Constitutional Norms Research Articles

КОНСТИТУЦИОННЫЕ ОСНОВЫ ПРЕДОТВРАЩЕНИЯ ЧРЕЗВЫЧАЙНЫХ СИТУАЦИЙ

Some norms of the Constitution of the Russian Federation are considered, which together form the basis for the prevention of natural and man-made emergencies, as a legal foundation for the protection of human life and health, and other legally protected values. The mapping of constitutional norms to some provisions of the main federal laws, acts of the President of the Russian Federation and resolutions of the Government of the Russian Federation, their connection with the functional and territorial systems of the unified state system for the prevention and elimination of consequences of emergency situations is carried out. The powers of the highest institutions of state power – the President of the Russian Federation and the Government of the Russian Federation – are considered from the perspective of state discipline. The constitutional principle of harmonization of mutual relations at the federal level and at the level of Russian regions is touched upon. Possession of the constitutional legal apparatus is presented as a condition for preventing cases of discrepancies and conflicts in legislative acts or departmental regulatory legal acts. The directions of development and improvement of regulatory segments that require a new scientific and legal rethinking and revision in the course of further legal work in the field of regulation are presented.

Constitutional Fallacies

ABSTRACT Defenders of epistemic democracy propose that the “wisdom of the many” will result in superior outcomes: in this context, they hold that widespread participation will yield better constitutional norms. While this argument, featured prominently in Hélène Landemore’s recent work, raises significant normative concerns, this essay focuses on the causal mechanism it posits and the evidence adduced for the claim. Drawing on Jeremy Bentham’s critiques of common lawyers’ claims to wisdom, this essay argues it is better to defend inclusivity on the grounds that it will promote the people’s interests, rather than on the epistemic value of popular participation.

Немедицинские аспекты доступности медицинской помощи при территориальном планировании в здравоохранении.

Improving the accessibility of medical care is one of the tasks to achieve the goals of state policy in saving the population and human development of a number of strategic documents of the Russian Federation. Purpose of the study is to analyze the non-medical aspects of ensuring accessibility of medical care, their normative legal regulation in territorial planning in healthcare at the regional level. Materials and methods. The source of information was legal acts from the reference legal system ConsultantPlus. Descriptive and analytical methods were used in the study. Results. It is shown that the issues of ensuring accessibility of medical care and creating conditions for its provision and development are attributed by various legislative and regulatory acts both to the powers of public authorities of the subject of the Russian Federation and to the powers of local governments within the competence defined by the legislation of the Russian Federation, but these provisions of powers are fixed differently and require amendments and clarifications. The expediency of making amendments to normative acts of different levels and departments within the framework of clarifying the norm on creating conditions for the provision of medical care to the population on the territory of a municipal district or municipal, urban district in terms of providing transport services to the population and organization of transport services, parking space with the possibility of getting to a medical organization for all groups of the population has been determined. Within the framework of regulation, other social guarantees for children of medical workers and norms on providing medical workers with housing (office housing, under a social rent agreement, provision of relevant subsidies and payments for the purchase of housing) need to be specified. The presence of sufficient regulation in terms of the rules of construction and maintenance of roads in the legal field was determined, however, the federal laws and subordinate regulations cited in the study lack specificity and correlation of these legal norms in relation to medical organizations. Conclusions. The necessity to improve the normative basis of non-medical aspects of state and municipal provision of accessibility of medical care to the population in terms of correlation between constitutional norms and legal acts of different departments has been determined in order to specify measures aimed at improving accessibility in the provision of medical care regarding transport accessibility, social guarantees for medical personnel and other measures to develop infrastructure.

Constitution Supremacy and the Reasonable Limits of Case Law Reversal within the Framework of Constitutionality Control

Undoubtedly, constitutional supremacy can lead to spacious social peace in a constitutional democracy. The fact that the other laws in the normative hierarchy are valid and conform to the fundamental act leads to juridical security for the subjects of law. Sometimes, to guarantee the supremacy of the constitution, a constitutionality review is established through a constitutional litigation court, at other times, this review is left to ordinary courts, thus guaranteeing constitutional supremacy in both ways. Contrary to the purpose of guaranteeing constitutional supremacy, constitutional courts can disconnect themselves from what they protect – the constitution, and through undesirable case law reversals, the content of constitutional norms can be disregarded. In this context, it is necessary that some reasonable limits be brought into discussion.

