Madatov O.Y. —
The constitutional duty of men and women in the legislation of the Russian Federation
// Genesis: Historical research. – 2024. – ¹ 10.
– P. 68 - 85.
DOI: 10.25136/2409-868X.2024.10.68768
URL: https://en.e-notabene.ru/hr/article_68768.html
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Abstract: The article examines the formation, development and modern definition of the concept of constitutional duty of Russian citizens, as well as the constitutional problems of its establishment depending on their gender identity. It is proved that the duty of a citizen in the Constitution of the Russian Federation creates conditions for violating the constitutional principle of gender equality established by part 2 of Article 6 of the Constitution of the Russian Federation.
The object of the study is public relations regulating the relationship between the state and citizens on the issue of the latter's fulfillment of the constitutional duty established by part 1 of Article 59 of the Constitution of the Russian Federation.
The subject of the study is the norms of constitutional, civil and criminal law, as well as law enforcement practice regulating the object of the study. The purpose of the study is to establish the correspondence of the constitutional duty of men and women to the constitutional principle of legal equality of the sexes. This goal determined the need to set and solve the following tasks:
1. To investigate the evolution of the concept of duty as a legal category.
2. To consider the formation and consolidation of the concept of duty in the constitutional law of Russia
3. Compliance of the constitutional duty of men and women with the constitutional principle of legal equality of the sexes.
The study showed that there is no single approach to understanding duty in modern science, but an analysis of the evolution of its consolidation showed that the term duty is based on the duties of citizens. This term was first legislated in the USSR Constitution of 1936 and the Constitution of the RSFSR of 1937 in order to separate the constitutional duties of citizens of a bourgeois state from the duty of a citizen of a socialist republic. In the current understanding, the constitutional duty of citizens is attributed only to the protection of the Fatherland, however, this term is not a gender-neutral concept, since it is only a duty inherent exclusively to men.
Madatov O.Y. —
Reforming the justice process as a basis for combating corruption
// Administrative and municipal law. – 2024. – ¹ 5.
– P. 1 - 17.
DOI: 10.7256/2454-0595.2024.5.71693
URL: https://en.e-notabene.ru/ammag/article_71693.html
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Abstract: Despite the ongoing measures to combat corruption in the judicial system of the Russian Federation, there remain cases when the presiding judge in a case is guided not by the norms of laws, but by personal and other material interests, which necessitates a change in the approach to identify, eliminate the causes, prevent, disclose, investigate corruption offenses, minimize and eliminate such offenses. The subject of the study is the norms of constitutional, civil and administrative law, other normative legal and judicial acts defining the procedural provisions of ongoing trials in the Russian Federation. The purpose of the research is to study the existing measures to combat corruption in the judicial system, as well as to develop proposals aimed at identifying and suppressing them. In the course of the research, the following methods were used: dialectical, logical, systemic, functional, formal-legal, comparative-legal research methods. The study analyzes the main legislative provisions related to combating corruption, as well as procedural norms of the law of judicial processes. The novelty of the research is the consideration of judicial instances as a single entity, where judges are divided not by specific courts where they carry out their official activities, but by internal conviction, and judges are united depending on the judicial instance. At the same time, the concealment of information about the judges themselves and the introduction of certain prohibitions on establishing their identity by the participants in the process will not only reduce the dependence of judges on the participants in the process, but also increase their personal security and reduce corruption. The analysis of the conducted research allowed us to establish that currently in the Russian Federation there are cases of corruption in the judicial system, where one of the main directions is the imposition of an illegal and unjustified court order, and in some cases the acquittal of a person who committed a crime. In this regard, it is proposed to reform the process of justice, which is based on the concealment of information about the identity of the presiding judges.
Madatov O.Y. —
Gender rights of citizens in Russian legislation and law enforcement practice
// Administrative and municipal law. – 2024. – ¹ 4.
– P. 28 - 48.
