EDITORIAL
HUMANISM, JUDICIARY, CORRUPTION PREVENTION
In the context of the intensification of the integration processes of the Russian Federation and the Republic of Belarus, the focus of legal integration on the harmonization and even unification of labor legislation, it seems relevant to address the legal issues of decent work and ensuring the quality of life of citizens of both states, the convergence of state minimum social standards. The main attention in the article is given to such initial axiological legal principles that play a leading role in ensuring decent work and the quality of work life as social justice and humanism in the social and labor sphere, which determines the structure of this article. The problem of quality of life is interdisciplinary. It has not only a legal, but also an economic, sociological, socio-cultural, general philosophical context. Therefore, in the article, along with general scientific and special legal methods, an interdisciplinary approach is widely used. The authors aim is, based on doctrinal developments, normative material and its comparative analysis, to deepen the understanding of the ideas of social justice and humanism in the social and labor sphere, which underlie the legal program of decent work and the concept of the quality of work life with the development of proposals for improving the labor legislation of Russia and Belarus.
The existing demand for ensuring constitutional legal order as an indicator of the embodiment of law and legality in the regulation of social relations, the role of the judiciary and civil society institutions in achieving the supremacy of the Constitution as the most important condition for the formation of a constitutional state testify to the relevance of the chosen topic of research. The article is aimed at developing conceptual positions on the relationship of various public institutions (state and non-state) in the framework of ensuring justice as the most important guarantee of the rights and freedoms of citizens, their associations, a fundamental condition for ensuring and maintaining constitutional legal order. The study of the role of the judiciary in its dialectical relationship with the institutions of civil society, in the formation and maintenance of the constitutional legal order was used as the main approach for the research of the selected problems. The application of systemic and structural-functional methods of research provided an opportunity to consider the issues of constitutional legal order as a holistic phenomenon, which is in direct dependence on the associated systems of the judiciary and civil society. The analysis of the norms of the Constitution of the Russian Federation, the current legislation of Russia, domestic and foreign scientific publications on judicial power and its interaction with institutions of civil society made it possible to receive the scientific information on the nature of influence of these constitutional and legal institutes on maintenance of the constitutional legal order. There is a need to increase the level of constitutionalization of legal regulation of public relations in the specified sphere, aimed to guarantee the effective realization of the principle of people's authority. The results and conclusions presented in the article can be used for the purposes of improvement legal and regulatory framework for social relations in the spheres of relations between the judiciary and civil society in their aim to achieve and maintain constitutional legal order. The obtained scientific information can be used in the educational process, as well as a basis for further theoretical research in the field of problems of Russian constitutionalism.
The study is devoted to a comprehensive analysis of the content and features of the currently existing administrative law forms and methods used to prevent corruption in public administration of the Russian Federation. The authors draw attention to the high level of public danger of corruption and its manifestations. It is emphasized that corruption is one of the main threats to Russia’s national security. The paper describes the main universal legal and doctrinal approaches to corruption prevention and corruption manifestations in public administration bodies at federal, regional and municipal levels of government. The authors have revealed the main causes of corruption in public administration; their detailed classification is given. The paper also considers the main directions of the state anti-corruption policy of the Russian Federation in public administration bodies. Attention is focused on the participation of civil society institutions in the implementation of certain areas of anti-corruption. The paper presents the authors’ proposals for improving legal foundations of the currently existing domestic system of anti-corruption forms and methods aimed at preventing and minimizing corruption manifestations. The paper analyzes types, content, and features of their application in public administration activities.
INTERNATIONAL AGENDA
The dire need to expand the frontiers of the enforcement mechanism of the rules of international humanitarian law through the international institutions has been of a global concern for ages. Driven primarily by efforts to enforced and promote the rules of international humanitarian law, there is a need to develop measures capable of promoting the rules of international humanitarian law through the international institutions. The objective of this paper is to analyze and establish that expanding the frontiers of the enforcement mechanism of the rules of international humanitarian law through the international institutions bothering on individual or state responsibility will further strengthen the low level of enforcement of these rules. However, this paper noted that there is a significant enforcement gap both at the regional and international levels. Further, this paper argues that in order to guarantee a high level of enforcement of these rules both at the regional and universal levels, a more integral approach on the role of international institutions is capable of addressing the enforcement gap of the rules of international humanitarian law. This paper adopts a diagnostic approach based on a review of literatures, which is achieved by synthesis of ideas. This paper concludes with recommendations among others that in order to boast the purpose for which the rules of international humanitarian law were made, the level of enforcement of these rules should be expanded to fill the enforcement gaps at the domestic, regional and universal levels.
