Constitutional Level Research Articles

Employing human resources at the Algerian University Policy, procedures, and impact of the organizational culture

Giving the increased awareness of the importance of human intellectual capital for institutions of higher education in particular and national development in general, organizational and labor theorists and intellectuals have paid great attention to the standards and foundations to be followed in order to attract and select the most efficient and worthy human resource for positions commensurate with their abilities, qualifications, and competencies. This attention is noticeable at the constitutional and legal levels. Algeria is one of the countries whose constitution states that public service is a right of all citizens to be exercised in accordance with the principles of justice and equality. This has been reflected in all the legal and regulatory provisions relating to public employment, particularly in Algeria’s higher education and scientific research sector. These provisions have ensured this right while prioritizing qualified human resources, which constitute an implicit case of the recruitment process’s role in selecting the most efficient, effective, and worthy human capital (faculty members) at the level of higher education institutions.

Certain components of the constitutionalization content in the legislative procedure in Ukraine

The relevance of this study is conditioned upon the need to investigate individual elements of the constitutionalization content in the legislative procedure. The purpose of this study was to develop doctrinal approaches for determining the constitutionalization content in the legislative procedure. This study uses a complex of scientific methods: dialectical, modelling, and correlation, historical legal, comparative legal, formal logical, and other methods. The author’s definition of the term “constitutionalization of the legislative procedure” was formed. It was proved that constitutional legal awareness in the psychological aspect forms the vector of activity of subjects of public relations. This study focuses on the importance of the constitutional legal consciousness and legal culture of the legislator – the only representative body of Ukraine, the most numerous subject of legislative initiative. The study proved that constitutionalization of law-making begins with the understanding that the society, apart from the practical development of various benefits (admittedly, through the statutory regulation of relations from such development), is also developed through the spiritual component, various forms of culture, which contain ideals created by the history of humankind through which the world is cognized. It was noted that the key values receive regulatory consolidation of the highest constitutional level as human and civil rights and freedoms, the foundations of the constitutional system, etc. It was concluded that when the state is in transition, the society faces a crisis of legal regulation, when due to certain reasons, the law partially loses its status as the most effective and universal regulator of social relations. In transitional societies, in extreme cases, the term “law” may begin to be associated with inaction and hopelessness, which may result in a surge of legal nihilism (one of the manifestations of the phenomenon of deformation of legal consciousness, especially the constitutional one)

Freedom of Assembly in Opinions and Reports of Venice Commission and Russian Legislation

The paper is devoted to the consideration in the Russian constitutional legislation of the legal stances of the European Commission for Democracy through Law» (Venice Commission) in the field of freedom of peaceful assembly. Freedom of peaceful assembly is closely associated with political struggle, relationship between civil society and the authorities. It is fixed at the constitutional level and therefore is a sensitive topic in law enforcement practice and relevant in special scientific research, of which there are currently a small number in Russian and foreign science of constitutional law. Therefore, this article, as applied to the Russian Federation, aims to complete this gap. The implementation of the research tasks was achieved on the basis of the analysis of the Guidelines of the Venice Commission on Consolidation of Freedom of Peaceful Assembly in the legislation of European states. The author used the following research methods: comparative legal, logical, institutional, formal legal, comparative legal. The paper examines the legal principles of the Venice Commission on Freedom of Peaceful Assembly and the extent to which they are taken into account in the constitutional legislation of the Russian Federation. The conclusion is made about the narrow understanding of freedom of peaceful assembly reflected in the wording «the right to assemble peacefully without weapons». In this regard, the Federal Law on Assemblies is devoted not to freedom of peaceful assembly but to the right to assemble peacefully, which may be restricted by the State to a greater extent than freedom of peaceful assembly. This created the basis for a positivist regulation of freedom of peaceful assembly with broad powers of public authorities and the possibility of restricting the right to assemble peacefully, without weapons, while, according to the Venice Commission, the State should create adequate mechanisms and procedures to ensure that freedom of peaceful assembly is not subjected to excessive bureaucratic regulation. The Constitutional Court of the Russian Federation has largely adjusted Russian legislation on public events, bringing it closer to the legal standings developed by the Venice Commission.