DOI: 10.7256/2454-0595.2024.4.71407
URL: https://en.e-notabene.ru/ammag/article_71407.html
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Abstract: Human rights and freedoms are the highest value in the Russian Federation, and their observance and protection is the responsibility of the State. Despite the constitutional consolidation of this provision, the equality of rights of men and women, as well as the prohibition of discrimination on the basis of sex, Russian legislation distinguishes the constitutional rights of women and men in certain aspects, taking into account the physiological characteristics of the former exclusively. Thus, legislators grant more rights and freedoms to some categories of people, and in some cases this preference imposes certain restrictions. In particular, the restriction of women's rights to work. The subject of the study is the norms of constitutional, civil and administrative law, other normative legal and judicial acts defining gender equality and inequality of citizens in the Russian Federation. The purpose of the study is to compare legislation and law enforcement practice in relation to men and women.
In the course of the work, the following methods were used: dialectical, logical, systemic, functional, formal-legal, comparative-legal research methods.
The study analyzes the basic constitutional rights of men and women, as well as the application of a gender approach in law enforcement. The novelty of the conducted research is the differentiation of gender constitutional rights of citizens, a comparison of the application of legislation to men and women depending on physiological characteristics, as well as a comparison of law enforcement practices applied to them in homogeneous processes.
The analysis of the conducted research allowed us to establish that some of the legislative acts have gender discriminatory provisions. This is directly related to the fact that legislators take into account only the physiological characteristics of the female body, while the characteristics of the male body are ignored. Law enforcement practice in the gender aspect implies that men's rights are derived from the rights of women (whose rights are prerogative). In this regard, there is a need both for the development of law enforcement approaches and for the adoption (amendment) of legislative acts themselves, which should be based on the principle of equality of citizens' rights.
Madatov O.Y. —
The problems of defining and applying the concepts of gender equality and gender inequality in Russian law
// NB: Administrative Law and Administration Practice. – 2024. – ¹ 2.
– P. 14 - 29.
DOI: 10.7256/2306-9945.2024.2.70390
URL: https://en.e-notabene.ru/al/article_70390.html
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Abstract: The article examines the issues of the emergence, development and current state of the scientific problem of defining the concepts of gender equality (inequality), as well as the law enforcement aspect of its solution in the Russian Federation and in foreign countries. The object of the study is public relations between the state and citizens of Russia on issues of equality of rights, freedoms, opportunities for their realization and obligations established by Part 2 of Article 6 and Part 3 of Article 19 of the Constitution of the Russian Federation. The subject of the study is the norms of constitutional (Part 2 of Article 6, Part 3 of Article 19 and paragraph "zh.1" of Part 1 of Article 72 of the Constitution of the Russian Federation), civil (part 1 of Article 12 of the RF IC) and administrative law (Part 2 of Article 3.9 and Part 2 of Article 4.2 of the Administrative Code of the Russian Federation), other normative legal acts and judicial acts defining gender equality (inequality) of citizens. In the course of the work, dialectical, logical, systemic, functional, formal-legal, comparative-legal research methods were used. The aim of the study is to develop a uniform approach to establishing the concepts of gender equality (inequality) in order to eliminate the problems of ambiguous interpretation and conflict of legislation in modern science and law enforcement practice. This goal has determined the need to set and solve the following tasks:
1. Research on the concepts of gender equality (inequality) as legal categories in the Russian Federation and foreign countries. 2. Formulation of uniform definitions of gender equality (inequality). 3. Definition of the main difference between the concepts of gender equality (inequality). 4. Consideration of the possibility of applying the author's concepts of gender equality (inequality) in law enforcement practice and in normative acts. The study showed that there is no single approach to understanding gender equality (inequality) in modern science and law enforcement practice. Most modern concepts of gender equality (inequality) are based on the recognition of the equality of rights and freedoms of men and women. The author of the article puts forward the theory that gender equality is a right guaranteed by the state and international legal acts, freedom, duties and opportunities to achieve them in relation to citizens without gender separation, and gender inequality, on the contrary, acts as a discriminatory sign in relation to citizens depending on their gender.