STRENGTHENING THE SOCIAL AND MORAL CONTEXT OF THE IDEA OF HUMAN RIGHTS AND FREEDOMS IN THE UPDATED CONSTITUTIONS OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF BELARUS

The article focuses on the constitutional changes in the Russian Federation and the Republic of Belarus, aimed at the protection of spiritual and moral values. It is concluded that in the current conditions there is a clear retreat in Western countries from the recognition of the absolute nature of personal (inalienable) rights, and, on the contrary, the adoption of legal measures to limit them and even to establish responsibility for those actions that do not t into the formed mainstream, which is con rmed by the facts of discrimination on the basis of nationality, use of native language, restrictions on freedom of religion, freedom of movement, as well as property rights and others. The author consolidates with the position of those scholars who believe that values are the highest level of social regulation, the basis for the development of personality and maintenance of legal order in society. Attention is drawn to the similarity of the new constitutional norms of the Russian Federation and the Republic of Belarus in terms of strengthening traditional family values, the formation of respect for the feat of arms of the people during the Great Patriotic War, the need to honor the memory of the defenders of the Fatherland, to ensure the protection of historical truth and others. The analysis of amendments and additions to the constitutions of the Russian Federation and the Republic of Belarus convinces us of the desire of our states to preserve the basic constitutional values, to strengthen them, to provide for measures aimed at preventing emerging threats to the unity of society and the erosion of public consciousness.

CONSTITUTION OF 1993 AND THE DEVELOPMENT OF CONSTITUTIONAL JUSTICE IN RUSSIA

The article reveals various aspects of the in uence of the Constitution of the Russian Federation of 1993 on the development of national constitutional justice. Such development is ensured through the improvement of constitutional norms by the legislator and, in this regard, the signi cance of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ, the adoption of which led to a certain modi cation of the existing model of constitutional justice, is revealed. It is shown how the understanding of constitutional norms on the organization and activities of the Constitutional Court of the Russian Federation has changed under the in uence of amendments made to the Federal Constitutional Law “On the Constitutional Court of the Russian Federation” in 2009, 2010, 2014, 2016 and 2020. In addition, a signi cant role in the development of constitutional justice is played by the legal positions of the Constitutional Court of the Russian Federation itself, which ensure the interpretation of constitutional norms in a certain socio-political context. Many of these positions were further constitutionally and legislatively xed. The in uence of the Constitution of the Russian Federation on the development of constitutional justice is revealed from several thematic perspectives: ensuring the autonomy and independence of the Constitutional Court of the Russian Federation as a body of state power; its composition, powers; the legal force of its decisions; regional constitutional justice. In conclusion, the author’s view of the problems under consideration is o ered.

PROBLEMS OF REALIZING THE RIGHTS AND FREEDOMS OF CERTAIN CATEGORIES OF CITIZENS

It is indicated that the realization of rights and freedoms is the practical implementation by citizens and other participants of social life of the demands provided for by the constitutional norms to satisfy requests and needs or obtain the necessary material and spiritual benefits in the manner established by law. Therefore, the mechanism for the realization of rights and freedoms is, first of all, a complex procedural and legal order for the realization of rights, freedoms and obligations, in which the law establishes a certain algorithmic nature of the order of implementation, its procedure: the sequence of actions of the bearer of rights and freedoms and the obliged subjects rights, as well as the content of these actions, the implementation of which is aimed at the most complete and accurate use of the right or freedom. In the opinion of the authors, since the factors influencing the consolidation of the value guidelines of the constitutional system are usually found at each specific stage of the development of the state, and which certainly affect the content of the principles in general, and the principles of the constitutional system in particular, the above list should be supplemented, at least one is the level of ensuring national security of the state. Considering the above, according to the authors, it would be quite logical to take advantage of the situation of potential reform of the fundamental principles of the constitutional system. Within the scope of the research, taking into account the issue of violation of the state sovereignty of our country, the modernized Constitution of Ukraine is intended to become a nationwide political and legal treaty and a fundamental law of national law. At the same time, the amended Constitution of Ukraine must ensure the proper implementation of all value guidelines of the constitutional system: people’s sovereignty, human rights, the rule of law in relation to the universal principles of modern constitutionalism - legality, proportionality, legal certainty, responsibility and subsidiarity in the legal provision of rights and freedoms person and citizen, the independence and impartiality of the court, the prohibition of the retroactive effect of the law, etc. (which are now doctrinally considered as components of the principle of the rule of law).

