Pub Date : 1900-01-01DOI: 10.31249/pravconst/2019.01.09
S. Kodaneva
The practice of reflecting the issues of social responsibility of the state and sustainable development in the constitutional law of America, Europe, Africa, China and in the scientific literature is analyzed.
分析了美国、欧洲、非洲和中国的宪法以及科学文献中反映国家社会责任和可持续发展问题的实践。
{"title":"СONSTITUTIONAL-LEGAL ASPECTS OF SOCIAL RESPONSIBILITY OF THE STATE","authors":"S. Kodaneva","doi":"10.31249/pravconst/2019.01.09","DOIUrl":"https://doi.org/10.31249/pravconst/2019.01.09","url":null,"abstract":"The practice of reflecting the issues of social responsibility of the state and sustainable development in the constitutional law of America, Europe, Africa, China and in the scientific literature is analyzed.","PeriodicalId":147097,"journal":{"name":"Modern Constitutional Law: Russian and Foreign Studies","volume":"51 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":"121970318","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}
Pub Date : 1900-01-01DOI: 10.31249/pravconst/2019.01.05
E. Alferova
The article discusses the impact of digital technologies on the development of traditional human rights and democracy the formation of new types of human rights, which are defined as generation of digital rights.
本文论述了数字技术对传统人权与民主发展的影响，对新型人权的形成，并将其定义为数字权利的生成。
{"title":"DIGITAL TECHNOLOGIES AND NEW POSSIBILITIES OF REALIZATION OF СONSTITUTIONAL HUMAN RIGHTS AND DEMOCRACY: ANALYSIS OF SOME CONTROVERSIAL ISSUES","authors":"E. Alferova","doi":"10.31249/pravconst/2019.01.05","DOIUrl":"https://doi.org/10.31249/pravconst/2019.01.05","url":null,"abstract":"The article discusses the impact of digital technologies on the development of traditional human rights and democracy the formation of new types of human rights, which are defined as generation of digital rights.","PeriodicalId":147097,"journal":{"name":"Modern Constitutional Law: Russian and Foreign Studies","volume":"27 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":"129017452","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}
Pub Date : 1900-01-01DOI: 10.31249/pravconst/2019.01.08
G. Andreeva
The review describes and analyzes the work of Russian constitutionalists on the theory of constitutional reforms, including the problems of constitutional limits of constitutional amendments and the specifics of constitutional control over amendments to the сonstitution, as well as Russian studies on changes in specific constitutions. The most striking examples of the latter are the works on constitutional changes in the post-soviet space and constitutional changes in the wake of the «Arab spring».
{"title":"THEORY AND PRACTICE OF CONSTITUTIONAL REFORMS IN FOREIGN COUNTRIES IN THE MODERN WORKS OF RUSSIAN SCIENTISTS","authors":"G. Andreeva","doi":"10.31249/pravconst/2019.01.08","DOIUrl":"https://doi.org/10.31249/pravconst/2019.01.08","url":null,"abstract":"The review describes and analyzes the work of Russian constitutionalists on the theory of constitutional reforms, including the problems of constitutional limits of constitutional amendments and the specifics of constitutional control over amendments to the сonstitution, as well as Russian studies on changes in specific constitutions. The most striking examples of the latter are the works on constitutional changes in the post-soviet space and constitutional changes in the wake of the «Arab spring».","PeriodicalId":147097,"journal":{"name":"Modern Constitutional Law: Russian and Foreign Studies","volume":"520 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":"123413285","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}
Pub Date : 1900-01-01DOI: 10.31249/pravconst/2019.01.06
Sergei Nekrasov
The constitutional principles of the Federal structure and local self-government during the quarter-century period of the Constitution of the Russian Federation have not undergone a serious transformation. Nevertheless, through the current legislative and other legal regulation, the constitutional model of the territorial organization of public power in the Russian state has been seriously modified: the structure of the Russian Federation is changing, new levels of state administration (sub-Federal, sub-regional) are emerging, the status of special administrative-territorial units is being formalized, there is an excessive centralization of local self-government. Not all trends appear to be unambiguously positive and suggest the need of further scientific understanding and discussion.
