Higher Legal Force Research Articles

Конституция Российской Федерации и проблемы законности

The article examines the democratic nature of the Constitution of Russia in 1993. It is shown that the Constitution is at the hierarchical top of the national-onal sources of law and has the highest legal force. Law is considered as a principle of law and nation-building in a democratic state, where the Constitution is the basis of law and order. The primary role of legality in ensuring the headquarters of state authorities and local self-government is noted.

Matters related to key features of the by-law contestation administrative proceedings

The article points out that in cases concerning appeals against normative acts in the presence of obvious signs of its unlawfulness and violation of the rights or legitimate interests of a person who has filed a lawsuit against such an act, this lawsuit can be accompanied by an interim remedy stopping the effect of the respective normative act. This is allowed in exceptional cases when, on the basis of the evidence available in the case, the court is convinced that the contested act clearly contradicts the criteria of its lawfulness established by law on administrative proceedings. At the same time, one cannot claim that an exceptional case for stopping the effect of a normative legal act, when the norms of substantive law establish an alternative procedure for the exercise of rights affected by the contested normative legal act (in particular, if it is possible to act on the basis of normative acts having higher legal force). In addition, when deciding the issue of suspending the effect of a normative legal act, the court must observe the limits of judicial intervention in the activities of their issuers and respect their discretionary powers, primarily those that lie in the domain of their exclusive executive functions, especially those that are characterized by political and narrowly-specialized character.
 The author, moreover, maintains that in order to encourage plaintiffs to use their right to claim and procedural rights in good faith, it is proposed to establish the date when the plaintiff learned or should have learned about the violation of his rights and legitimate interests. It is also clarified that termination of a person’s participation in social relations, the participants of which are assigned rights and duties by the relevant normative act, as well as the termination of the normative legal act itself, is the starting point for calculating the timeframe for its appeal to court.
 The article also indicates that there are critical gaps in the legislative provisions, which give rise to uncertainty regarding the impact of the published announcement on the appeal of a normative act on timeframes of appeal to the administrative court for other addressees of the relevant normative legal act, as well as regarding the procedural status of those who expressed their intention to join before consideration of the case on its unlawfulness.

Norm of election law of Ukraine: separate characters and content

Author determines to a certain stage of social development there is a need to streamline existing relationships in it. It is impossible to imagine human society without regulation of behavior by certain samples, models, scale. They also made as a result of frequent repetition, the rules to which future oriented society.
 The rules of electoral law as a component of the constitutional right of Ukraine reflect in their entirety the nature and content of this area of law. For this reason they are sometimes compared to the cells as the fundamental principle of any living organism, the biological system.
 Given the undoubted primacy norm of electoral law for other structural elements of the electoral law of Ukraine, namely the study of the nature, content and legal characteristics and features of the construction is a kind of "key" to the knowledge institutes and other components of the electoral law in general.
 Identifying the nature and content of the rules of electoral law as a primary constituent elements of the same sub-system of law involves a determination of the legal category. This is not only a definition of the rules of electoral law, but also about filling it with the proper legal meaning, as well as identifying the main aggravating circumstances studied component of electoral law Ukraine.
 Thus, the rules of the common signs of electoral law Ukraine include the following: 1) priority in the national legal system, and2) the nature of the installation, and 3) public-political content, and 4) the system of rule-making entities and norm, and 5) immediacy, 6) the highest legal force; 7) special source base 8) specificity patterns, 9)guaranteed.
 The rules of electoral law, as a kind of constitutional law and having their general properties, characteristic only differ in their original features, including: 1) specificity, due to the content of the subject of legal regulation, and 2) the rules of electoral law have a pronounced political character, and 3) Specify the range mailing provisions of electoral law, and 4) the rules of electoral law form a complex subsector law that combines state-legal, administrative, legal, financial, legal, criminal law and the rules of a number of other sectors of the national law of Ukraine, 5) the identity outside legalization provisions in the election law.