Representation in International Relations, Impeachment of the President of Georgia, and European Integration

Abstract The 2017–2018 constitutional reform amended the Constitution of Georgia and changed the political system of the country. The president has the responsibility to represent the country in international relations, but only with the approval of the government. Constitutional norms are not specific, leaving room for different interpretations. Article 78 of the Constitution obliges constitutional bodies to use all measures for European integration. Under this constitutional obligation, the president met with European colleagues, though without governmental approval. This provoked the ruling party to initiate the process of impeachment. The Constitutional Court of Georgia concluded that the president breached the Constitution, but the parliament could not impeach the president. The paper analyses the role of presidential representation in international relations and its constitutional responsibility in the light of Georgia’s European aspirations.

Legal regulation of confessional relations in Kazakhstan

Multinationalism and the presence of many different religious groups in the country can be causes of inter-ethnic and inter-confessional conflicts. A tool to help avoid them is the implementation of an effective legislative mechanism. The research aims to investigate the legal foundations of confessional relations in Kazakhstan, including constitutional norms, norms of laws and bylaws, and the provisions of international acts in the sphere of relations between the state and religion. The system of methods of scientific knowledge of different levels – from the most general methods to special methods of legal science – was used to implement the goal. The study, the model of state- confessional relations of the Republic of Kazakhstan, its basic principles, as well as the existing legal support of this model were analysed and conducted. The authors concluded that the legislation of the Republic of Kazakhstan regulating confessional relations partially corresponds to international normative legal instruments regulating freedom of religion. In addition, the study showed that the model of state-confessional relations in force in the Republic of Kazakhstan contributes to the observance of citizens’ rights to freedom of religion, the prevention of inter-confessional conflicts among religious groups within the country, and the establishment of peace. The practical significance of the results makes it possible to assess the effectiveness of the current mechanism of legislative regulation of confessional relations and to identify the main problems and ways to resolve them.

THE PRINCIPLE OF THE RULE OF LAW IN THE SYSTEM OF LOCAL SELF-GOVERNMENT

The principle of the rule of law, or legal guarantee, plays a key role in the system of local government, providing a framework and restrictions for the actions of local authorities. This principle implies that all actions and decisions taken by local authorities must comply with the law, including legislation at higher levels of government, constitutional norms and local legal acts. The rule of law in the system of local self-government ensures legal stability, protection of the rights and freedoms of citizens, prevents arbitrariness and corruption, and also helps ensure justice and equality before the law for all members of society.

Rationality, Shmationality

Constitutivist approaches to the normativity of rationality have recently come into vogue. Unlike their moral counterparts, however, they have not been confronted with the shmagency objection. In this paper, I challenge them with two versions of the objection based on recent developments in the debate surrounding the normativity of morality. These are shmagency as modal escapability, which is based on taking sophisticated shmagents to be able to modally escape various norms, and shmagency as underdetermination, which is based on taking constitutive norms that allegedly have independent value to be underdetermined by that value. I consider three different kinds of constitutivist theories of the normativity of rationality: first-person-authority views, single-mental-state views, and systems-of-mental-states views. None of the three are able to deal with either of these shmagency objections. There are sophisticated shmagents who escape all these types of constitutivist principles of rationality, so they are modally escapable, and the value of rationality underdetermines all the views. Upshot: constitutivists about structural rationality ought to worry about shmagency.

