The article explores the principle of equality, one of the most established and widespread in the constitutional law in the BRICS countries, the practice of its consolidation, implementation, as well as the existing problems in this area. It is shown that the implementation of this principle should be associated with increased protection of some "vulnerable" groups of the population: national minorities, women, children, persons with disabilities and others. The provisions of constitutions and legislation of such countries as the Russian Federation, China, India, the Federal Republic of Brazil and South Africa are analyzed. It is concluded that in many cases the formal Declaration of the citizens' equality principle does not always correspond to the actual practice of social relations in such areas as the use of national languages, inter-ethnic relations, gender equality and so on. In this regard, measures are proposed to improve the legislative regulation of the relations in the BRICS countries question.
In recent decades, Mali has faced an unprecedented political and economic crisis due to coups, terrorist and separatist threats, and international sanctions. The role of the Economic Community of West African States (ECOWAS) as a subregional organization involved in the management of the Malian conflict is paramount. However, the influence of France in decision-making in the context of sanctions imposed on Mali by ECOWAS affected the authority of the West African organization. The role of France as a former colonial power in this crisis is indisputable in the context of its geopolitical engagement with its former colonies in Africa and particularly in West Africa. This article analyzes the course of the crisis, the role of the actors involved (ECOWAS, Mali, and France), and the political and legal scopes of the crisis. On the basis of structural, qualitative, and quantitative methods of assessment and comparative analyses of the ECOWAS Authority’s decisions, their legal and political meanings, the political situation on the ground, the history of conflict management in neighbouring countries such as Cote d’Ivoire and other West African states by ECOWAS, the African Union (AU) and the United Nations (UN), and the role of France in the crisis, the authors conclude that the ECOWAS Authority has played an important role in restoring political order in Mali. However, the authors note the failure of the Authority to reach a political agreement. Moreover, the authors agree that the ECOWAS Authority has reacted ultra vires to the Malian crisis vis-a-vis the power that is conferred by the ECOWAS instruments. And, the Authority’s blunder was not without French interference.
INTRODUCTION. The article discusses the theoretical and practical problems of conducting trials in the absence of the accused (in absentia) in international criminal courts and tribunals.MATERIALS AND METHODS. The article is based on international human rights treaties that regulate the rights of the accused in criminal proceedings, the statutory and procedural documents of these courts, and the practice of interpreting and applying the right of the accused to be present at the trial.RESEARCH RESULTS. International human rights treaties establish the minimum rights of the accused in criminal proceedings. Among these rights is the right of the accused to be present at the trial. However, the practice of interpreting this right by the relevant conventional international bodies and international criminal courts and tribunals imposes significant limitations. A number of such restrictions appear to be both reasonable and justified. However, in many cases the restrictions are arbitrary and their justification is legally flawed.DISCUSSION AND CONCLUSIONS. Universal and a number of regional international human rights treaties, in particular, the International Covenant on Civil and Political Rights of 1966 contain norms that are binding not only for states in their application of national law, but also establish general human rights standards in international law. Due to this circumstance, the provisions of such treaties bind any institutions operating directly in the system of international law, in particular, international criminal courts and tribunals. Thus, international criminal courts and tribunals are bound by the provisions of these treaties, not only in terms of their implementation, but also in terms of their interpretation. The practice of these courts demonstrates a very inconsistent application and not always convincing interpretation of the rights of the accused in general and the right to be tried in his presence. Currently, this practice is trying to change the previously formed trend towards increasingly severe restrictions on exceptions to the right of the accused to be tried in his presence.
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