Field Of Human Rights Protection Research Articles

Waiver to apply the European Convention for the Protection of Human Rights and Fundamental Freedoms in the resolution of disputes in the Court of Arbitration for Sport (CAS)

The subject. Sports legal relations, as having a private legal nature, and assuming “horizontal” inter-subject relations by default, do not imply the extension to them the guarantees provided by international acts in the field of human rights protection in order to protect the individual in “vertical” interaction with public subjects. However, this doctrinal approach is still questioned by sports actors, who make attempts to refute it through the involvement of certain norms of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) (Articles 6 and 8, mostly) as arguments in sports disputes. An additional incentive for this is the location of international and continental sports federations, their jurisdictional bodies and the Court of Arbitration for Sport (CAS) in the national legal orders that recognize the application of the mentioned ECHR.The purpose of the study. The prospects of arguments in the resolution of sports disputes based on the requirements of the literal use of the norms of the ECHR are considered in this article.Methodology. Methods of analysis and comparison based on the CAS practice.The main results of research and the field of their application. The use of only certain meanings of part 1 of Article 6 of the ECHR in sports justice is forced to be taken into account by CAS due to the prospect of appealing decisions to the Swiss Federal Tribunal.Conclusions. The norms of the ECHR generally do not apply in sports justice.

ЗАПОБІГАННЯ І ПРОТИДІЯ ДОМАШНЬОМУ НАСИЛЬСТВУ: МІЖНАРОДНО-ПРАВОВІ ПІДХОДИ В КОНТЕКСТІ ЗАСТОСУВАННЯ ЗАХОДІВ БЕЗПЕКИ

The article examines international legal approaches to preventing and countering domestic violence, including in the context of the existence of the institution of restrictive measures. It was established that today in the field of human rights protection, states bear not only negative obligations – not to prevent the exercise of certain human rights, but also positive obligations – in particular, to take measures to prevent and counter domestic violence, to investigate all manifestations of domestic violence as situations that require close attention and pose a serious danger. The author draws attention to the fact that international institutions proceed from the postulate that the criminal-legal response to manifestations of domestic violence should not be limited in nature: it should concern not only the perpetrators of domestic violence, but also the victims, to whom security measures should be applied. In particular, the result of the work of the Council of Europe in the fight against domestic violence was the adoption on May 11, 2011 of the Convention on preventing and combating violence against women and domestic violence, which was ratified by Ukraine only this year. The so-called Istanbul Convention obliges states to take measures to ensure that adequate restraining or protective orders are available to victims of all forms of violence. The author came to the conclusion that the international community is several steps ahead of Ukrainian society and legislators in terms of awareness of the acuteness and importance of the problems of domestic violence and legal response to it. Key words: domestic violence, security measures, international legal approaches to preventing and combating domestic violence, restrictive measures, positive obligations of states to prevent and combat domestic violence, the Istanbul Convention.

The significance of the implementation of the standards of the istanbul convention in the context of combating incidents of violence during the implementation of martial state in Ukraine

The article examines the controversial issues that arise during the implementation of the Istanbul Convention’s mandatory norms in the field of combating domestic violence. The author proves the necessity of active application of the main provisions of the Convention in the context of martial law and the state of emergency.
 It is established that by ratifying in 2022 one of the most important international legal acts in the field of human rights protection - the Istanbul Convention - Ukraine, as a signatory State, has undertaken to ensure the proper functioning of the principle of gender equality of women and men in all spheres of social life of a Ukrainian.
 The author analyzes statistical data on registered cases of domestic violence and finds that the number of criminal offenses is increasing every year, despite the introduction of preventive measures in the field of domestic violence by law enforcement agencies of Ukraine. Another concern is the fact that almost a third of those convicted of domestic violence are released from punishment, as courts close criminal proceedings against them.
 The ratification of the Istanbul Convention makes it clear that violence against women and children can no longer be viewed as a personal issue. This problem becomes especially urgent during the period of martial law and the state of emergency, as evidenced by the repeated cases of violence committed by the Russian military against the civilian population of Ukraine. At the same time, as practice shows, not all representatives of Ukrainian society unequivocally support the idea of ratifying the Istanbul Convention during martial law, arguing that Ukraine’s gender policy should be improved after the end of the armed conflict. The author establishes that the issue of implementing the provisions of the Istanbul Convention, despite its ratification, remains complicated due to the prevalence of established moral beliefs of Ukrainians. It is proved that the application of the Convention’s provisions in practice will confirm Ukraine’s European integration views and significantly increase its credibility in the eyes of the international community.