Striking a balance: the interplay of CJEU rulings and international human rights obligation with national constitutional identities

The article examines approaches to the interaction of decisions of the Court of the European Union (CJEU) and international obligations in the field of human rights with the constitutional identity of states. Attention is focused on the concepts of “national identity” and “constitutional identity”, their relationship, and the introduction of the concept of “national identity” into the European legal order after the signing of the Maastricht Treaty (1993). Attention is drawn to the fact that the primary law of the EU does not contain the concept of “constitutional identity”, but this term is widely used in the decisions of the constitutional courts of several EU member states. In these decisions, the constitutional courts raised the issue of the protection of the constitution and constitutionality in the EU member state given the harmonization of legislation and/ or ultra vires decisions.
 The article notes that the concept of constitutional identity is broad, it covers the historical, political, cultural, and legal identity of the state, as well as the connection of national law with the international and autonomous legal order of the EU. The idea of constitutional identity is dynamic and constantly evolving due to the continuous development of the states themselves.
 The analysis of various approaches to this interaction based on the German Federal Constitutional Court, Hungarian Constitutional Court, and Italian Constitutional Court was carried out. It is noted that the interaction of CJEU rulings with constitutional identities is based on the principle of primacy of the EU law, and international human rights obligations are based on the conventional feature of the “obligation of uniform interpretation” and universal standards while ignoring the constitutional tradition of the states. It means that CJEU judgments have a higher legal force than national court judgments, while international human rights obligations should become precedents for subsequent national court judgments, not lowering the national standards of human rights protection.

Рішення конституційного суду України: проблеми реалізації рішень

One of the urgent problems of the practice of the Constitutional Court of Ukraine is the implementation of its acts, the non-solution of which calls into question not only its guarantee of the supremacy of the Constitution of Ukraine as the Basic Law of the state throughout Ukraine, but also the authority of the Constitutional Court of Ukraine as a body of constitutional jurisdiction. The fulfillment by the Constitutional Court of Ukraine of the tasks assigned to it is achieved not so much by adopting the relevant acts as by their implementation and implementation. Without the implementation of decisions and conclusions of the Constitutional Court of Ukraine, all its previous activities regarding the consideration and resolution of relevant cases are nullified, it simply loses its meaning. As you know, the acts of the Constitutional Court of Ukraine are self-sufficient, that is, those that are mandatory, final, have a direct effect and do not require confirmation or duplication by any public authorities to enter into force. The obligation to enforce the decision of the Constitutional Court of Ukraine is a requirement of the Constitution of Ukraine, which has the highest legal force in relation to all other normative legal acts. In accordance with Art. 69 of the Law "On the Constitutional Court of Ukraine", decisions and conclusions of the Constitutional Court of Ukraine are equally binding. The problem is that the current legislation does not define the principles and mechanisms for the execution of decisions and conclusions of the Constitutional Court of Ukraine. As a result, a significant part of such acts do not find their practical implementation. It seems that the problems of implementing the prosecution, as well as the implementation of the decision itself, are associated with the lack of a clear control mechanism that would allow to identify the fact of non-compliance with the decision of the Constitutional Court of Ukraine, the result of which could be prosecution. Also, in the situation of Russian military aggression that has developed today in Ukraine, an important means of ensuring the implementation of acts of the Constitutional Court of Ukraine is to maintain the high authority of the body of constitutional justice, to increase the level of legal awareness and legal culture of citizens, and especially to persons authorized to exercise state power. Important conditions for the effectiveness of the Constitutional Court, including the implementation of its acts, are the establishment in Ukraine of the foundations of a legal, democratic state, as well as ensuring political and socio-economic stability in the country.