The dynamic change in the role of the European institutional integration in the joint development of continental Europe, as well as its consequences arises some issues for discussion. The purpose of the research is to offer alternative options for the development of the EU to avoid a perforce change in European integration. Currently, the transition from a narrow economic model of delegation to a broader model of demarcation continues. The EU sees itself as an indispensable tool for implementation of the common interests of states and citizens in different spheres, energy and finances in particular. From the legal point of view, European politicians have grounds for the rule implementation concerning various areas of life, not limited to the economic sphere, and taking the established rule of EU law into account. At the same time, problems arise regarding the understanding of this supremacy. Since the essence of the European Union as an integration association and an international organization is unusual given the independence from the Member States EU policy, the institutions themselves often pursue an aggressive policy to bring national practices on certain issues in line with the Union law. Uncertainty about the further development of Europe has arisen because some states and the EU initially pursued different goals within the framework of the Union. The EU’s approach is increasingly focusing on the creation of common good and search for justice. By these means, the Union seeks to replace the functions of the state. At the same time, guided by the legal point of view and the fact that EU policies do not always suit the nation and its citizens, it may be necessary to rethink the role of EU institutions. It should no longer imply the adoption of binding decisions by the Member States regarding issues of social security and equality of rights of various groups. Otherwise, cases of conflict within the EU will lead to a perforce reduction in the organization’s functions. The article reviews the latest trends concerning the harsh response of several European states to EU extensive policy aimed not only at economic regulation, but also at changing society and the principles of its existence as a whole. The authors believe that in order to force the transfer of powers to the EU level Russia is deemed an eminent factor. The methods of research include both theoretical (analysis, synthesis, deduction, induction, analogy) and special legal methods of cognition (formal legal and comparative legal).
HUMAN RIGHTS AND MODERNITY
The emancipation of women in Russia, while it began quite fruitfully, during some periods of the development of the Russian (Soviet) society and Russian (Soviet) statehood had obvious failures that eventually reversed it resulting in counter-emancipation. To this day, these phenomena remain in an unfriendly interaction. This is most clearly demonstrated in political and social activities, labor (restrictions on the right of access to a profession; harassment), criminal policy (gender differentiation in the penal system, inefficiency in counteracting domestic violence), legal regulation of family relations (no legal recognition of de facto marriage; de facto polygamy; surrogate motherhood; property insecurity). The draft law on guarantees of equal opportunities for men and women and their implementation has been given a “red light”. The sociocultural context of the relations under consideration is heavily burdened by a patriarchal parlance. The authors suggest that despite the obvious fact that public opinion and legislative decisions are not generally oriented towards maintaining discrimination and/or counteremancipation, we have yet to see a clear and efficient breakthrough that would equalize the legal and actual statuses of men and women in the Russian legal system and in Russian society as a whole.
Criminalistics and forensics need rapid development to keep up with the changes in the society that are caused by dramatic changes in information and telecommunication technologies. The paper addresses the issue of including a new subject related to the turnover of cryptocurrencies in criminalistic analysis. Investigative and court practice show that when crimes are committed cryptocurrency can be an object of the offense (e.g., in theft) or can be used by offenders in the mechanism of a crime (e.g., legitimization of proceeds of crime by cashing in). To successfully investigate such crimes, it is necessary to study the mechanism of formation in the cryptocurrency transactions used by criminals in order to provide scientific recommendations to law enforcers concerning detection, fixation, seizure and investigation of traces of a crime. The development of effective tools in criminalistics forms a priority task at the present stage. The authors associate the specifics of the investigation of crimes related to the cryptocurrency turnover with its electronic nature, which determines the criminalistic recommendations proposed in the paper. Urgent training courses for investigators seem to be a reasonable solution to the problem. They can train investigators specializing in the investigation of such crimes, and their training (retraining) should involve the best experts in the field of IT technologies and experts from foreign jurisdictions where law-upholders have already accumulated experience in countering such crimes.
Gone are the days when humanity existed in only one dimension. Digitalization, artificial intelligence (AI), virtual reality (VR) and augmented reality (AR) create new opportunities but also pose new challenges and risks for society. One of the most vital concerns that arises due to these changes is whether people's perception of themselves remains the same or it is gradually changing. These issues require particular attention amid the emergence of a new world: the metaverse. The article addresses the issue of identifying the main changes happening to a person's ‘self’ from a philosophical and legal perspective and outlines the already existing threats to human rights. The study revealed that it is already possible to speak about serious transformations in a personal identity construct, which is changing qualitatively, but also expands dimensionally, i.e. there are not only a multiple identity, but also a multidimensional one. These transformations have caused serious implications of ethical and legal character. Digital identity in its legal sense has become an integral part of our lives, whether we like that or not. Privacy is becoming the most topical issue as the ubiquitous surveillance, data gathering of various kinds leave next to nothing as to preserving your private life private.
THE LEGACY OF THE HUMAN RIGHTS MOVEMENT
The paper is devoted to the legacy of Fritz Bauer — the Prosecutor General of the Land of Hesse in West Germany — and analyzes his understanding of the possibility of building the rule of law in Germany, understanding the criminal past of Germany and realizing the responsibility of the German citizens for the genocide of the Jewish people. Fritz Bauer was one of the most consistent supporters of the criminal prosecution against Nazi criminals in the Federal Republic of Germany (FRG). In Bauer’s view, the Nuremberg trials were supposed to witness the desire of the German state to restore the rule of law, preserve the memory of millions of victims of Nazism, celebrate the triumph of justice and human rights. In the course of the court proceedings, Fritz Bauer sought to show that millions of German citizens who supported the Hitler regime and shared the ideology of National Socialism were responsible for Nazi atrocities. The merit of Fritz Bauer’s goal was to recognize the Third Reich as an illegitimate State and rehabilitate the participants of the Anti-Hitler Resistance Movement. In his articles and court speeches, Bauer justified the right of citizens to resist the criminal authorities, argued that disobeying criminal orders was the only possible option for lawful behavior in an illegitimate State. Fritz Bauer was convinced that it was possible to prevent the repetition of the past and prevent the neo-Nazis from coming to power only through the democratic education of the younger generation of the Germans, ensuring universal respect for human rights and dignity.
ISSN 2713-0533 (Online)