Constitutional Rights Of Citizens Research Articles

The Impact of Digitalization on the Constitutional Rights of Citizens

The Impact of Digitalization on the Constitutional Rights of Citizens

Judicial control over the execution of decisions involving military personnel in the civil justice system of Ukraine

The article is devoted to the issue of judicial control over the execution of decisions involving military personnel in the civil justice system of Ukraine. It has been established that when executing a court decision, the executor can seize any funds in the debtor's bank accounts, except for those whose seizure is prohibited by law. At the same time, it is the bank that executes the corresponding resolution of the executor on the seizure of the debtor's funds that must determine the status of the funds and the account on which they are located, and in the case of funds on the account that are prohibited from being attached, the bank is obliged to notify the executor of the intended purpose funds on the account and return its decision without execution, which is the basis for the executor to remove the seizure from these funds. At the same time, a garnishment cannot be imposed on the funds that make up the debtor's salary after actual deductions from it according to executive documents and on all funds from the debtor's salary beyond the limits of the amounts of deductions from such salary allowed by law, and if such a garnishment is imposed, then it should be removed. At the same time, such restriction does not apply to funds that are in accounts and that are not funds that make up wages. the state guarantees and protects by law the citizen's right to timely remuneration for work. The company's payment of wages to employees has priority over the repayment of debts to other creditors of the company. The imposition of a seizure on the debtor's account, which is also intended for the payment of wages and other payments to the debtor's employees, makes it impossible to make such payments in a timely manner, which inevitably leads to a violation of the constitutional rights of citizens who work at the defendant's enterprise to pay for work. Accounts that are intended for the payment of wages and the payment of taxes, fees and mandatory payments to the State Budget of Ukraine are accounts with a special regime, on which the executive service, in accordance with the requirements of the law, does not impose a seizure, and the separation of such accounts belongs to the powers of the executive service.

The political guidelines of the cadets in 1906 in the estimates of V. A. Maklakov

The article is dedicated to the representation of one of the leaders of the constitutional democratic party V. A. Maklakov about the main ideas of the Russian liberals in 1906, the period of work I the State Duma, the importance of interaction between government and society with the aim of strengthening the state and protection of the right to initiative. The interpretation by Maklakov circumstances of the growing popularity of the cadets in 1906 revealed its socio-political values: the state, establishing the legitimacy that ensure the integrity of the country; a person of interest in the rule of law, freedom, and prosperity; the constitutional rights of citizens and reasons for criticism of the cadets of the monarchy.

Public legal regulation of registration of physical persons in the Russian Federation

   In this article the authors analyze such a constitutional right of citizens of the Russian Federation as the right to housing, and pay special attention to its realization through the prism of the implementation of the procedure of registration of citizens at the place of residence.   The relevance of the topic is justified by the presence of a number of problems in this institution, as well as its importance for the realization by citizens of many other rights.   The study considers the current law enforcement practice, identifies legal problems associated with refusals to register citizens at their place of residence. The historical aspect of the problem under study is highlighted. The conducted analysis of law enforcement, according to the author’s position, shows that today there is an extensive practice indicating violations of the rights of individuals by the authorized bodies of registration of citizens at the place of residence, expressed in illegal refusals to register.

Advocates and Legal Advisers in Civil Proceedings in Kazakhstan: Is Advocate Monopoly Required?

Abstract This paper intends to assess the feasibility of introducing a lawyer’s monopoly in Kazakhstan. The main purpose of the study is to analyze the current legal provisions of the Republic of Kazakhstan regarding judicial representatives authorized to provide legal assistance on behalf of civil proceedings. The work examines foreign experience from the point of view of the applicability of best practices. The study notes the shortcomings of the recently adopted legislative acts of the Republic of Kazakhstan in the field of regulation of advocateship. Attention is focused on the fact that it is the legal profession that should serve as the key to the effective implementation of the constitutional right of citizens to receive qualified legal assistance. An advocates’ monopoly on judicial representation will contribute to the establishment of a single ecosystem that consolidates special professional groups and independent lawyer associations capable of providing qualified legal assistance.

ОГРАНИЧЕНИЕ КОНСТИТУЦИОННЫХ ПРАВ ГРАЖДАН В ХОДЕ ПРОВЕДЕНИЯ ГЛАСНОГО ОБСЛЕДОВАНИЯ ПО ПРЕСТУПЛЕНИЯМ, СОВЕРШЕННЫМ ПРЕДСТАВИТЕЛЯМИ ЭТНИЧЕСКИХ ДИАСПОР

The article deals with problematic issues related to the restriction of the constitutional rights of citizens during the implementation of a public survey on ethnic crimes. The author examines the features of the operational search event under study, analyzes the persons involved in it.
 The author of the article examines the problems associated with the restriction of the constitutional right to use the native language, to freely choose the language of communication, education, training and creativity, as well as to receive qualified legal assistance.