Peacebuilding strategy in training of young scientists In conditions of information risks

The relevance of the topic of this paper is determined by the transformation of information society which creates both benefits and risks. Hybrid wars are one of the information risks consequences. In the scientific theory the informational challenges of hybrid warfare include informational occupation of regions, spread of disinformation and propaganda. The strategic information confrontation is a real instrument which is used by Russia in its previous hybrid war against Ukraine as well as in its current real aggression in Ukraine. In conditions of the real war in Ukraine this instrument is continued to be used by Russia and creates new social challenges for the whole world. The subject of the study is an overview of scientific publications in the field of development of information society, information risks, peacebuilding strategy in the training of young scientists etc. The aim of this study was to conduct a thorough analysis of the publications and legislative documents devoted to the countermeasures of Ukraine in hybrid war with Russia on the information sphere, especially in the work with young scientists. The analysis revealed that the formation of peacebuilding strategy with countermeasures against information risks should be implemented by higher education establishments in the training of young scientists such as PhD students and closely connected with both national legislative documents regulating PhD studies and international legislation in the field of human rights protection.

The Role of Soft Law of the Council of Europe in Polish Court Proceedings: A Historical Overview

Abstract This paper presents a historical overview of the role of soft law of the Council of Europe in Polish court proceedings. Soft law refers to legal acts that are not formally legally binding, but nevertheless constitute important guidelines for the operation of state authorities. The article focuses on the role of documents adopted by the Council of Europe, such as resolutions, recommendations or declarations, in the process of shaping the Polish legal system. An analysis of the guidelines and standards introduced by the Council of Europe in the field of human rights protection, equality and standards of court proceedings has been undertaken. The paper also shows the evolution of the position of Polish courts in relation to the soft law of the Council of Europe. Have the documents adopted by the Council of Europe been incorporated into legal arguments and jurisprudence in the Polish legal system and how? The study aims to outline the historical key moments and trends in the application of soft law of the Council of Europe in Polish court proceedings. It shows the impact of these soft instruments on the development of the Polish legal system and legal culture, as well as on the evolution of the perception and use of international standards by Polish courts.

UKRAINIAN LOCAL GOVERNMENT AND COUNCIL OF EUROPE’S STANDARDS: HUMAN RIGHTS PROTECTION AND DECENTRALISATION AT THE TIMES OF MILITARISATION

The subject of the study is the relationship between Ukrainian local government structures, municipal standards set by the Council of Europe, and their intersection with human rights and decentralisation policies, especially in the context of ongoing militarisation in certain regions of Ukraine. The study aims to analyse how these elements interact and influence each other in the Ukrainian governance system, exploring the legal, policy and practical aspects of this complex interaction. Methodology. The methodology of a study involves a combination of research methods and approaches in order to comprehensively investigate the subject matter. In addition to the legal analysis, the authors presented the results of the document analysis. Also, because the Ukrainian decentralisation reform has had a major impact on most spheres of local life, the authors have chosen an interdisciplinary approach: given the complexity of the issue, this approach helps to incorporate elements of law, economics and international relations to provide a holistic understanding of the issues at hand. The results of the study showed that: a) the Council of Europe currently lacks human rights standards that are integrated with its municipal standards. This is a significant gap that could be strategically addressed, given the potential of local government bodies in the field of human rights protection; b) Ukraine would benefit from the development of a comprehensive framework outlining actions to be taken by local government bodies to protect human rights and facilitate the implementation of European Court of Human Rights judgments. Despite the pervasive effects of militarisation throughout the country, post-conflict reconstruction will require the continuation of these policies. This is particularly important as Ukraine seeks to rebuild the nation and resume the reforms that were underway before the outbreak of conflict, including municipal reform with a focus on financial decentralisation and reform of the implementation of ECHR judgments. Conclusion. In summary, militarisation in certain regions of Ukraine has created a number of complex challenges for local governments, affecting security, governance, human rights and social services. The protracted nature of the conflict has made it even more difficult to address these issues. Finding sustainable solutions to these challenges requires a coordinated effort involving local authorities, the national government, international organisations and civil society to promote stability, protect human rights and rebuild affected communities.