The Institute of Public Power in Constitutional Jurisprudence of Russia

The study of the institution of public power seems to be one of the most important areas of modern constitutional law in Russia. The category ‘public power’ was enshrined in the constitutional legislation of Russia in 2020 in connection with the amendments to the Constitution of the Russian Federation. At the same time, the category of public power had been studied by the domestic science of constitutional law even before the corresponding amendments were made, different approaches to public power had been formed, its characteristics and features had been described differently. This article provides the opinions of constitutional scholars on the institution of public power and analyzes current constitutional legislation. The author concludes that, in some respect, the consolidation at the constitutional and legal level of the institution of public power coincides with the previously proposed scientific approaches to the institution of public power.

Ограничение свободы передвижения в свете современных российских реалий: правовое регулирование и практика конституционного судопроизводства

The article examines various aspects of freedom of movement, including freedom of movement within the Russian Federation and beyond its borders, the right of free and unhindered return to Russian territory of citizens of the Russian Federation. The relevance of the topic and the timeliness of this study are due to the fact that the freedom of movement of citizens provided for by international legal standards and proclaimed at the constitutional level in the legislation of recent years is increasingly limited. At the same time, restrictions on the freedom under study are established not only by laws, but also by-laws, including those of the constituent entities of the Russian Federation. The author comes to the conclusion that in most cases such a restriction is objective and is due to the realities of the COVID-19 pandemic and the conduct of a special military operation on the territory of Ukraine. Measures to ensure the implementation of the norms on restricting freedom of movement are the provisions of administrative and criminal legislation adjusted in 2020-2021, which have toughened liability for violations of restrictive measures. However, citizens and even individual representatives of state authorities do not always positively assess this kind of legislative reform, which gives rise to judicial practice, including appeals to the Constitutional Court of the Russian Federation, in which applicants challenge the constitutionality of certain legal provisions and raise the issue of removing them from the legal space. Analyzing the decisions of the Constitutional Court of the Russian Federation of different years and the legal positions formulated in them, the author focuses on the subject of consideration of cases in the order of constitutional proceedings, the content of the contested legal provisions, the legal consequences of the decisions of the Constitutional Court of the Russian Federation.

REALIZATION OF THE CONSTITUTIONAL RIGHT TO A FAIR TRIAL IN THE CONTEXT OF THE PANDEMIC-ECONOMIC CRISIS

The subject of the study are public relations in the sphere of ensuring the constitutional right to a fair trial in the modern judicial proceedings in Europe and Ukraine. Methodology. The methodological basis of the study are methods of induction and deduction, dialectical-materialistic method, the method of analysis and synthesis, the historical method, which allowed to objectively understand the content and essence of the issues under study. The aim of the article is a theoretical and practical study of the aspects of realization of the constitutional right to a fair trial in the conditions of the pandemic economic crisis. The results of the study showed that the use of any digital technology for tasks related to the administration of justice under anti-epidemic restrictions requires an appropriate legal framework, since the principle of legality should apply to all procedural actions, including remote questioning using messengers. The digitalization of the judiciary itself carries significant risks that lie in the realm of cybersecurity and certain constitutional and even ethical constraints. In particular, both Ukrainian and foreign experience of digital monitoring of persons subject to quarantine restrictions revealed the first threats of leakage of personal information and large-scale government interference in private life, incorrect assessment of information by artificial intelligence, followed by the imposition of controversial fines. Conclusion. The author considers it possible to consider the right to a fair trial in Ukraine as a legal tradition, since this right is not enshrined at the constitutional level. This situation presents several problems: the right to a fair trial depends entirely on the beliefs and sense of justice of the individual law enforcement officer, and complainants are deprived of their constitutionally guaranteed ability to invoke a violation of the right to a fair trial if their substantive and procedural rights are not respected. In today's environment, litigators with authority need to improve both their digital and health culture in order to be able to use information tools to address litigation and procedural decision-making, taking into account the health risks to individuals in an adverse epidemic situation. Solving these and other interrelated tasks will ultimately contribute to the smooth operation of the epidemic in accordance with international standards and the adaptation of Ukrainian judicial proceedings to European standards of justice.