Некоторые проблемы законодательного процесса в Конституции Вьетнама 2013 года

The legislative process is one of the important activities of the state, which is to find a balance between the in-terests of society and the state when adopting laws. Therefore, the most important contents related to the legis-lative process are always enshrined in the Constitution of the State – the basic law, which has the highest legal force. In Vietnam, a number of issues related to the legislative process are also mentioned in the current Con-stitution of 2013. The Constitution of Vietnam has fixed certain elements of the legislative process: the right of legislative initiative; quorum for the adoption of laws; publication of laws by the head of state. The article focus-es on the analysis and evaluation of the provisions of the Constitution of Vietnam concerning the legislative process, on the basis of which it is possible to make recommendations on amendments to a number of articles of the Constitution of Vietnam, contributing to the improvement of the legislative process.

Analysis of the constitutional and legal mechanism for the protection of constitutional human rights in the special conditions of modern times

The article is devoted to highlighting the issue of introducing a legal regime of martial law in Ukraine and the mechanism for protecting the impact of these restrictions on the constitutional rights of a person and a citizen in special conditions. Today, at the legislative level of our state, a certain system of rights, freedoms and responsibilities of a person and a citizen is established, the implementation of which guarantees the activity and development of the state on democratic, social and legal bases. However, constitutional rights and freedoms are endowed with the highest legal force, most of which, of course, are not absolute, because their exercise can be legally limited. Yes, such restrictions may apply to issues of public health protection, public and state security, territorial integrity, rights and freedoms of citizens, ensuring law and order, etc. But, analyzing and researching this issue, the authors paid and focused attention on those cases that focus on issues related to the basic rights and freedoms of a person and a citizen in the special conditions of these legal regimes, and are disclosed in accordance with the articles of the Constitution of Ukraine, the main laws that regulate this question, namely: “About the legal regime of martial law”. In view of the events taking place in our state, the specified normative acts have come into effect and entered into legal force throughout the territory of our state. In this regard, the question of the need to develop and improve normative legal acts that will properly secure and protect a person and a citizen of our state in conditions of restrictions, both from a practical and a scientific-theoretical point of view, arises acutely.Today’s challenges for the legal system of Ukraine and its citizens have opened a new page in the legal and legislative field of our country, which certainly focuses attention on the fact that, consolidation, regulation and creation of new laws is rapidly changing, but in turn, constitutional and legal mechanisms for the protection of rights and human and citizen freedoms must function at the highest level under any conditions. The authors worked out and focused attention directly on the legal nature of inalienable human rights, which usually have an imperative nature for current states, and have a direct impact on their activities, because the state is entrusted with the duty to ensure, guarantee and protect these inalienable rights. If, after all, these rights are to be limited, then the authorities must explain the reasons for the introduction of such measures, especially in special conditions.

Primary law as a legal category

The justified relevance of the further development of the legislative system by deepening its structure, clarity, logical arrangement and systematization. The analysis and generalization of scientific and legislative interpretations of the content of the concepts «legislation» and «legislative system» was carried out. The problems of determining the structure and content of the legislative system are pointed out, which, first of all, consist in differences of opinion regarding the need to include sub-legal normative legal acts in such a system.With reference to the decision of the Constitutional Court, it is emphasized that the option of an extended system is more optimal.By working out the structural organizations proposed by legal science, the legal system is defined as the most common hierarchical (vertical) and branch (horizontal).It is proposed to define a basic hierarchical system in the differentiation of legislation, which allows to fully cover the entire system of legislation and provide a holistic view of it. It is indicated that sectoral differentiation should be formed on the basis of a hierarchical one and serve to ensure in-depth specialization of a specialist in a certain field of law.
 The main elements of the legislative system are analyzed. The effectiveness of codification as a law- making system is substantiated and the need for its further deployment is emphasized. The problem of the legislation is identified, which consists in the presence in the hierarchical classification of a significant number of laws that make changes and additions to the existing normative legal acts in the legal field. It is proposed to further organize the legislative system by distinguishing in it a separate category of primary laws, under which it is proposed to understand the basic, primary acts of the body of legislative power, which regulate basic social relations, have a higher legal force and a normative character, and to which, if necessary, changes can be made. Actual quantitative indicators of categories of legislation functioning in the complex of the legislative system are given.