{"title":"THE TERRITORIAL CONFIGURATION OF POWER IN THE RUSSIAN FEDERATION (THE PROBLEMATIC ISSUES OF DOCTRINAL UNDERSTANDINGS AND CONSTITUTIONAL-LEGAL REGULATION","authors":"Sergei Nekrasov","doi":"10.31249/pravconst/2019.01.06","DOIUrl":"https://doi.org/10.31249/pravconst/2019.01.06","url":null,"abstract":"The constitutional principles of the Federal structure and local self-government during the quarter-century period of the Constitution of the Russian Federation have not undergone a serious transformation. Nevertheless, through the current legislative and other legal regulation, the constitutional model of the territorial organization of public power in the Russian state has been seriously modified: the structure of the Russian Federation is changing, new levels of state administration (sub-Federal, sub-regional) are emerging, the status of special administrative-territorial units is being formalized, there is an excessive centralization of local self-government. Not all trends appear to be unambiguously positive and suggest the need of further scientific understanding and discussion.","PeriodicalId":147097,"journal":{"name":"Modern Constitutional Law: Russian and Foreign Studies","volume":"174 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":"127417449","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}
Pub Date : 1900-01-01DOI: 10.31249/pravconst/2019.01.04
I. Aleshkova, O. Molokaeva
The article highlights the main trends in the development of human rights. Particular attention is paid to the expansion of the list of fundamental human rights and the allocation of such as the right to oblivion, the presumption of consent to organ transplantation, access to the Internet, etc.
{"title":"NEW GENERATION OF HUMAN RIGHTS AND THEIR CONSTITUTIONAL DEVELOPMENT","authors":"I. Aleshkova, O. Molokaeva","doi":"10.31249/pravconst/2019.01.04","DOIUrl":"https://doi.org/10.31249/pravconst/2019.01.04","url":null,"abstract":"The article highlights the main trends in the development of human rights. Particular attention is paid to the expansion of the list of fundamental human rights and the allocation of such as the right to oblivion, the presumption of consent to organ transplantation, access to the Internet, etc.","PeriodicalId":147097,"journal":{"name":"Modern Constitutional Law: Russian and Foreign Studies","volume":"35 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":"127566404","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}
Pub Date : 1900-01-01DOI: 10.31249/pravconst/2019.01.02
Veniamin Chrkin
The Constitution RF 1993 isn't perfect, but it has social and legal value. In the drafting and adoption of the Constitution of 1993 often considered some socio-political forces and scientists-сonstitucionalists a temporary, transitional Constitution. The political elite, got after the shooting of a White house in Mosсow their hands real levers of state power, understood that the situation may be sought to replace the basic law back to totalitarian socialism. Therefore, in the Constitution the provisions were included, which banned the changing on the principle rules on social and state system - chap. 1, also 2 and 9. Up to a certain period in the development of society such bans have a positive meaning, protected social and legal value of the Constitution, enshrining it the foundations of a new order. But at some point they may hinder progressive development of the societу, new implementation of the ideas of social justice, social partnership, social responsibility and authoritarianism. In addition, in article 5, 11 and other contain incorrect position. «Point аmendments» to the Constitution to correct chapter 1, to include new provisions on the basis of experience gained, you cannot. Some of these provisions are contained in the unchanged chapter 1. This article discusses the specific provisions of the Constitution, which continue to maintain lasting social and legal value and says such provisions, that must be corrected.
{"title":"ON THE SOCIAL AND LEGAL VALUES OF THE RUSSIAN CONSTITUTION, 1993, ON VALUES ENSHRINED THERE TO AS WELL AS ITS DISADVANTAGES","authors":"Veniamin Chrkin","doi":"10.31249/pravconst/2019.01.02","DOIUrl":"https://doi.org/10.31249/pravconst/2019.01.02","url":null,"abstract":"The Constitution RF 1993 isn't perfect, but it has social and legal value. In the drafting and adoption of the Constitution of 1993 often considered some socio-political forces and scientists-сonstitucionalists a temporary, transitional Constitution. The political elite, got after the shooting of a White house in Mosсow their hands real levers of state power, understood that the situation may be sought to replace the basic law back to totalitarian socialism. Therefore, in the Constitution the provisions were included, which banned the changing on the principle rules on social and state system - chap. 1, also 2 and 9. Up to a certain period in the development of society such bans have a positive meaning, protected social and legal value of the Constitution, enshrining it the foundations of a new order. But at some point they may hinder progressive development of the societу, new implementation of the ideas of social justice, social partnership, social responsibility and authoritarianism. In addition, in article 5, 11 and other contain incorrect position. «Point аmendments» to the Constitution to correct chapter 1, to include new provisions on the basis of experience gained, you cannot. Some of these provisions are contained in the unchanged chapter 1. This article discusses the specific provisions of the Constitution, which continue to maintain lasting social and legal value and says such provisions, that must be corrected.","PeriodicalId":147097,"journal":{"name":"Modern Constitutional Law: Russian and Foreign Studies","volume":"153 9 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":"131347585","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}
Pub Date : 1900-01-01DOI: 10.31249/pravcost/2019.01.10
Timofei Zakharov
The review deals with the possible influence of AL technologies on the constitutional framework of states political order. Technology aspects of legitimacy of the automated algorithms in public decision making are analyzed.