Women’s Everyday Lives in War and Peace in the South Caucasus, edited by Ulrike Ziemer. Cham: Palgrave Macmillan, 2020. X, 281 pp. https://doi.org/10.1007/978-3-030-25517-6_8

This edited volume provides a comparative analysis of the everyday problems of women in the South Caucasus. The authors of this collection pay special attention to the geopolitical analysis in the region in the context of social changes and civilizational challenges of women. The authors discuss the everyday problems of women during periods of transformation of political systems, regimes and conflicts, thereby explaining the various dimensions of these transits of power and institutions of public authority.
 The role of women in the South Caucasus is steadily growing even in conditions of instability, neither war nor peace. Women are actively employed in almost all spheres of life: in the economy, politics, culture, public life. However, in the South Caucasus, although the idea of protecting women's rights and gender equality has been enshrined at the constitutional level, the problem of how the actual status of women in society complies with constitutional provisions still persists.
 The democratization of the life of the South Caucasian society, the expansion of the information space and the variety of types of communications led to the involvement of Armenia, Azerbaijan and Georgia in global processes, in particular, in the implementation of the modernist project to protect the rights and freedoms of women.

How the EU–Ukraine Association Agreement and its Consequences Necessitated Adaptation and Drove Innovation in the EU

AbstractGiven its depth and ambition, the Association Agreement (AA) concluded between the EU and Ukraine may have been expected to result in significant reverse influence on the EU. However, this article shows that this influence is indirect, arising from mechanisms and international processes brought into sharp relief by the AA. These are: the power asymmetry between the parties, politicization of the agreement and geo‐politicization as a form of contestation of the agreement in the geopolitical arena, stirred by Russia's grievances. The article argues that in responding to the asymmetry, politicization and geo‐politicization of the AA, the EU has been pushed to innovate to prevent the legal and political failure of the negotiated agreement. Innovation occurred at different levels: at institutional level to assist Ukraine's capacity to implement it, at constitutional level to ensure its ratification given politicization in the Netherlands, and at policy level to address Russia's geopolitical moves.

The Politics of Data in EU Law: Will It Succeed?

The paper examines recent initiatives of the European Commission that aim to complement today’s legislation on the internet, data governance, and technological innovation, and how scholars have attempted to sum up current trends of EU law according to some catchy formulas: digital sovereignty, digital constitutionalism, or a renewed Brussels effect. Although such narratives have their merits, they can also be misleading and should be taken with a pinch of salt. The paper intends to complement such narratives in connection with the open issues on the balance of powers between EU institutions and member states (MS), with a new generation of digital rights at both EU and MS constitutional levels, down to the interplay between new models of legal governance and the potential fragmentation of the system. Whether and to what extent EU law will be successful in the regulation of data-driven societies and complex digital ecosystems do not only regard acts, policies, and proposals against misuses and overuses of technology but also how well mechanisms of coordination and models of cooperation set up by EU law will fare against technological underuses with their opportunity costs.

미국 남북전쟁후 재건시대에 대한 고찰과 통일법제에 대한 시사점

The American Civil War in the middle of the 19th century and the reconstruction policy to heal its wounds occurred less than 100 years after the founding of the United States. It occurred at a time when the relationship between the state and the state as well as the President as commander-in-chief and Congress, which had the power to declare war and was responsible for supporting the federal army, was not clearly established. Therefore, based on the ambiguity of the constitutional level, mutual interests collided, resulting in confusion in reconstruction policies and political struggles after the Civil War. The implications of Korea's unification legislation through the US Civil War and reconstruction policies and their confusion are as follows. In the process of unification, it is necessary to check the mechanisms that can prevent corruption of the administration, which has discretionary power, and ensure transparency and appropriateness of projects that receive large-scale public funds. There is a need to organize and arrange examples of decisions that are outside the limits and limits allowed in the constitutional order, and there is a need to prepare and test a device for continuation of the people's unity and determination in the unification process. From the point of view of popular sovereignty, major decisions in the unification process must be submitted to a referendum to confirm the will of the people, but parliamentary democracy needs to be supplemented in that unification may come more suddenly than expected. It is difficult to expect the current referendum law to serve as a guideline for resolving political confusion or disagreement that may arise during the unification process. If it is difficult to amend the Constitution, it will be necessary to try to elaborate on the important policies stipulated in Article 72 of the Constitution in the Referendum Act or prepare a chapter related to unification to prepare for the unification process. By amending the Constitution and the Martial Law in a way that does not provoke North Korea, the division of emergency and security martial arts has been diversified into one form of protection or security or reconstruction martial law for special situations for support and protection in the process of unification. You may also consider reorganizing the chapter. The 「Act on the Protection and Support of North Korean Residents」 could be enacted, but it is also necessary to check whether the current law can be applied by analogy, and whether it can be used in an emergency by entrusting it with a presidential decree or by adding provisions to the current law. do. It may be possible to consider a bill focusing on the principles and standards of participation of private organizations, neutral and independent inspection by a third party on the implementation project, and evaluation and re-support of the support project. In addition to cooperation in dialogue and exchanges before unification, the distinction, cooperation, and role allocation of the competent authorities in each unification scenario should be checked.