Юридико-технические особенности преамбулы нормативных правовых актов МВД России

The article discusses the technical and legal features of the use of the preamble in regulatory legal acts. The relevance of the topic lies in the unjustified belittling, both by the legislator and by the scientific community, of the meaning of the preamble in the structure of the normative legal act. The insignificant volume of the provisions of the preamble has a huge technical, legal, cultural and educational significance, determines the further mental activity of the subject, contributes to raising the level of legal awareness and legal culture, acts as a means of legal education. The motivational nature of the preamble determines the vector of not only normative and law enforcement, but also interpretative activity. The conducted research made it possible to identify the following technical and legal features of the design of the introductory part of regulatory legal acts: 1) the absence in the rules for the preparation of draft normative legal acts of various levels of imperative inclusion of the preamble in the structure of the document; 2) legislative consolidation of the provision that the preamble does not have the property of normativity; 3) the absence of motives for its adoption among the elements of the introductory part. The imperative provision on the presence of a preamble in the structure of normative legal acts having the highest legal force, as well as the indication in the preamble of the motives for issuing the act, seems theoretically overdue and practically justified.

Problems of implementation of decisions of the Constitutional Court of Ukraine

One of the urgent problems of the practice of the Constitutional Court of Ukraine is the implementation of its acts, the non-solution of which calls into question not only its guarantee of the supremacy of the Constitution of Ukraine as the Basic Law of the state throughout Ukraine, but also the authority of the Constitutional Court of Ukraine as a body of constitutional jurisdiction. The fulfillment by the Constitutional Court of Ukraine of the tasks assigned to it is achieved not so much by adopting the relevant acts as by their implementation and implementation. Without the implementation of decisions and conclusions of the Constitutional Court of Ukraine, all its previous activities regarding the consideration and resolution of relevant cases are nullified, it simply loses its meaning.
 As you know, the acts of the Constitutional Court of Ukraine are self-sufficient, that is, those that are mandatory, final, have a direct effect and do not require confirmation or duplication by any public authorities to enter into force. The obligation to enforce the decision of the Constitutional Court of Ukraine is a requirement of the Constitution of Ukraine, which has the highest legal force in relation to all other normative legal acts. In accordance with Art. 69 of the Law "On the Constitutional Court of Ukraine", decisions and conclusions of the Constitutional Court of Ukraine are equally binding.
 The problem is that the current legislation does not define the principles and mechanisms for the execution of decisions and conclusions of the Constitutional Court of Ukraine. As a result, a significant part of such acts do not find their practical implementation.
 It seems that the problems of implementing the prosecution, as well as the implementation of the decision itself, are associated with the lack of a clear control mechanism that would allow to identify the fact of non-compliance with the decision of the Constitutional Court of Ukraine, the result of which could be prosecution.
 Also, in the situation of Russian military aggression that has developed today in Ukraine, an important means of ensuring the implementation of acts of the Constitutional Court of Ukraine is to maintain the high authority of the body of constitutional justice, to increase the level of legal awareness and legal culture of citizens, and especially to persons authorized to exercise state power. Important conditions for the effectiveness of the Constitutional Court, including the implementation of its acts, are the establishment in Ukraine of the foundations of a legal, democratic state, as well as ensuring political and socio-economic stability in the country.

