agencies, while conducting operations to neutralize militants or terrorists, using force, should minimize the possibility of causing death to citizens who are not related to the conflict, but who, by coincidence, find themselves at its epicenter. Moreover, in the presence of hostages, the Court insists on protecting their lives from unlawful violence. Results. In a constitutional state, the main goal of counter-terrorism operations should be to save the lives of the hostages and then destroy the terrorists. In order to build just such a hierarchy of goals, it is necessary to amend the Federal Law “On Countering Terrorism”.

Introduction. International turbulence and instability of state policy that took place during the last decade of the global financial and economic crisis put forward supplements to research approaches to federalism. The comparative historical and state-studying analysis of federalism is becoming relevant. Theoretical analysis. It is revealed that the division of federations into contractual and constitutional ones is relevant only for studying the process of federalization, but not for the functioning of the federation. These conceptual categories reveal neither the essence of federalization, nor the content of federalism. Federalization is a complex process of establishing a federal state, which includes long-term prerequisites and short-term reasons, stages of proto-federalization. Empirical analysis. The comparative historical and state-studying analysis of the process of creating a federal state is carried out. Results. The comparative analysis of the establishment of federal states reflects practical and theoretical significance. As a result of the completion of this process, a system of constitutional-legal and socio-political coordinates is laid, the foundation of state and administrative traditions is created. The more prepared this process is from the beginning, the greater the chances for it to develop successfully are. On the contrary, the immaturity of its initial conditions can lead to certain setbacks, slow development. 

Introduction. International legal standards of the rights of the child bind states at the domestic level to ensure that all rights of the child are respected for the purposes of their physical, mental, spiritual, moral and social development. Orphans and children without parental care are also endowed with special rights designed to promote the best interests of the child. Theoretical analysis. The current Russian legislation sets forth additional guarantees included in the content of the legal status of children in need of special attention. These include the right to education, the right to medical care, the right to property and housing, the right to work, and the right to judicial protection. Empirical analysis. The right to housing, guaranteed by the Constitution of the Russian Federation, is realized through a single provision by the executive authority of a constituent entity of the Russian Federation of a well-furnished specialized housing stock under a contract for the rental of specialized residential premises. At present, both judicial practice and the activities of law enforcement agencies emphasize the relevance of the issue under study, due to the presence of significant gaps in the current legislation that impede the implementation of the housing guarantee in full. Results. The main reason for the state’s failure to fulfill the obligation to provide housing for orphans and children without parental care, as exemplified by Saratov Region, is the lack of adequate funding that requires a fundamental reform in the field under study: assignment of authority to provide housing for orphans and children without parental care to the competence of the Russian Federation.

Introduction. According to part 3 of article 55 of the 1993 Constitution of the Russian Federation, restrictions on the rights and freedoms of man and citizen may be established exclusively by federal law. Theoretical analysis. The regulation of the rights and freedoms of man and citizen — the concretization of their content, the definition of implementation procedures, cases and methods of limitation — should be carried out by federal laws. The establishment of restrictions on the rights of individuals by federal law means that restrictions are imposed by representatives of the people; restrictions must be clearly stated in the articles of the law; restrictions through federal law become well known. Empirical analysis. The study of the decisions of the Constitutional Court of the Russian Federation shows that when assessing the constitutionality of restrictions on the rights of individuals, the Court confirms that they should be established only by federal law. In addition, the Constitutional Court of the Russian Federation imposes certain requirements on the content and quality of the federal law, enshrining restrictions on human rights. In particular, the federal legislator is obliged to comply with the criteria of necessity and proportionality of the restriction of the rights and freedoms of citizens to constitutionally significant goals. Basic international human rights instruments also require that restrictions on human rights are established by law. Almost every federal law currently in force, governing a particular law (or freedom), contains restrictions on this right (freedom). In some cases specified in the decisions of the Constitutional Court of the Russian Federation, the establishment of restrictions on rights and freedoms is also possible with other regulatory legal acts. Results. It is concluded that the consolidation of restrictions on the rights and freedoms of an individual in the federal law should guarantee clarity, certainty, uniformity in understanding, common knowledge, stability of existing restrictions. The legislative regulation of restrictions on the rights and freedoms of an individual is a guarantee against arbitrary restrictions.