The principle of the rule of law in the system of constitutional principles for the implementation of the right to a safe environment

The scientific article examines the importance of the principle of the rule of law in the system of constitutional principles for the implementation of the right to a safe environment. It was found that constitutional principles are a type of legal principles and there is also no unity among scientists to understand them, which cannot contribute to the unequivocal application of law. The innovative approach and proposed concepts of «ecological constitutionalism» are analyzed, which at the same time shows the complexity of the issue of environmental protection, the combination of the principles of constitutional, environmental and international law. It further developed the proposition that every modern constitution should be based on a fundamental environmental commitment to present and future generations and thereby protect key societal values from certain political turbulence, government policy change that favors short-term economic or political advantages over long-term environmental or economic sustainability. It is the constitutional norms that must guarantee the sustainability of development, as well as stability from political changes in the course regarding the protection of basic human rights and the protection of a safe environment, without which it is not possible to create the proper conditions for a decent human life and social development. The concepts of «constitutional principles», «principles of environmental law» and «rule of law» were studied. Various approaches among scientists to understanding the principle of the rule of law have been clarified. Those decisions of the Constitutional Court of Ukraine that allow personifying and objectifying the principle of the rule of law, as well as developing the content of this principle, are analyzed. It was established that the Constitutional Court of Ukraine in its decisions meaningfully filled the principle of the rule of law, emphasized the non-identity of law and law, remarked on justice as a key element of law, which in combination with equality, legal certainty fills this concept. Our own approach to understanding the principle of the rule of law as the basis of the system of constitutional foundations for the realization of the right to a safe environment is substantiated.

Constitutional and legal responsibility of subjects of the election process: general principles

The scientific article examines and analyzes the general principles of the constitutional and legal responsibility of the subjects of the election process. It has been established that legal responsibility in constitutional law means social and public legal responsibility for violation of the current constitutional legislation of Ukraine. This responsibility can be both direct, the types and extent of which are established by the constitutional legislation of Ukraine (constitutional-legal responsibility), and indirect, the types and extent of which are determined by other branches of Ukrainian law. It was determined that the normative basis of constitutional and legal responsibility is the establishment of actual illegal actions in constitutional and legislative acts that cause constitutional and legal responsibility. The actual basis for the emergence of constitutional-legal responsibility is a constitutional offense committed by the subject of constitutional-legal relations. The procedural basis for the emergence of constitutional liability is a decision made by the relevant body (official) regarding a constitutional offense. It is emphasized that the constitutional and legal responsibility of the subjects of the election process ensures the correct course of elections and compliance with democratic principles, and also guarantees that the elections are held openly, honestly and taking into account the rights and interests of all citizens. Its legislative regulation and optimal practical application is critical for ensuring democracy, legitimacy and stability of government, as it includes compliance with constitutional norms, protection of voters’ rights, ensuring the honesty and transparency of the electoral process and protection of the constitutional order in the country. In summary, when analyzing the essence of the constitutional and legal responsibility of the subjects of the election process, it should be taken into account that the basis for this responsibility is their constitutional and legal nature and status. Constitutional and legal responsibility for violation of election legislation has a significant political color, as it is determined by the subject’s participation in election processes that relate to the organization of elections and their conduct; determination of who should exercise state power; covers the interaction between the state and citizens and reflects the desire of subjects to achieve power and influence on the formation of general decisions of the state, including their leading role in this process.

Prospects for the development of constitutional principles of the constitutional and legal status of a person and a citizen