Inclusiveness of creation process of constitution in Georgia

It is very difficult and practically impossible to create the best and most complete constitution. The Constitution is a document created by humans and not by the gods, and just like its creators, this document itself cannot be perfect. There are undemocratically adopted constitutions in the world, but there are no authoritarian constitutions adopted democratically. However, the conditions for drafting and adopting the Constitution can have a great impact on the content of the Constitution.
 Constitution is a legal act or set of legal acts adopted by a supreme body of state power or through a referendum, has the highest legal force and regulates the foundations of the organization of society and the state, the basic principles of the relationship between the individual and the state. Both the concept of the Constitution and the history of its development clearly show its special importance in the preservation and development of the state and society.
 The aim of the presented article is to review the process of creation of Constitution in Georgia, to study the main specifics and obstacles during the process and to analyze the results which has a direct influence on Political, Economic and Social development of State.
 The main methodology used during the research is desk research using historical and legal analysis of the given situation in1990s in Georgia, the challenges that Georgia has after the independence and the main basis and fundamentals for further development of Georgian Constitutionalism.
 Based on research study, authors have identified the main issues that were left out from the content of constitution, that are not only important for democratic states, but has the main influence on creation of democratic governance in country. One of the mentioned issues is the defining of Territorial Structure, which is of vital importance for Georgia. The final part of the article is concentrated on the steps that should be taken for the discussion of issues concerning territorial structure, including the different ethnic groups in the debate for solving current left out, but important issues within the constitution.

Ways to Protect the Labor Rights of Employees when the Situation in the Collective Agreement Worsen

The article analyzes the existing mechanism for protecting the rights of employees when establishing principles and norms of law in a collective agreement that worsen their situation. In labor law, there is a procedure for registering a collective agreement to monitor the compliance of the principles and norms of law established in a collective agreement with forms of law that have higher legal force. Formally, the notification registration of collective agreements is carried out in order to identify conditions that worsen the situation of employees. The author concludes that due to the lack of an effective mechanism for excluding these conditions from the collective agreement, the meaning of such registration is lost. Even if the labor authority identifies the conditions of the collective agreement that worsen the situation of employees, both the specified body and the state labor inspectorate will not be able to take any effective measures to eliminate them. In addition, the question remains unanswered as to what method of protection the court can apply in the event of a conflict between the principles and norms of law contained in the collective agreement and the principles and norms of law contained in forms of law with higher legal force. The author formulates law-making proposals for amendments to the Labor Code of the Russian Federation, establishing ways to protect the labor rights and legal interests of employees in case of deterioration of their position in the collective agreement.

Wpływ unormowań konstytucyjnych Rzeczypospolitej Polskiej i Republiki Litewskiej na partycypację kobiet w sferze publicznej

The article analyses the constitutional norm on gender equality referred to in the Constitution of the Republic of Poland of 1997 and the Constitution of the Republic of Lithuania (Lietuvos Respublikos Konstitucija) of 1992. The author tries to answer the question of how the principle of gender equality is enshrined in the two most important normative acts for both countries, which have the highest legal force in the system of legal sources. The scope of research interests therefore includes the issue of constitutional regulations and their impact on the participation of women in the governments of both surveyed countries, their national parliaments, and the European Parliament. The current democratic deficit can be viewed from the point of view of underrepresentation of women in political structures. The participation of women increases the legitimacy of democratic institutions and contributes to reducing gender inequalities in public life. Building awareness of the role of public institutions in the field of equal opportunities regardless of gender corresponds to the principle of social justice, according to which women and men should have equal access to high offices, including the national and European parliaments. Equality and justice are the core values and essence of democracy. A feature of particular importance is gender equality. A reliable basis for defining it is provided by the constitution, therefore the article presents how its provisions may have an impact on women’s participation in the political sphere.