MCCLESKEY ACCUSED Justice Powell and The Moral Price of Institutional Pride

<i>MCCLESKEY</i> ACCUSED Justice Powell and The Moral Price of Institutional Pride

Sequencing of RB1 Gene and In Silico Analysis in Western Algerian Population Affected by Retinablastoma

Retinoblastoma (RB) is an intraocular malignant tumour which occurs in children during the first months of life, with an incidence of 1 in 15,000 live births. Antioncogene RB1 located on chromosome 13q14.2, is at the origin of this pathology. For retinoblastoma development, two allele mutations of this gene are required. The aim of this study firstly, was to identify mutations that affect the RB1 gene in constitutional level, to detect early subject at risk or asymptomatic carriers and secondly to contribute on the understanding of the molecular pathogenesis. The study concerned 61 patients with retinoblastoma in Western Algeria. DNA from blood was used for amplification and gene sequencing. The results were completed by in-silico analysis using bio-informatic methods to know the mutation impact on the pRB1 protein function. Amplification and sequencing results gave nineteen different variations bases, including eight exonic changes: three missense mutations and five nonsense mutations located in exons 1,7,8,12,18,19,20 and 23. There are an important number of mutations located in twelve RB1 gene introns. These mutations were identified in germinal level for children with no family history of the disease. In conclusion, this study reported two new RB1 mutations in exons 1 and 7 among the eight identified. The mutations described in sporadic forms of retinoblastoma are transmissible forms in 13.11% of cases in our studied population. This study would improve role of genetic testing for management and family screening.

The Historical Construction of Social Rights

It is chosen to develop this topic as a relevant object to the study now undertaken, which is a current and extremely important topic for the political and economic moment currently experienced in the world in light of the principle of prohibition of social retrogression as a result of the dignity of the human person.&#x0D; For a good understanding of the issue about social rights, it was necessary to draw some preliminary considerations about the historical construction of rights and the relationship with the intervention of the democratic State in the individual sphere as an agent in charge of carrying out and effecting the fulfillment of social values.&#x0D; This article sought to demonstrate, in a systemic way, the Historical Construction of Fundamental Social Rights. The main objective of this study was to demonstrate the applicability of human rights at the constitutional level, as well as to justify the need for Brazilian society to enforce these rights for the egalitarian construction of a Social State. The doctrine and the Law support and justify this work, which adopted the perspective of Human Rights. The research line is that of Human Rights, while the scientific article is a bibliographic review that used the deductive method, qualitative and descriptive research. As a reference, we used scientific literature and published materials that were pertinent to the purposes discussed here.

Имунитетът на народните представители в Република Албания и в Република България

Every democratic state introduces in its legal system explicit guarantees for the effective functioning of the three types of state power: legislative, executive, and judicial. One such guarantee with regard to the legislature is the immunity of Members of Parliament (MPs). The exceptional importance of this legal institution has been recognized for decades in both the international legal doctrine and in the laws of individual countries. This type of immunity is the guarantee that the state provides to MPs in order for them to fully realize their basic rights and to fulfill their basic obligations. This type of immunity is also a guarantee for the citizens who, by electing the MPs, assign them the authority to protect their basic civil rights and freedoms. Therefore, the immunity of MPs is regulated at the constitutional level, and all issues related to its legal regulation and improvement are always the subject of broad parliamentary, public, and scientific debates. This report presents a brief analysis of the immunity of MPs in the Republic of Albania and in the Republic of Bulgaria.