The article substantiates the need for further development of the constitutional principles of the constitutional and legal status of a person and a citizen in Ukraine. In order to solve this task, the current legislation in the field of the constitutional and legal status of a person and a citizen was analyzed, recognizing that the Constitution of Ukraine created an effective constitutional and legal basis for further law-making and rule-making activities of state structures regarding the principles of the constitutional status of a person and a citizen. At the current stage of state formation, the observance of human rights in Ukraine is connected with the legal trend of their recognition at the state-legal level. It should be noted that they are enshrined in various international legal acts, and above all, they are aimed at the development of rights and freedoms, as well as individual guarantees. The problems of the real guarantee of the rights and freedoms of a person and a citizen within the framework of their consolidation in the constitutional principles of the legal status of a person and a citizen, as well as the question of the actual state of the position of these things, rarely become the subject of scientific research. It is this that determines the need to research the aspect of the prospects for the development of the principles of the constitutional status of a person and a citizen, as well as the elements and mechanisms of its implementation. It is argued that the modern constitutional development of Ukraine in the context of the European dimension of political transformations determines the problem of rethinking the role and meaning of the constitutional principles of the status of a person and a citizen in Ukraine in the process of forming a new legal reality. It was determined that despite the establishment of the basic principles of the constitutional and legal status of a person and a citizen in the Constitution of Ukraine, there is an urgent need for their further development in the context of building a modern democratic legal state. A conclusion is made about the special role and significance of modern transformations of constitutional norms, which highlight the status of a person and a citizen, for the sake of normal and harmonious formation of prospects for the development of the principles of the constitutional status of a person and a citizen, and the introduction of appropriate changes to the Constitution of Ukraine.

The importance of constitutional protective norms in the system of principles for the implementation of the right to a safe environment

The scientific article analyzes the doctrinal provisions for the classification of constitutional norms. Two main approaches were clarified and preference was given to the one that gives a special place to protective norms in the system of constitutional norms. The concept of "environmental protection” has been analyzed, three main approaches have been identified, in which we have singled out the following common features - the systematicity of those protective measures that are applied and the purpose of their use (to contribute to the preservation and restoration of natural resources). The constitutional protective norms contained in the Basic Law of Ukraine, as well as in general and special legislative acts, were analyzed and highlighted. Among the main protective norms in the field of environmental protection, which are contained in the Law of Ukraine "On environmental protection”, the following are highlighted: the basis of sustainable development is not only environmental protection, but also rational approaches to the use of natural resources, which must proportionally take into account the tools of protection and prevention negative impacts from business entities, etc.; predicting environmental safety, monitoring compliance with relevant regulations and limits in the field of natural resource use; protective regulations stimulate the introduction of new technological solutions in the process of greening production processes, guaranteeing conditions for the restoration of natural resources, their integrity and diversity; protective regulations must be scientifically based, take into account interdisciplinary and be predictable, etc. It is substantiated that the list of protective norms-principles defined in Article 3 of the Law "On environmental protection” needs to be supplemented with such a principle as "guaranteeing sustainable development for better environmental protection”.

Kryzys gospodarczy i bezpieczeństwo państwa w warunkach pluralistycznej struktury europejskiego porządku prawnego

The concept of legal pluralism is associated with the phenomenon of multicentrism, polycentrism and international dialogue taking place between courts. Its popularity in the European context is justified by the need to conceptualize the changes occurring in Europe within the ongoing process of European integration. The law and the resulting rules of recognition, as well as the conflict rules that coexist and are jointly applied, which constitute the essence of the definition of legal pluralism, can be tools shaping the functioning of the regulatory environment for economic activity and the functioning of society in times of crisis. Within the European constitutional area, there are still a number of inconsistent rules of recognition. However, in the case of a real conflict between a national constitutional norm and a norm of EU law, Member States try to adapt their constitutions to the normative standard set by the European Union or applying a pro-EU interpretation, thereby recognizing the existence and binding nature of a multi-component, multicentric legal system.