DEVELOPMENT STAGES OF THE CONSTITUTION OF THE REPUBLIC OF AZERBAIJAN

In the article the analysis of the stages of development of the Constitution of the Republic of Azerbaijan is reflected. The stages of development of the Constitution are related to the changes in the social and state structure of Azerbaijan. The Constitution contained traces of the ruling view of the state, law, their role in society, economic and social policy, and the situation of the Soviet man (so-called). The adoption of the new Constitution of the Republic of Azerbaijan was conditioned by the need to legally establish the radical socio-political and economic changes taking place in the country. The Constitution of the Republic of Azerbaijan has the highest legal force, direct effect and is applied throughout the territory of the Republic of Azerbaijan. Laws and legally enacting acts adopted in the Republic of Azerbaijan shall not contradict the Constitution of the Republic of Azerbaijan.The Constitution of the Republic of Azerbaijan covers not only the organization of the state, but also non-state spheres - the foundations of socio-economic structure, the cultural life of society, the rights, freedoms and responsibilities of man and citizen. Its regulatory role belongs to the whole state body. Therefore, the Constitution of the Republic of Azerbaijan establishes the foundations of its constitutional structure, the legal status of man and citizen, the main features of civil society, the unitary state structure, the principles of organization and activity of legislative, executive and judicial authorities in the Republic of Azerbaijan.

THE ROLE OF DECISIONS OF THE CONSTITUTIONAL COURT OF UKRAINE IN ENSURING PROPORTIONALITY AND THE RULE OF LAW IN JUDICIAL PRACTICE

ANNOTATION: Introduction. In Ukraine, the principle of the rule of law is recognized and operates as a modern principle of the Ukrainian law system. The Constitution of Ukraine has the highest legal force. Laws and other normative legal acts are adopted on the basis of the Constitution of Ukraine and must comply with it. The Constitutional Court of Ukraine decides on the compliance of the Constitution of Ukraine with the laws of Ukraine and other normative acts, and carries out the official interpretation of the Constitution of Ukraine. The Constitutional Court of Ukraine determines the norms of a law or other normative act as those that correspond or do not correspond to the principle of the rule of law. The constitutional principles of the rule of law and protection of human rights are systematically interconnected and are embodied in the norms of the Constitution of Ukraine, which, in particular, determine the right to judicial protection. Summary of research results. Decisions of the Constitutional Court of Ukraine are important for the development of doctrine in criminal and criminal procedural legislation of Ukraine. It should be noted that the current criminal procedure law does not determine, until the end, the regulation of the appeal against the decisions of the investigating judge during the pre-trial investigation; does not establish a norm according to which a precautionary measure in the form of detention or house arrest should be considered extended in the absence of requests from the parties to change or cancel such a measure, deprives the person of adequate protection against arbitrariness. Conclusions. Decisions of the Constitutional Court of Ukraine are important for the development of doctrine in criminal and criminal procedural legislation of Ukraine. The Constitutional Court of Ukraine promotes the quality of legislation by repealing unconstitutional provisions, is important for further improving the efficiency of judicial review and ensuring the unity of judicial practice, promotes the implementation of legal principles of predictability, rule of law, effective protection of human rights. Decisions of the Constitutional Court of Ukraine, its legal positions have a regulatory impact on the implementation of criminal procedural activities and are a means of eliminating gaps in criminal procedural legislation of Ukraine.

WASIAT WAJIBAH BAGI ANAK ANGKAT DALAM HARTA WARIS MELALUI PUTUSAN NOTARIS

In the context of inheritance law, children are a separate discussion, because the presence of a child makes a very exciting thing for every couple. It is easy for those who are biological children, because it will not cause a problem if he gets a share of the inheritance of his parents because he is one of the legal heirs. However, the context is different if this happens to an adopted child who does not actually get a share in the inheritance law. so that researchers feel the need to do a research related to the inheritance of adopted children, how to divide inheritance, a forum for adopted children to get inheritance, and legal force which is evidence that adopted children are entitled to inherit property By using the library research method, the researcher found that the adopted child could inherit the inheritance from his adoptive parents through the mandatory will process with the provision that it should not be more than 1/3 of the inheritance of his adoptive parents before it was distributed to other heirs. With this decision, it is necessary to have an authentic deed from the notary as strong evidence for the adopted child if in the future there is a dispute regarding the assets he has received. The decision from a notary in the form of an authentic deed is evidence that has the highest legal force in overcoming disputes related to the distribution of inheritance.