Local referendums in the European Union and Ukraine: comparative characteristics

Introduction. The article formulates proposals to improve the effectiveness of legal regulation of the institute of local referendum and involvement of citizens in the implementation of local self-government on the basis of comparative legal analysis of the legal regulation of local referendum in the European Union and Ukraine. Summary of the main research results. In EU countries, unlike national referendums, local referendums are held on the territory of a subject of the federation, autonomous entity, or administrative-territorial unit. Such referendums address issues of local importance. The procedure for legislative consolidation of the local referendum in the EU countries is possible at three levels: constitutional, national legislation, and local. In Ukraine, the normative regulation of local referendums is carried out at two levels: constitutional and legislative levels. Currently, holding local referendums in Ukraine is impossible due to the lack of a special law in this area. The main types of referendums are characterized. Conclusions. As a result of the analysis, it is proposed that in order to improve the effectiveness of legal regulation of the institute of the local referendum and eliminate the "legal vacuum" in this area, it is necessary to adopt a separate Law "On Local Referendum". Draft Law No. 5512 "On Local Referendum", which was registered in the Parliament on May 19, 2021, needs to be improved, namely, to regulate the possibility of holding a local referendum both at the municipal (local) level and at the regional level, that is, at the level of the region, district and the Autonomous Republic of Crimea to address issues of common interest to these communities; not all local referendums should be mandatory; the division of local referendums into mandatory and consultative ones may depend on the quorum of participation, for example, if the turnout is 50% percent or more - mandatory, consultative - if the turnout is less than 50%; to solve the problem of financing local referendums, to provide a mechanism for partial compensation of expenses from the state budget

Constitutional basis of legal regulation of tax relations: modern view and significance

Problem setting. An analysis of the constitutional principles of legal regulation of tax relations is carried out and the main features of such principles at the present stage of development of public relations in Ukraine and other countries are determined. It is established that the numerous changes that are constantly made to the content and individual provisions of the main sources of tax legislation of Ukraine, especially the Tax Code of Ukraine, are balanced by the fundamental importance and role of constitutional foundations of taxation, enshrined in the Basic Law of Ukraine. Target of research. The purpose of the article is to analyze on the basis of general scientific and special methods of scientific knowledge of the constitutional principles of legal regulation of tax relations, determination of the main features of these principles at the present stage of development of public relations in Ukraine and other countries. Article’s main body. It is pointed out that along with the development of tax relations and the increase in tax revenues of budgets, there was an awareness of the need to consolidate the tax duty among the system of basic constitutional duties of the individual. It is stated that establishing of the basic tax duty of taxpayers at the constitutional level took place in the form of the constitutional principle of universality of taxation. It is emphasized that the constitutional principle of universality of taxation has certain legal limits determined by the principle of the rule of law. It is demonstrated that the direct manifestation of defining the limits of the principle of universality of taxation at the constitutional level is consolidation in constitutional law rules the legality of the establishment, as well as full or partial prevention of retroactive effect of the tax mechanism in cases where it worsens the situation of taxpayers. Conclusions and prospects for the development. It is stated that simultaneously with the principle of universality of taxation, that is directly enshrined in the Constitution of Ukraine, the indirectly enshrined constitutional principle of equality of taxation is derived from the provisions determining equal legal protection of all forms of property. It is emphasized that the content of the principle of equality in taxation provides the same attitude to taxpayers who have a similar economic situation, and differentiated attitude to taxpayers with different economic situation. It is concluded that the principle of equality of taxation by its economic nature harmonizes the principle of universality of taxation, helping to reconcile divergent public and private interests in tax relations and thus promote their development, increase the efficiency of national tax systems.

Soviet Union: to the centenary of formation

The subject. The article analyzes the constitutional and legal aspects of the formation of the USSR in the context of the theory of federalism. In the course of this analysis, the author examines the constitutional norms regulating the status of sovereign republics as members of the federation.The purpose of the paper is to classify USSR as a type of federation according to its constitutional regulation during all its existence as a state, and to define legal causes of falling soviet federalism experience.The methodology of the study includes general scientific methods (analysis, synthesis, description) and legal methods. In addition to this, historical method was also applicable.The main results and scope of their application. Taking into account various theoretical approaches to the classification of federations, the author comes to the conclusion that the USSR was formally created as a constitutional federation, since the issues of state sovereignty, the right to withdraw from the union and the competence of the new state were fully defined precisely in the Constitution of the USSR of 1924. At the same time, the functioning of public authority in the USSR on a contractual, consensual basis of central and regional authorities was absent.Conclusions. The Soviet Union came to the end of its existence almost in the status of a confederation, having in its composition sovereign states with independent legal systems, state sovereignties and established international relations for some of them.A lot of constitutional risks were laid in the previous periods of development of federal relations in the USSR and their consolidation at the constitutional level strengthened the centrifugal forces and brought eventually to be adopted on June 12, 1990 the Declaration on State Sovereignty of the RSFSR.