Формализм и реализм в действии избирательного права глазами Верховного Суда РФ

The article is devoted to the vision of electoral law in the practice of administrative proceedings, which was reflected in the Resolution of the Plenum of the Supreme Court of the Russian Federation no. 24 of June 27, 2023. Attention is drawn to formalism as a recognition of the priority importance of form and realism as a priority of the values of authenticity of content. These priorities change places at different stages of the electoral process. These priorities change places at different stages of the electoral process. The prevailing tendency to strengthen formalism, avoidance of recognition of the existence of measures of legal responsibility in the electoral law does not contribute to the disclosure of the democratic potential of the content of the constitutional right of citizens to elect and be elected, uniformity of judicial practice.

The Convergence of Islamic Law and Technology in The Enforcement of Citizen's Constitutional Rights in The Era Society 5.0

Globalization spreading across life spheres, especially in the fields of science and technology, also affects the digitalization of law through media convergence. This digitalization of the law is not exempt from the interference of Internet users in the form of criticism, dissemination of cases or social and legal issues, as well as advice to governments or the legal system through social media platforms used by the public, either in a national or international scope. The influence of people’s opinions on the Internet through social media has been remarkable in recent times on the law enforcement ruling of a case. In few cases, the decision was made due to the pressure of internet citizens on social media. The purpose of this study is to describe the convergence of Islamic law and technology in enforcing the constitutional rights of citizens in the era of Society 5.0 as an effort to create democracy and enforcement of the law that is fair and transparent through independence and freedom to express opinions, as well as the right to share and receive information by citizens of the Internet in electronic media, social media, in particular. This research is qualitative with methods of Law approach, conceptual approach, and case approach. The source of legal material used is secondary legal material, which is subsequently analyzed by deductive methods. The result of this study is that when society cannot be regulated primarily related to the use of social media, then the law can act as a law as a tool of social engineering.
 Keywords: convergence, Islamic law, constitutional rights, era Society 5.0

FINANCIAL CONTROL AS A NECESSARY ELEMENT OF THE MECHANISM FOR ENSURING THE ECONOMIC SECURITY OF THE STATE

In this article, the author examines some aspects of the fight against economic crimes and their prevention committed by economic entities.Some aspects of national legislative activity in this area are considered. And also, on the basis of scientific research by foreign authors, scientific and practical approaches to countering crimes in the financial sphere are being investigated. Based on the analysis, the authors consider questions on some amendments to legislative acts. Thus, in the sphere of public financial management, a special area of relations between the state and a person outside the management system authors consider that relations should be relevant to the constitutional right of citizens to receive information from relevant structures affecting their rights and legitimate interests, information that is in the possession of various state bodies and organizations. Currently, there is an urgent need to legislate the obligation to publish open information by state bodies, the procedure and procedures for providing such information at the request of citizens and organizations.

COMPARATIVE ANALYSIS OF THE ACTIVITY OF COURTS WITH THE PARTICIPATION OF JURORS: ON THE EXAMPLE OF THE USA AND KAZAKHSTAN

he authors, based on a comparative analysis of the criminal procedure laws of the USA and Kazakhstan, studied the issues of the activity of courts with the participation of jurors. The choice of the US experience in considering criminal cases by a jury was not accidental, since the USA is the state to use a jury trial and already has its own legal history that is different from the UK. In the course of the analysis, the authors revealed three aspects such as the selection of jurors, the number of jurors, and the voting procedure during sentencing. The selection of jurors under US law has its advantages in comparison with the legislation of the Republic of Kazakhstan in terms of simplifying the selection and the right to refuse to participate as a juror. On the issue of the number of jurors, taking into account the US experience, we believe it is possible to reduce them from 12 to 9 and in some cases to 7 jurors. On the issue of majority voting or unanimous voting, based on the experience of the United States, we hold the opinion on the importance of voting by unanimous decision. Based on the positive experience of the USA, the authors proposed several amendments not only to the criminal procedure legislation of Kazakhstan but also to the Constitution of the Republic of Kazakhstan. Thus, the authors believe it is necessary to expand the category of criminal cases considered by a court with the participation of jurors, to improve the selection procedure and voting procedure. As well as the possibility of consideration of civil cases by a court with the participation of jurors. We believe all these amendments will have a positive effect in protecting the constitutional rights of citizens and building a rule-of-law state.