Interaction between the Judicial Institutions (on the example of the Court of Justice of the European Union and the European Court of Human Rights)

INTRODUCTION. The interaction of international judicial institutions in the context of cross-judicial references is one of the most important mechanisms for the development of law. The appearance of a large number of competing international judicial institutions and the rapid development of public relations have led to the formation of a stable practice of such interaction. On the European continent, cross-citation interaction can be most clearly seen in the relationship between the Court of Justice of the European Union and the European Court of Human Rights. In the context of the phenomena of cross-judicial references, the author points out their high importance for the development of the institution of protection of human rights and freedoms in Europe.MATERIALS AND METHODS. This study uses the works of both Russian and foreign specialists in the field of European law, as well as analyses of the European Union and Council of Europe legal acts. General scientific methods of knowledge analysis, synthesis, induction and deduction were used during the study. Special legal methods formal-legal, technical-legal, the method of legal analogy, as well as the comparative legal method were also used in the work.RESEARCH RESULTS. The analysis of the current practice of cross-citation between the two judicial bodies clearly demonstrates the high relevance of cross-citation in terms of the development and integration of the human rights law in the European region. The author concludes that cross-citation between the two courts ultimately significantly improves the level and effectiveness of the protection of fundamental human rights and freedoms in Europe, contributing to an active convergence of judicial positions and a harmonisation of approaches taken by the courts in resolving similar cases.DISCUSSION AND CONCLUSIONS. As part of the research, the author analyzes the process and mechanisms of interaction between the European Union Court of Justice and the European Court of Human Rights. Examined the case law of the two judicial bodies in order to determine the direction of their interaction. Explored the characteristic and specific features of cross-citation carried out by the EU Court of Justice and the European Court of Human Rights. Based on the results of the study, the author comes to the conclusion that cross-citation carried out by the EU Court of Justice and the ECtHR contributes to the harmonization of European norms in the field of human rights protection and preserves the unity of the European legal system.

Current issues of the application of ECTHR decisions and its implementation in the field of children's rights protection

The main jurisdictional body in the field of human rights protection is the European Court of Human Rights (ECtHR). The activities of the ECtHR, among other things, are of key importance for ensuring the effective functioning and continuous improvement of the international system for the protection of children's rights. Thus, the study of the ECtHR's practice in the field of protection of children's rights is relevant in view of the importance of applying appropriate approaches to resolving disputes at the national level, as well as from the point of view of improving national and international legislation in the field of protection of children's rights. Therefore, the purpose of the work is the analysis of the practice of the ECtHR in the field of the protection of children's rights, as well as the study of the peculiarities of the implementation of relevant decisions of the ECtHR at the national level. Research methods used in writing the article include analysis, synthesis, formal-logical and comparative-legal methods. As a result of the research, the authors of the article analyzed the specific decisions of the ECtHR in the field of protection of children's rights, summarized the main approaches, standards, and principles used by the ECtHR in solving relevant cases, as well as making their own proposals for improving the current legislation of Ukraine aimed at protecting children's rights.

