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Spoilers as a form of abuse of power 剧透者是一种滥用权力的形式

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2021-1-47-58

Pavel D. Blokhin

{"title":"Spoilers as a form of abuse of power","authors":"Pavel D. Blokhin","doi":"10.21128/1812-7126-2021-1-47-58","DOIUrl":"https://doi.org/10.21128/1812-7126-2021-1-47-58","url":null,"abstract":"In the article the author specifies some general theoretical approaches to the concept of abuse of power, which were outlined by him earlier in his article «Abuse of Rights and Abuse of Power: To the Formation of a Unified Doctrine» published in one of the issues of this journal. In the introduction, the author proposes the concept of spoilers as a form of abuse and defines it in a following way: a participation of representatives of public authorities in the distribution of limited resources, which has the sole purpose of hindering (blocking) the exercise by citizens of their right to free expression of opinion (Article 29) and the right to participate in the life of the state (Part 1 of Article 32) and which is therefore unacceptable within the meaning of Article 18 of the Constitution of the Russian Federation. The main part of the article discusses possible illustrations of spoilers in the following areas of legal relations: the organization of public assemblies (including in single specially designated places), participation in public hearings (in particular, on the adoption and amendment of land use rules), initiation of a federal referendum (namely, challenging the decision of the election commission to register a regional subgroup of the initiative group). Finally, in the last part of the work, the author briefly examines possible models of legal regulation of countering abuse of power, and also warns against uncritical (politicized) use of this category, since this, in turn, may be fraught with violations of citizens' rights. According to the author, among such models are ex ante mechanisms (amending the current legislation and construing the norm in a constitutionally biding manner) and ex post mechanisms (application of the principle of inadmissibility of abuse of power by a court of general jurisdiction when considering a specific dispute), each of which has its advantages and disadvantages.","PeriodicalId":113514,"journal":{"name":"Sravnitel noe konstitucionnoe obozrenie","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131453510","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Constitutional rights and freedoms in the third Russian post-soviet republic 俄罗斯第三个后苏联共和国的宪法权利和自由

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2021-2-46-58

I. Alebastrova

{"title":"Constitutional rights and freedoms in the third Russian post-soviet republic","authors":"I. Alebastrova","doi":"10.21128/1812-7126-2021-2-46-58","DOIUrl":"https://doi.org/10.21128/1812-7126-2021-2-46-58","url":null,"abstract":"The main idea of the article is that most provisions of the amendment to the Russian Constitution, which was adopted in 2020, affect constitutional human rights in one way or another and limit them. The changes made by the amendment to the configuration of the state powers and the legal status of a man and the citizen, are so significant that the model of the Russian state organization installed after its introduction can be considered the third post-Soviet republic. We believe that the first post-Soviet republic was existing during the 90-s years of the XX century in our country. It was characterized by a significant commitment to the European standards. The second one covered the first two decades of the XXI century. It was characterized by the struggle of two inertial mechanisms: the new democratic one, which was launched in the period of the first republic, and the old dictatorial one, which did not cease to operate, and it has grown stronger while the new Russian political leadership was relying on it. The period of the third post-Soviet Russian Republic, which began together with the amendment-2020 to the Constitution, is characterized by the prevalence of elements of the dictatorial model of governing in our country. Within the context of the role of the amendment provisions in insuring of human rights, they can be divided into three categories: direct and indirect restrictions of human rights and neutral ones for their quantity and quality but intended for diverting attention from the rights restrictions imposed by the two first groups of the amendment provisions. Restrictions imposed by the amendment affect personal and political rights while false guaranties cover social rights. The direct restrictions on human rights mean impositions of prohibitions or duties on a person by the amendment. Indirect ones include the weakening the mechanism of checks and balances by means of strengthening the President power. The author concludes that the direct and indirect restrictions on personal and political rights do not pass the proportionality test, established by Russian Constitution (Part 3 of Article 55), being illegal for this reason.","PeriodicalId":113514,"journal":{"name":"Sravnitel noe konstitucionnoe obozrenie","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130528025","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Review of legal reasoning in the Russian Constitutional Court rulings Nos.3-O–7-O, 297-O • 2020 对俄罗斯宪法法院第3- 7- o号裁决中的法律推理的回顾，297-O•2020

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2020-2-154-164

引用次数: 0

Retroactive change of statutory limitations for prosecution of criminal offences: the judgment of the Russian Constitutional Court of 19 January 2017 in the European context 刑事犯罪起诉法定时效的追溯变更:2017年1月19日俄罗斯宪法法院在欧洲背景下的判决

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2019-5-72-89

Nikolay Bobrinskiy

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The balance of constitutional values in strategies to combat illicit enrichment (Russian case) 打击非法致富战略中的宪法价值平衡(俄罗斯案例)

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2019-5-113-124

A. Chumakov

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Review of legal reasoning in the Russian Constitutional Court judgments: Nos.16-P–26-P (2020) 俄罗斯宪法法院判决中的法律推理审查:no .16- p - 26- p (2020)

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2020-4-147-160

引用次数: 0

Political philosophy of M.Gorbachev and the prospects for a new world order. Book review Gorbachev M. In a changing world. Moscow : AST, 2018 戈尔巴乔夫的政治哲学和世界新秩序的前景。书评戈尔巴乔夫·M.在变化的世界里。莫斯科:AST, 2018

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2019-5-125-144

A. Medushevsky

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Rhetoric of restrictions: arguments in judicial decisions on fundamental rights 限制修辞:关于基本权利的司法判决中的争论

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2019-5-34-54

A. Soboleva

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Review of legal reasoning in the Russian Constitutional Court judgments: Nos.20-P– 29-P (2021) 俄罗斯宪法法院判决中的法律推理回顾:no .20- p - 29-P (2021)

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2021-4-172-192

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Review of legal reasoning in the Russian Constitutional Court judgments: Nos.4-P – 8-P • 2020 俄罗斯宪法法院判决中的法律推理审查:no .4- p - 8-P•2020

Sravnitel noe konstitucionnoe obozrenie Pub Date : 1900-01-01 DOI: 10.21128/1812-7126-2020-2-144-153

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