Повноваження Державної служби спеціального зв’язку та захисту інформації України щодо нормативно-правового регулювання захисту інформації з обмеженим доступом

This article continues the author’s study of the issue of normative-legal regulation of information with limited access and protection of this type of information. There are issues of protection of information with limited access in the State Service of Special Communications and Information Protection of Ukraine are also analyzed. In addition, the study is determined and analyzed by the powers of the State Service of Special Communications and Information Protection of Ukraine in the legal (normative-legal) regulation of protection of information with limited access, including, for internal use by the authorities and subdivisions that are part of the management structure this state authority. It has been established that acts of regulation of the central executive body in the structure of the state agency, which in general cannot be recognized as legislation, of course affects the field of information protection or its separate sphere. Such acts are issued within the limits of the authorities granted to the development of legislation with higher legal force, and are included in the intra-industry system of normative-legal regulation of issues of protection of information with limited access. The peculiarity of the normative-legal regulation of information protection with limited access for the State Service of Special Communication and Information Protection of Ukraine is to conduct a significant amount of rulemaking work in the specified state body to ensure the adoption of the central executive body within the State Service of Special Communication and Information Protection of Ukraine within its powers and to implement regulations, which regulate public relations in the field of protection of information with limited access, an array of regulatory documents (acts) that allow the industry to move in step with the times. In particular, such normative acts are issued by the Administration of the State Service of Special Communications and Information Protection of Ukraine to establish the permitting procedure for information protection for its own needs.

Legal Symbolism and Constitutional Policy in Contemporary Reality of Changes

The article tries to bring to the light the role of symbolism in the organized human life, in general, and the contemporary societies with the accelerating changes almost in all social structures, in particular. The rational of symbolism in changing socio-political and legal environment creates complexity of the issue, which has been studied in the article, taking into account the methodology of complex system theory. The interconnectivity and interdependency of law, morality and politics create the picture of synergy of different social norms with each other in changing environment. Their positive synergy is able to create a perception of the ‘ethical state’ – the focal point of equilibrium expressed in the attractor of future admired development. In the legal perspective, the symbol of that attractor appears to be the constitution as the society’s and the nation’s symbol of coexistence based on the values of mutual past, necessary present and admired future. It is substantiated that the Constitution is the phenomenon, representing a concrete constitutional idea and constitutional identity, and should be the one to be considered as such in a lot of people’s minds if we intend to have a proper constitutional system and values. Hence, the Constitution is not just a document with a highest legal force, but also a symbol of a concrete constitutional system, and from this viewpoint the Basic Law has a symbolic significance. The authors substantiate that the mentioned significance of the Constitution makes it clear that constitutional policy in any state should be established and implemented in a manner, obviously demonstrating an attitude towards the Constitution, in the frames of which it is considered as a symbol of a concrete constitutional system. The most important circumstance in this context is to never transform the Constitution (directly or indirectly) from a symbol to an instrument in the hands of both the people and the state power and the whole constitutional policy of the state should be based on the discussed essential idea. Moreover, according to the authors the Constitution should not be subject to amendment parallel to every change of political situation of the state or formation of a new political majority merely conditioned by the mentioned changes. The Constitution has a fundamental role from the aspect of regulating social relations, has symbolic significance and can’t be used just as a tool for solving ongoing political problems.