The Islamic factor in the immigration process of the European Union

The article emphasizes the importance of resolving immigration problems in Western Europe in a timely manner, in particular, with regard to Islamic immigrants. Given the constant nature of immigration flows from the Muslim world, the authors call for the development and implementation of comprehensive measures to adapt Islamic immigrants to new working, living and cultural conditions in the host countries. The article also highlights the need to improve international and domestic cooperation in the field of human rights protection, ensuring equal access to education and social services. Additionally, the authors emphasize the search for alternative and innovative solutions to resolve conflicts arising from immigration challenges and the importance of involving all sides of society in this process.

Formation of the principle of respect for human rights in Europe, its connection with international and national security

The article deals with the formation process, the current state and perspectives of the relationship between states that do not respect human rights and basic freedoms. Such states pose a danger to the stable development of international relations and fruitful cooperation between states, and ultimately to international peace and security.
 The modern world is characterized by the fact that the expansion of human and citizen rights occurs as a result of the development of norms of both national and international law. This bilateral process helps mutual enrichment of legislation and allows raising the bar of human rights to a new level.
 Speaking of security, the world still ignores the real protection of human rights, replacing it with a formal one.
 The principle of respect for human rights has a direct and inverse relationship with international and national security: states that systematically abuse human rights are recognized as initiators of aggression. And external aggression itself contradicts the interests of both the aggressor state itself and its population. Aggression entails the application of serious international sanctions, which will hit its citizens hard, in particular, and will also entail a serious restriction of civil rights.
 And vice versa: an improvement in the situation in the field of human rights protection reduces the probability of an aggressive war.
 The refusal of a separate state to fulfill the requirements of the corresponding principles of respect for human rights does not cancel their importance for international and national security, and does not eliminate the negative consequences that such a refusal would entail.
 The attack of the Russian Federation led to serious and massive violations of human rights and international humanitarian law, which had catastrophic consequences for the exercise of almost all human rights in Ukraine. But over the past two decades, the Russian authorities have systematically violated and restricted basic freedoms within their own state, closed down independent mass media, and banned peaceful protests in the country. And the war in Ukraine entails a further deterioration of the state of human rights in Russia: now a new iron curtain is being lowered there, behind which the authorities oppose the exercise of civil rights and a free and independent civil society.

Specifics of legal regulation of state authorities and local government bodies’ participation in civil proceedings

Purpose. The purpose of the article is a comprehensive analysis of the provisions of the legislation of Ukraine, which regulates the position of public authorities and local government bodies in civil proceedings, identification of shortcomings and disagreements, development of proposals aimed at improving the legal regulation of legal personality institution of authorities and persons to whom the law has granted the right to apply to the court in the interests of other persons and optimization of the court procedure with their participation. Methodology. The methodology includes a comprehensive analysis of the national legislation of Ukraine and individual international acts in sphere of regulating of public authorities and local government bodies’ participation in civil proceedings, generalization of scientific and theoretical arsenal, which made it possible to identify problems and formulate conclusions and proposals aimed at their elimination. Such methods of scientific knowledge were used: terminological, logical-semantic, systemic-structural, functional and others. Results. In the research process the meaning of concepts “public authorities” and “local government bodies” as potential participants in the judicial process in civil cases was revealed. Taking into account the content of constitutional provisions, provisions of the Laws of Ukraine "On Local State Administrations", "On Local Self-Government in Ukraine" and other acts, as well as European and world values in the field of human rights protection, it is proved that functions of state authorities, local government bodies, and methods of their implementation are determined by many factors, among which is the constitutional provision according to which a person, it`s life and health, honor and dignity, inviolability and security are recognized as the highest social value in Ukraine. Human rights and freedoms and their guarantees determine the content and direction of the state's activities, the establishment and provision of human rights and freedoms is the main duty of the state (Article 3 of the Constitution of Ukraine). These are the fundamental principles of state authorities and local government bodie`s activity, including in civil proceedings. In contrast to the participants with a private interests, the position of state authorities and local government bodies in civil proceedings is limited by the Constitution and laws of Ukraine. Practical significance. The results of the research can be used in legislative and law enforcement activities in consideration and resolution of civil cases, initiated by state authorities or local government bodies, or in the case of their involvement in the process in order to provide an opinion at the request of court or due to the law.