Urgensi Perlindungan Hak Konstitusional Warga Negara Melalui Pemberian Kewenangan Kepada Mahkamah Konstitusi Dalam Memutus Constitutional Question

The urgency of implementing the constitutional question mechanism in Indonesia is a concrete manifestation of efforts to respect and maximum protect the constitutional rights of citizens. The choice of law to reinforce and include a constitutional question mechanism in the Indonesian legal system can be made by revising the Constitutional Court Law to ensure that constitutional requirements are met by relevant government agencies. Or what is more ideal is to include it through amendments to the 1945 Constitution. This research is Normative Legal Research with statutory and contextual approaches.The urgency of implementing the constitutional question mechanism in Indonesia is a concrete manifestation of efforts to respect and maximum protect the constitutional rights of citizens. The choice of law to reinforce and include a constitutional question mechanism in the Indonesian legal system can be made by revising the Constitutional Court Law to ensure that constitutional requirements are met by relevant government agencies. Or what is more ideal is to include it through amendments to the 1945 Constitution. This research is Normative Legal Research with statutory and contextual approaches.

Constitutional right of citizens to entrepreneurial activity: essence and significance

Purpose. The purpose of the article is to characterize the constitutional right of citizens to entrepreneurship as economic freedom (functional-teleological characteristic), to reveal its essence and meaning. Methodology includes the general scientific dialectical method, as well as other methods of scientific knowledge: functional, system-structural, and logical-normative. Results: It was established that the right to entrepreneurial activity performs the function of institutionalization and characterizes the economic activity of an individual as a manifestation of his personal freedom in the field of economic activity, which is limited only by legislation in the interests of society, including with the aim of maintaining economic competition as a systemic factor in the functioning of a market economy. The expediency of enshrining in the Constitution of Ukraine a model of legal regulation of the economic system, which should define the basic requirements for economic management, the adoption of laws and the principles of responsibility for the adoption of inefficient decisions. Originality. As a result of the study, a functional and teleological characterization of the constitutional right of citizens to entrepreneurship, which constitutes economic freedom, a component of the mechanism of the market economy, based on such principles as personal choice, voluntary exchange, freedom of access to markets and competition, personal safety and private property, was carried out. that is, on the basis of moderate regulation of the economy by the state. Practical significance. The results of the research can be used in educational, law-making and law-enforcement activities during the development of state economic policy.

Policy discrimination against the minority group of flows of believers citizens in Indonesia: an administrative justice perspective

This study examines discrimination against aliran kepercayaan adherents in Indonesia, despite the Constitutional Court Decision Number 97/PUU-XIV/2016 recognizing their existence. This study found that human rights are inherent in humans and essential to life.  Constitutional Court considerations include religious rights, particularly the right to believe in God Almighty, and affirmation that the rights are constitutional rights of citizens, not state gifts. The Constitutional Court also considered the definition of'religion' and 'belief' In conclusion, the Constitutional Court carefully and gradually applied Indonesian cultural values to the issue. The Constitutional Court believes the state should respect, preserve, and fulfill religious rights including the right to believe. The Constitutional Court Decision No. 97/PUU-XIV/2016 states that adherents of the faith have constitutional rights to embrace their beliefs and allows their status to be included in population administration documents, such as the electronic identity card. However, administrative service practices in Indonesia seem to still not be well implemented, which harms a sense of justice, especially administrative justice, which requires openness, confidentiality, transparency, justice, efficiency, accountability, consistency, participation, rationality, equality, and equal treatment.
  

A constitutional complaint is a mechanism for protecting the constitutional rights of citizens

It has been established that a constitutional complaint helps citizens protect their constitutional rights and freedoms from violations by authorities. In a world where civil rights and liberties are threatened, this mechanism remains critical. The specified legal instrument is actually a means of limiting power and provides an opportunity to control the actions of the authorities, checking their compliance with constitutional norms. Therefore, a constitutional complaint is an important component of democracy, as it supports the principle of the rule of law and contributes to the development of a judicial system that guarantees equality before the law and a fair trial.
 It is emphasized that the recommendations of the Venice Commission note a significant trend in the development of European constitutionalism, which refers to the expansion of the scope of constitutional control over individual administrative decisions and judicial acts based on individual complaints. This trend is explained by the fact that human rights violations often occur due to unconstitutional actions or decisions that were taken in accordance with constitutional regulations.
 It is noted that constitutional courts are key actors in the field of consideration of constitutional complaints in many countries and usually have an independent status from other branches of government. This means that they make decisions without any influence, which makes their decisions more objective and fair. Decisions of constitutional courts have a decisive influence on the protection of constitutional rights and freedoms of citizens, and constitutional courts are a symbol of the rule of law in society. Their role is to remind all citizens and authorities that the Constitution is the supreme law that must be respected.
 In summary, a constitutional complaint is an important tool for ensuring the rule of law and protecting the constitutional rights of citizens. This mechanism helps to avoid abuse of power, non­compliance with constitutional norms and provides citizens with an opportunity to defend their rights in court. As a result, it contributes to the strengthening of legal democracy and the protection of human rights and freedoms.