Terminological support for the systematicity of tax regulation as a basis for achieving a balance of interests of participants in tax relations in Ukraine

The relevance of the research topic is backed by the fact that the current tax legislation and other industrylegislation bordering on tax regulation cannot be defined as a systemic, coordinated framework. There arefundamental differences both between certain legislative acts and between certain legislative norms withinone act. The relevance is further forced by the fact that the respective influence on achieving systematic taxlegislation is yet to be taken into account considering the provisions of the Law of Ukraine "On Policy-Making Activities". The purpose of the article is to analyze the terminological aspects that express thecontent of tax regulation, which is carried out in view of the systemic criteria for composition of tax law. Theresearch applies methods of scientific knowledge that specify the problematic nature of the consideration ofissues, namely the systematic method (through which the systematicity of tax law and the systematicity of taxlegislation is investigated), comparative (through which a comparative analysis of the development dynamicsand changes in legislative norms is carried out), prognostic (through which the conclusions regarding theprospects for changing the tax legislation system are made). The comparative nature of the system of both taxlaw and tax legislation is researched. The tax glossary is characterized through the possibilities andconsequences of formulating a stable construction of definitions that expressly ensure tax regulation. Theanalysis of the raised issues is carried out through determining a number of aspects based on the assessmentof the norms of the Law of Ukraine "On Policy-Making Activities". The classification of laws in the context oftax regulation is provided. The system of legislative impact is based on the consistency of the relevant rulesfrom a constitutional norm to a norm of a bylaw . Emphasis is placed on two original constitutionalconstructs (Articles 67, 92 of the Constitution of Ukraine), which are further specified in the relevant taxlegislation. On the basis of the conducted research, conclusions and recommendations were developed that aclear consideration of a particular balance of norms contributes to the elimination of gaps and conflicts intax regulation. Achieving a balance of interests of the participants in tax relations cannot occur in case ofsystematic ignoring and violation of policy-making procedures. Article 4 of the Tax Code of Ukraineestablishes unanimous requirements regarding the stability of tax legislation, the objective necessity of acertain period of delay between the moment of adoption of a legislative norm and its entry into force.

Knowing What One Likes: Epistemicist Solution to Faultless Disagreement

AbstractIn this paper, I argue that the phenomenon of faultless disagreement for predicates of taste may be fruitfully explained by appealing to the vagueness of predicates of taste and the epistemicist reading of vagueness as defended by Timothy Williamson (1994). I begin by arguing that this position is better suited to explain both the “faultless” and “disagreement” intuition. The first is explained here by appealing to the necessary ignorance of the predicate’s boundaries and a plausible account of constitutive norms of taste assertions, while the second by insisting on classical, absolutist semantics for judgments containing predicates of taste. Furthermore, I analyze the arguments against the reading of taste predicates as vague based on the alleged epistemic privilege concerning one’s taste and on the lack of definite cases. Responding to these objections, I develop a plausible account of constitutive norms of taste assertions, comment on the assumed epistemic privilege concerning taste ascriptions and provide a more detailed account of sources of the vagueness of predicates of personal taste, which I dub “super-vagueness.”

Equality between citizens. language as criterion of discrimination

Equality is a trivalent constitutional principle. It can be regarded both as a general principle of rights, as a fundamental right and as an additional guarantee for the exercise of fundamental rights, freedoms and duties. Respect for the principle of equality for all persons irrespective of race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, wealth or social origin excludes discrimination and is a catalyst for human dignity. Non-discrimination is a basic rule in human rights law and a resonance of the principle of equality. All relevant international human rights treaties and declarations contain references to discrimination. In national domestic legislation, especially at constitutional level, equality between citizens and discrimination also feature prominently. Language discrimination is based on one of the criteria for discrimination laid down in the constitutional norm: the criterion “language”.

Constitutional values and legal regulation of labor relations

The article examines individual issues of the influence of constitutional principles and constitutional provisions guarantees of the implementation of human rights on the current labor legislation. Based on the constitutional and legal understanding of values, the features of the content of guarantee norms in the Constitution of the Republic of Moldova are determined, and a comparison of constitutional norms, constitutional values and constitutional principles. on this basis, the content of labor legislation is analyzed, including the norms of the labor code of the Republic of Moldova, which enshrines the principles of legal regulation of labor relations. Constitutional values are also considered in interdependence with the content of individual norms of the European and international standards governing human labor rights. A number of conclusions are formulated regarding the importance of taking into account constitutional values in rule-making in the field of labor and labor protection. Proposals have been made to improve the effectiveness of current legislation, taking into account the influence of constitutional norms and constitutional values on sectoral labor legislation.