Сonstitutional and legal vectors of the implementation of the optimum model of the prosecutor’s office in the system of the mechanism for the protection of human rights

The scientific article is devoted to the study of the constitutional and legal vectors of the implementation of the optimal model of the prosecutor’s office in the system of the human rights protection mechanism. It is established that prosecutors are required to perform their duties without fear, favor or prejudice; not to be influenced by individuals or groups of individuals, pressure from mass media and must take into account only public interests; act objectively; take into account all relevantcircumstances, regardless of whether they are favorable or unfavorable to the suspect; to always seek the truth, help the court arrive at it, establish justice in accordance with the law and dictates of conscience. The Ukrainian state, in turn, must take appropriate measures to ensure that the legal status, competence and procedural role of prosecutors are established by law in such a way that there are no legitimate doubts about the independence and impartiality of judges.It has been established that an extremely important condition for the effective exercise of the powers of the prosecutor’s office in the field of human rights protection is that the procedure for selecting persons for the positions of prosecutors should be as transparent and objective as possible, carried out independently and impartially.Emphasized, the professional competence of prosecutors presupposes, first of all, the possession of the necessary level of knowledge, abilities and skills, communicative characteristics, integrity, the presence of a high level of legal awareness and professional culture, behavior and ethics, which can be achieved through continuous training and systematic professional development, including through passing intensive trainings.It is emphasized that the training of prosecutors is rather not their right, but their duty, and it should be continuous. In this aspect, it should be noted that the prosecutor, in addition to knowledge of the current legislation in the field of human and citizen rights and freedoms, their protection, implementation features, must also possess the necessary moral and ethicalcharacteristics that will correspond to the position held, the prosecutor’s functional area, and universal human values.In the conclusions, the main directions of implementation of the optimal model of the prosecutor’s office in the context of the proper implementation of the functional purpose of the prosecutor’s office in the field of human rights protection are defined.

Problems of ensuring and effective legal regulation in the field of human rights protection in the international law

The doctrinal provisions of the institution of international human and civil rights and freedoms in the second half of the twentieth century became critical among other institutions of international and national legislation. This institution has become an indispensable attribute of the legal state representing a significant result of the legal development of society. The problems of legal regulation and the need to protect human rights in modern society have not been sufficiently developed, and require a holistic, comprehensive approach to the study of the institution of human rights and freedoms and citizens. Currently, the recognition of human and civil rights and freedoms reveals the level of development of the country, shows the readiness of the state for international legal integration and further interaction with other states at a higher level.

The role of the Constitutional court for the protection of the human rights

Today in Europe there is a complex system of protection of individual rights based on different sources of law and respectively with a different procedure for their defence, but with common constitutional legal root. The “catalogue” of basic rights in constitutions served as inspiration for the drafters of the International act in the field of human rights, whilst in the constitutional legislative process usually the legislator turns to the established International Human Rights Standards. Constitutional courts participate in the promotion and development of human rights standards through their case-law. The references in the past 30 years, the amendments of chapter eight of the Constitution and the case-law of the Constitutional court of the Republic of Bulgaria show that it has a roles as human rights court. However, the system of constitutional review could be improved with the facilitation of the ordinary courts in the direct application of the Basic law on cases. One of the possible measures is the legal education in the field of human rights protection and the availability of scientific legal publications in service of the practicing lawyers.