Peran Masyarakat Adat Dalam Menjaga Dan Melestarikan Lingkungan Hidup

Introduction: This article outlines an analysis of the role of indigenous communities in protecting and preserving the environment through the traditional Kewang institution, so that the implementation of Sasi can run well.Purposes of the Research: The purpose of this article is to look at the role of indigenous communities in protecting and preserving the environment based on applicable customary law.Methods of the Research: The method used in this research is normative juridical which focuses on the main law by examining theories, concepts, legal principles and statutory regulations related to this research.Results of the Research: Environmental awareness is awareness that arises from an understanding of the relationship between humans and their environment. Awareness that humans are an integral part that cannot be separated from their environment is the key to successful environmental management. Through this understanding, on the one hand, it is hoped that good and healthy environmental quality will be realized as one of the constitutional rights of citizens as regulated in Article 28H of the 1945 Constitution. Community participation as an effort to protect the law can be seen in the applicable regulations. Indigenous communities in their role of protecting the environment, the Kewang institution has a big role, through Sasi, the kewang can carry out the function of protecting and preserving the environment.

PROBLEMS OF ESTABLISHING ADDITIONAL GUARANTEES FOR THE REALIZATION OF THE RIGHT OF CITIZENS TO APPEAL IN THE REGIONS

The subject of this study is the normative legal acts of the subjects of the Russian Federation regulating additional guarantees of the implementation of the constitutional right of citizens to appeal in the subjects of the Russian Federation and municipalities, as well as the problems of establishing additional guarantees by regional legislators. The value of the study lies in identifying regulatory gaps at the federal level, contradictions of some regional norms to federal legislation, as well as their features. The author formulated specific proposals for the prospective improvement of legislation on citizens’ appeals, established the limits of regional laws and their place in the mechanism of realization of the right of citizens to appeal. The reasons are indicated and the expediency of increasing the terms of consideration of appeals in a foreign language or in dotrelief font of the blind is justified, the declarative and abstract nature of a number of regulations, defects of rulemaking in the acts of the subjects of the Russian Federation are noted. Regional legislators, when proclaiming additional guarantees, should avoid arbitrary changes to the current system of norms, strive for reasonable stability of legal regulation, regulate and unify such guarantees more clearly. The necessity of attributing a number of regulatory norms to the competence of the federal legislator, including for the purpose of their unified application in all subjects of the Russian Federation, is noted.

Reformulation of Absolute Judicial Review Authority in the Constitutional Court to Uphold the Principle of Constitutional Supremacy

The Constitutional Court and the Supreme Court's dual-roof judicial review authority has generated new legal complications. The decisions between the Supreme Court and the Constitutional Court often conflict, giving rise to legal uncertainty for justice seekers. Even though judicial review has an important role as an effort to protect the constitutional rights of citizens who are disadvantaged over the existence of norms of legislation established by the government. Through the judicial review mechanism, there is a mechanism to rectify the norms of laws and regulations to comply with the basic legal norms, namely the Constitution. However, the practice of judicial review so far in Indonesia seems ineffective because of the two-roof design at the Supreme Court and the Court. Therefore, reforming judicial review under one roof of the Constitutional Court is an alternative idea to find ways to solve existing problems. This article attempts to provide insight into the model of judicial review in Indonesia and the reformulation of judicial review authority under one roof of the Supreme Court of Justice to uphold the principle of constitutional supremacy. The study employed normative legal research methods. This study offers a reformulation of judicial review authority under one roof of the Constitutional Court. The results of this study reveal that the authority of judicial review under the two roofs of the Supreme Court and the Court has given rise to legal problems, such as conflicting decisions, which result in legal uncertainty. Ultimately, this article provides an alternative idea, namely the reformulation of judicial review authority under one roof of the Constitutional Court to create legal certainty and uphold the principle of constitutional supremacy.