{"title":"АRTIFICIAL INTELLIGENCE AND THE FUTURE OF DEMOCRACY: A POLITICO-LEGAL AND TECHNOLOGICAL ASPECTS","authors":"Timofei Zakharov","doi":"10.31249/pravcost/2019.01.10","DOIUrl":"https://doi.org/10.31249/pravcost/2019.01.10","url":null,"abstract":"The review deals with the possible influence of AL technologies on the constitutional framework of states political order. Technology aspects of legitimacy of the automated algorithms in public decision making are analyzed.","PeriodicalId":147097,"journal":{"name":"Modern Constitutional Law: Russian and Foreign Studies","volume":"32 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":"132100980","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}
Pub Date : 1900-01-01DOI: 10.31249/pravconst/2019.01.01
I. Konyukhova
The article reveals the dialectics of the development of constitutional law in the conditions of the transformation of law in the XXI century. Two general trends in the development of law - globalization and differentiation of law, manifested in the formation of branches of law of the new generation, its internationalization, humanization and socialization are considered. Attention is drawn to the fact that the crisis of liberal democracy has caused the increasing importance of the axiology of law.
{"title":"Constitutional law in the XXI century and the transformation of modern law","authors":"I. Konyukhova","doi":"10.31249/pravconst/2019.01.01","DOIUrl":"https://doi.org/10.31249/pravconst/2019.01.01","url":null,"abstract":"The article reveals the dialectics of the development of constitutional law in the conditions of the transformation of law in the XXI century. Two general trends in the development of law - globalization and differentiation of law, manifested in the formation of branches of law of the new generation, its internationalization, humanization and socialization are considered. Attention is drawn to the fact that the crisis of liberal democracy has caused the increasing importance of the axiology of law.","PeriodicalId":147097,"journal":{"name":"Modern Constitutional Law: Russian and Foreign Studies","volume":"25 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":"114728311","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}
Pub Date : 1900-01-01DOI: 10.31249/pravconst/2019.01.11
Angelina Ivanova
The main problems of privacy and various solutions from the point of view of constitutional rights and freedoms provided in the developed countries of the world are considered.
从世界发达国家提供的宪法权利和自由的角度考虑了隐私的主要问题和各种解决办法。
{"title":"CONSTITUTIONAL GUARANTEES OF PRIVACY IN THE DIGITAL SPACE","authors":"Angelina Ivanova","doi":"10.31249/pravconst/2019.01.11","DOIUrl":"https://doi.org/10.31249/pravconst/2019.01.11","url":null,"abstract":"The main problems of privacy and various solutions from the point of view of constitutional rights and freedoms provided in the developed countries of the world are considered.","PeriodicalId":147097,"journal":{"name":"Modern Constitutional Law: Russian and Foreign Studies","volume":"31 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":"122869496","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}
Pub Date : 1900-01-01DOI: 10.31249/pravconst/2019.01.13
E. Kolyushin
The article deals with the constitutional and legal characteristics of the Russian state, the concept and concepts of the social state, the content and range of basic socio-economic rights enshrined in the Constitution of the Russian Federation, the constitutional and legal understanding of the right to private property, the right to business and other economic activities not prohibited by law, the right to work, the right to education, the right to housing, etc., as well as the problem of increasing the social dimension of modern constitutional law.
{"title":"CONSTITUTIONAL PROBLEM OF THE WELFARE STATE","authors":"E. Kolyushin","doi":"10.31249/pravconst/2019.01.13","DOIUrl":"https://doi.org/10.31249/pravconst/2019.01.13","url":null,"abstract":"The article deals with the constitutional and legal characteristics of the Russian state, the concept and concepts of the social state, the content and range of basic socio-economic rights enshrined in the Constitution of the Russian Federation, the constitutional and legal understanding of the right to private property, the right to business and other economic activities not prohibited by law, the right to work, the right to education, the right to housing, etc., as well as the problem of increasing the social dimension of modern constitutional law.","PeriodicalId":147097,"journal":{"name":"Modern Constitutional Law: Russian and Foreign Studies","volume":"17 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":"115441217","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}
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