Privacy, Free Speech and Content Moderation: A Literature Review and Constitutional Framework Analysis

Content moderation is one of the lifeblood of Internet platform companies. Concealment and innovation coexist. The United States and the European Union are leading the world in the field of human rights protection in content moderation. Both the text of the Constitution and the jurisprudence have formed a relatively complete framework of protection. Public and private sectors, online and offline communities, and the balance between ex-ante and ex-post, are at the intersection of content moderation with privacy and free speech. We need to further research exploring the design of the online moderation model, which will balance the arguments around policy, human rights law, and the need to make online spaces safer for a world-wide diverse population.

Protection of certain types of labour rights in decisions of the European Court of Human Rights

The topic of protecting certain types of labour rights of citizens in decisions of the European Court of Human Rights is relevant in connection with numerous cases of discrimination of employees by employers, which determines the need to resist offenses in the field of labour. The purpose of the study is to clarify the content and essence of labour rights in general and determine the place and role of certain types of rights that are subject to protection. The theoretical and methodological basis of the study is the formal legal method, which allowed analysing the current decisions of the European Court of Human Rights. The use of analysis and synthesis methods allowed comparing the main norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and the mechanisms used to protect certain types of labour rights. Using the structural and functional method, the main types of labour rights protected by the Convention are determined. The use of formal and logical facilitated the study of the achievements of researchers in the field of human rights protection. It is noted that among the list of articles of the Convention there are no norms that directly provide for the protection of the labour rights of citizens, but there are a large number of violations resulting from the implementation of labour relations. Such violations are related to the protection of the rights defined by the Convention, namely: discrimination on many grounds, violation of the right to freedom of speech, the right to privacy, a fair trial, and other rights. Most of them relate to defining the boundaries of privacy in the performance of labour duties; how the employer takes into account the employee’s initiative; compliance with the norms of the employment contract, and administrative policy of the enterprise. The main types of labour rights protected by the Convention on Human Rights and Fundamental Freedoms are highlighted. Theoretical developments, conclusions, and proposals can be used for further scientific research on problematic issues in the field of protection of certain types of labour rights in decisions of the European Court of Human Rights.

Structural and Functional Interaction between International Law and lex sportiva and Technical Methods of Transforming their Norms

INTRODUCTION. The purpose of the article was to examine how two different regulatory entities - international sports law and lex sportiva - interact with each other in structural and functional terms. When characterizing the structural interaction, the author set herself the task of identifying the place of each of these normative complexes in the system of a larger whole. When analyzing functional interaction, the author viewed her task as considering the process in two aspects: static (delineation of the limits of regulatory influence) and dynamic (interference of regulatory efforts). As a result of studying the dynamic aspect of functional interaction, the techniques of incorporation, legitimation, and reference were characterized; the author gave the examples of the incorporation of the norms of the International standards adopted in addition to the World Anti-Doping Code into an international legal act - the 2005 UNESCO Convention against Doping in Sport, legitimation of the norms of the 2014 Council of Europe Convention against Manipulation of Sports Competitions through the adoption of the 2015 Code of the Olympic Movement on the Prevention of Manipulation of Competitions, and two types of reference: references to the World Anti-Doping Code in an international treaty - the 2005 UNESCO Convention against Doping in Sport of 2005 and references to international legal acts in the field of human rights in the FIFA Statutes (starting from 2016) and inthe FIFA Human Rights Policy of 2017. MATERIALS AND METHODS. The author listed the applicable international legal acts and acts of lex sportiva, studied the scientific works of leading representatives of domestic and foreign doctrine on such issues as the criteria for recognizing a specific branch of international law, the subject of regulation and the nature of transnational law, the interplay between international law and lex sportiva. Among the general scientific methods the author utilized substrate (substantive), structural and systemic approaches; comparative and hermeneutic approaches should be mentioned as the specific scientific methods used. RESEARCH RESULTS. As a result of the analysis of the structural interaction of the two regulatory orders, the author identified the place of international sports law in the system of international law and the place of lex sportiva in global law. When considering the static aspect of functional interaction based on the analysis of the content of the principle of autonomy of sport, a number of exclusive subjects of regulation by lex sportiva were identified. In the course of studying the dynamic aspect, the author characterized three types of transformation - the transfiguration of norms and their transition from one normative order to another - from the point of view of legal technique (incorporation, legitimation, reference). DISCUSSION AND CONCLUSIONS. In the author’s opinion, international sports law is a branch of public international law at the stage of its formation, and lex sportiva is an institution of transnational global law formed as a result of the activities of non-governmental actors. The study of the static aspect of the functional interaction between international sports law and lex sportiva indicates that the issues regulated by sports organizations in an autonomous manner include the establishment of rules for sports competitions, as well as issues of the internal life of sports organizations. The dynamics of transnational processes significantly expands the interaction between international sports law and lex sportiva and the transition (transformation) of norms from one regulatory complex to another in such areas as the fight against doping, countering the manipulation of sports competitions, introducing international legal standards in the field of human rights protection.