Ensuring data security in electronic form (About the draft law of the People’s Republic of China “On data security”)

Digital data is a new factor of production in the information age. In the context of the rapiddevelopment of the latest technologies, such as big data, artifi cial intelligence, cloud computing andblockchain, as well as the continuous development of the digital economy, digital data plays an important role in the development of enterprises. Data security issues affect the development of a countryand its security, are related to public interests, and are also closely related to the personal rights of its citizens. It is necessary to regulate data protection at the legal level.July 2, 2020 the website of the National People’s Congress published the Data Security Law of the People’s Republic of China (draft), which systematically refl ects the current national point of view on data security and development, noting the improvement of data security to the level of state security. Like the Cybersecurity Law, it is a component of the general concept of national security, belongs to the highest level of law and has the highest legal force. This law is of great strategic importance for building a data protection system in the PRC.As the main law in the fi eld of data security management ,the Data Security Law has made certain breakthroughs in the defi nition of the concept of data. The concept of data in the Data Security Law is not limited to network data, but includes information recorded in electronic form and in other ways; the necessary extraterritorial consequences are provided for in the draft Data Security Law, which is of great importance for the protection of national sovereignty and civil rights of the People’s Republic of China; the relationship between data security protection, data development and use is clarifi ed, and the status of data in the development of the digital economy is clarifi ed through legislation in order to fully demonstrate the economic value of data; the main body responsible for security, supervision and overall coordination has been created, the main responsibilities of various regions and departments have been increased, supervision responsibilities have been redistributed, which is more in line with the needs and current situation in data security supervision; a data classifi cation system has been established that promotes the relevant work of data security surveillance agencies; an appropriate mechanism has been created at the state level in the system of data security risk assessment, reporting, information exchange, monitoring and early warning; a data export control system and a mutual data protection system were created, as well as the construction of a cross-border data fl ow system of the PRC was standardized; data protection obligations in organizations and for individuals performing data operations and performing data protection duties were clarifi ed; adhere to the principles of security and development and provide measures to support and promote data security and development; institutional measures have been taken to ensure the security of government data.The draft law on data security contains a comprehensive concept of information security. The upcoming Law on Data Security will contain recommendations and basic principles for ensuring data security and development. All industries will have to pay attention to an integrated management system and various supporting provisions to ensure data security and development. Gradually, a favorable environment will be created for the effective use of data and safe development, which will signifi cantly contribute to the rapid development of informatization and digitization.The Data Security Law includes all types of information in the fi eld of protection. In the future, the Law on Data Security should pay attention to the Law on Cybersecurity, Law on State Security and Law on the Protection of Personal Information, which are under development, supplement and improve today’s relatively disparate legislation related to data security. The laws and regulations of the PRC on data security will be carefully developed on the basis of these three laws in order to fully implement the development, use of data and industrial development, thereby promoting new provisions in the creation of a legal data security system.

Current challenges in the field of human rights protection during the covid-19 pandemic

In the articles on the problems of quarantine restrictions during the coronavirus pandemic, ambiguities are identified against epidemiological measures in the legislation of Ukraine. Emphasis is also placed on the violation of international acts ratified by Ukraine and the inconsistency of norms in national and international law.
 The normative legal acts of Ukraine are considered, which propose to allow restriction of certain rights and freedoms of man and citizen. The fundamental aspects of the right to protection from pressure on a person, enshrined in the European Convention on Human Rights during an emergency, have been identified.
 The key cases that provide an opportunity to derogate from an emergency situation under Article 15 of the European Convention on Human Rights are listed.
 Emphasis is placed on the ambiguity of the wording of the terms «public buildings», «public transport» in terms of violation of the rules on human quarantine, sanitary and hygienic, sanitary and anti-epidemic rules and regulations provided by the Law of Ukraine «On Protection of Infectious Diseases» and stay in public buildings, structures, public transport during quarantine without wearing personal protective equipment.
 An example from case law on the prescribed restrictions is given based on both interpretations of European and all-Ukrainian law.
 It was emphasized that the main act, which has the highest legal force on the territory of Ukraine, was violated in terms of freedom of movement, the right to hold rallies, the right to education and work.
 The normative legal act concerning restrictions within Ukraine in connection with the pandemic was analyzed, namely the Resolution of the Cabinet of Ministers of March 11, 2020 №211 “On prevention of the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV- 2 ”, as well as international experience in the protection of human rights during the COVID-19 pandemic.