Participation of local self-government bodies in licensing of individual entrepreneurial activities in the healthcare sector

Political process management in the healthcare sector is one of the main factors influencing the economic, social, and cultural development of a country, its international prestige and competitiveness in the world, and requires constant development in search of new ways, mechanisms, and methods of improvement. The study aims to reveal and deepen the scientific, theoretical, and methodological foundations of licensing, and their role in the organisation of local self-government in terms of implementing the State policy in the healthcare sector. The object and subject of the study were selected using the dialectical method substantiating its purpose and objectives; the methods of analysis and generalisation were used to provide the necessary justifications for defining the essence and content of the State healthcare policy, clarifying the competence of public authorities and local self-government bodies about compliance with healthcare requirements, considering the powers of public authorities and local self-government bodies in the field of public healthcare, and considering the focus and specific features of the State healthcare policy in the field of healthcare. The problem of the issue has been studied and conceptual directions for its solution have been built by filling the relevant gaps in the legislative framework. Several Laws of Ukraine and resolutions of the Cabinet of Ministers of Ukraine regulating the management of the political process in the healthcare sector are analysed. The tendency of changes in legislation to ensure proper control over the quality of healthcare services is revealed. The author identifies several restrictions in the list of bodies authorised to issue relevant licences for individual entrepreneurial activity in the healthcare sector. The author outlines the structure of the system of regulatory management on the issue of exercising the constitutional right of citizens to independent individual economic activity. The author proves that licensing is a necessary instrument of state control over the quality of medical services and patient safety. The author proposes to grant representative local self-government bodies the right to consider and make decisions at their meetings on issuing or refusing licensing documents in the field of economic activity related to healthcare. Based on the results of the study, the author identified gaps in the current legislation of Ukraine relating to public health protection and formulated relevant recommendations for its improvement

Legal problems of the existence of "sacrifice" zones as an indicator of environmental injustice

In order to ensure proper implementation of the principle of environmental justice, which is based on guaranteeing the realization of citizens’ right to an environment safe for life and health, it is necessary to identify all possible environmental risks that block the achievement of such a goal. The system of identifying the most environmentally dangerous enterprises and measures to ensure their environmental safety, introduced by domestic legislation, is considered insufficient in the framework of ensuring environmental justice, since it does not guarantee overcoming the ecological risk of technogenically polluted territories, and therefore makes it impossible to realize the constitutional right of citizens to an environment safe for life and health. This is evidenced by the movement initiated in foreign practice in order to recognize territories that are artificially overloaded as “sacrifice” zones.
 It was found that such zones are considered as: areas whose residents are exposed to a higher level of influence due to the neighborhood with environmentally hazardous objects; part of the legacy of environmental racism and environmental injustice; areas of mass diseases caused by consumption of polluted environment; moral stains of the nation. Therefore, in “sacrifice” zones it is not possible to guarantee the right to an environment safe for life and health, since the concept of “environment” in this case is not considered in the sense of “primordial nature”, but as “the cheapest possible”. In this case, both human life and natural resources are considered “disposable” and cannot be passed on to future generations.
 Taking into account the outlined circumstances, a scientific conclusion was formed in which it was noted that the main direction of overcoming such negative factors as the imbalance of environmental risks on the territory of Ukraine is the need for full-scale greening of material production, and at the intermediate stage - the provision of social payments to residents of “sacrifice” zones for the purpose of conditionally guaranteeing environmental justice and compensation for environmental damage caused to the health and life of people in technogenically polluted territories.

An Individual as a Foreign Agent: The Legal Regulation

Foreign interference in Russia’s internal political processes is almost always disguised as the constitutional right of citizens to ideological diversity, forming public opinion, provoking panic, as well as influencing the attitude of society towards governmental authorities. The influence of individuals who form public opinion on the basis of their recognition and pseudo-authority has significantly increased. A large-scale spread of social networks has caused a dramatic increase in the popularity of artists, musicians, public figures, whose statements can encourage society to make certain decisions. The study is conducted in order to identify signs of foreign influence, as well as criteria for classifying individuals as foreign agents. Based on a comparative analysis of the legislation on foreign agents in Russia and the United States, the authors establish the conditions for the need to restrict the constitutional rights of citizens in order to maintain a balance of private and public interests. In the preparation of the article, formal and logical methods were used, as a result of which the authors analyze socio-legal phenomena that allowed to identify the relationship between increased foreign influence and consolidation of domestic legislation on foreign agents as a response. The authors come to the conclusion that in order for an individual to be acknowledged as a foreign agent under Russian law, three elements are needed: the presence of foreign influence, the participation of an individual in political activity and direct or indirect influence on state bodies or state policy. At the same time, the main problem of law enforcement is the distinction between real foreign agents and unpatriotic citizens who actively oppose the policy of the state, which can be used «blindly». In this regard, a wide application of the provisions of the Law on Foreign Agents is justified, and the assignment of the status of a foreign agent is subject to individualization.