HUMAN RIGHTS IMPLICATIONS OF THE RUSSIAN FEDERATION MEMBERSHIP IN THE WTO AFTER THE INVASION OF UKRAINE

This paper aims to investigate the human rights implications of the challenges facing the WTO in connection with the international armed conflict between Russia and Ukraine and suggest possible ways to overcome them, as well as outline the range of arguments that can be used by states resorting to economic countermeasures, during the trade dispute settlement procedure. The author has reviewed the three key aspects related to the continuation of Russia's membership in the WTO, namely: (1) legal justification of restrictive trade measures (within sectoral and individual sanctions) through the use of security exceptions; (2) suspension or termination of Russia's participation in the WTO due to amendments to the Marrakesh Agreement; (3) adoption of WTO initiatives in the field of human rights protection in the context of political isolation of the Russian Federation. The research is critical in nature. It is conducted in the pragmatic paradigm through economic analysis of law (EAL). A combination of quantitative and qualitative approaches was used in the data analysis while case studies allow a detailed analysis of existing practice of the WTO DSB. The findings presented in the article should make an important contribution to the harmonization of international trade law and international human rights law and advance the progressive development of WTO law by potentially overcoming the existing legal gaps.

Constitutional Duties and Decisionism in the Context of Constitutional Control Bodies' Implementation of their Political Functions: Systemic and Organizational Aspects

The purpose of this study is to examine the role of constitutional control in the framework of state lawmaking and law enforcement functions and the impact of constitutional control bodies on political development, economic transformation, and social policy. This study examines the role and place of constitutional control in the state legal mechanism, the advantages and disadvantages of specialized and non-specialized constitutional control, preventive constitutional control. The study concludes that the model of non-specialized centralized constitutional control is very promising, capable of effectively balancing the logic of decisionism (discretion) and the scope of constitutional responsibilities. This study examines the relationship between the constitutional control and decisionism from the point of view of the Russian legal system. In practical terms, this study is of interest to representatives of the legal profession, practicing in the field of human rights protection, human rights organizations, and members of the judiciary.

Genetic Ombudsman: The Need for and Concept of Functioning in terms of New Measures of Legal Freedom

The purpose of this article is to describe the need for establishment of the institution entitled “genetic ombudsman” — a new body in the field of human rights protection — in the Russian Federation. The paper addresses the following issues: (1) the role of the ombudsman as an institution acting as a guarantor of democratic freedoms and the value of human life; (2) historical development and the process of becoming the ombudsman; (3) the need to create the institution of the genetic ombudsman during the era of Industry 4.0 (digital society); (4) factors that influence the society’s demand for the establishment of the aforementioned institution; (5) the main goals and objectives of the genetic ombudsman (legal, economic, medical). This research allowed for the possibility not only to highlight the importance of the genetic ombudsman in the context of the political and legal reality but also to identify existing gaps in the normative regulation. In this article, based on the key provisions of the theory of competence, the author attempted to conceptualize the activities of the genetic ombudsman, describe characteristics of this institution, and summarize areas for further research. In the course of this study, logical, comparative legal and formal methods were used.