Local elections in the European Union and Ukraine: comparative characteristics

The article provides a comparative analysis of the electoral legislation of the EU countries and Ukraine at the local level and on the basis of this analysis, the proposals to improve the electoral legislation of Ukraine take into account the experience of the European Union.&#x0D; The main forms of direct democracy in most EU member countries and Ukraine are fixed at the constitutional level, and the procedure of preparing and holding elections is regulated by special election laws. Domestic electoral legislation is overloaded with detailed norms of procedural aspects, unlike the legislation of EU countries, in which much more attention is paid to the issues of transparency of party financial funds and transparency of election campaign financing, as well as protection of national minorities’ interests.&#x0D; The main ways of exercising the right to vote not at the place of inclusion in the voter lists in the EU member states were characterized: voting by absentee ballots at specially designated polling stations, voting on the territory of diplomatic and consular missions, voting by mail, proxy voting, mobile voting, voting via the Internet, distance voting. It is noted that the norms in which the institution of a cash deposit is enshrined are discriminatory since they violate the principle of equality of suffrage and create a situation in which candidates are excluded from the political arena on the basis of the property criterion.&#x0D; Relevant for EU countries is the adoption of measures to create appropriate conditions for the full implementation of the principle of equality of citizens before the law, in particular, to overcome the actual inequality of opportunities between women and men.&#x0D; In order to bring Ukrainian legislation in line with international standards set by the European Union, we propose: to grant the right to vote in local elections to citizens of other states or stateless persons who permanently reside on the territory of the respective territorial community and permanently pay local taxes and fees have common local interests related to everyday life, infrastructure, communication, recreation; to introduce electronic voting; not to apply the institution of cash deposit at the local level; to introduce individual (party) gender quotas, following the French example.

Activities of the Procuratorial Bodies of the Russian Federation and the People’s Republic of China to Ensure Legality in the Environmental Sphere

The article is devoted to topical issues of the activities of the prosecution authorities of the Russian Federation and the People’s Republic of China to ensure the rule of law in the environmental sphere. At the same time, the approaches of the two states to ensure legality in the environmental sphere at the constitutional level, which are regulated by the Constitutions of the Russian Federation and the PRC, were studied. The achievements of the prosecutor’s office for the protection of human and civil rights in the Russian Federation for a favorable natural environment, for improving the ecological environment for people and the general ecological situation were consecrated; prevention of pollution and other dangerous phenomena for society; protection of water bodies and forests. The author analyzes the environmental legislation of China, the main laws regulating the issues of environmental protection both in the Russian Federation and in the People’s Republic of China. The existing successes in this matter are canceled and the factors that reduce the effectiveness of environmental protection activities of both the authorities of these states and the regulatory and supervisory authorities in them are indicated.

Diasporas and States of origin: the positive experience of interaction

In today’s world a considerable number of people for one reason or another live outside their (or their ancestors’) States of origin. In most cases they retain a sense of belonging to their Homeland and an interest in maintaining ties with it. In turn, States also seek to develop relations with compatriots living abroad. This direction of State activity in many countries is enshrined at the constitutional level; special laws determining the legal status of compatriots, directions and forms of interaction with them have been adopted; special State programs to support diasporas are being developed and implemented. In general, the policy of States toward compatriots living abroad aims to preserve their national (linguistic, cultural, and religious) identity and to involve them in their social, cultural, economic, and political life. For these purposes, States help compatriots living abroad to study their native language, introduce them to national culture and traditions, support diaspora organizations, develop their cooperation with public authorities, scientific and educational institutions, business communities, and non-profit organizations, encourage investment activity, and, if necessary, provide compatriots with social assistance. Foreign countries have accumulated a lot of positive experience in this regard, and its analysis and generalization is the subject of this article.