The Jurisprudence of the Belarusian Constitutional Court on Access to Justice in view of the Case Law of the European Court of Human Rights

Василевич, Г. А.

doi:10.2307/j.ctv1q6bbc1.11

Cited by 2 publications

(2 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…As an argument in favor of legalizing same-sex marriage, it is usually noted that such a decision will contribute to a broader perception of the right to privacy in modern conditions (Vasilevich, 2020). This position is shared by the European Court of Human Rights, which stated in its ruling “Baev and others v. Russia” (2017) concerning the fact that the law on the prohibition of propaganda of non-traditional sexual relations among minors, enforced in Russia in 2013, violates Article 10 (freedom of expression) and Article 14 (prohibition of discrimination) of the Convention.…”

Section: Same-sex Marriages: the Controversy Of Their Recognition In ...mentioning

confidence: 99%

The concept of “non-standard marriages” in the theory of family law in Russia

Anisimov

Eltanskaya

Inshakova

2022

IJSSP

View full text Add to dashboard Cite

PurposeThe purpose of this article is to classify and study the features of the types of non-standard marriages existing in Russia (de facto, sham, same-sex marriages), in order to adjust their legal regulation by the state.Design/methodology/approachThe authors of the article examined the theoretical and practical problems of state recognition and regulation of non-standard marriages not recognized by the state, and justified a new strategy of support (in the case of de facto marriages) or counteraction (in the case of sham marriages) of these social phenomena by the state and law. In the light of the negative attitude of Russian citizens to same-sex marriages, the possibility of their support in the future is justified.FindingsHaving studied three types of non-standard marriages, the authors substantiate the need for a different approach of the state to further legal regulation of these social phenomena. It is proved, that in relation to same-sex marriages, the existing non-recognition and negative attitude of the legislator and society in Russia to their legalization will last until the attitude towards sexual minorities in general, changes in Russian society. De facto marriages should be introduced into the legal field, they should be given a normative definition and outline the general legal framework of the rights of de facto spouses and their children. As for sham marriages, it is proposed to consider the lack of intention to create a family and the selfish interest to be their main features pursued by one or both spouses entering into a sham marriage.Originality/valueThe originality and value of the research is stipulated by the consideration of the legal regulation of marriage and family issues in the historical context of the development of the Russian state, as well as the evolution of ideas about morality in Russian society. The changing attitude of society towards de facto marriages, the increase in the number of unregistered married couples indicates the transformation of the moral values of young people and the need for the state to promote the legal protection of such married couples without trying to prohibit or restrict them. Existing approaches to the legal regulation of sham marriages require adjustments, including incorporating the notion of “fictitious divorce” in family legislation.

show abstract

Section: Same-sex Marriages: the Controversy Of Their Recognition In ...mentioning

confidence: 99%

The concept of “non-standard marriages” in the theory of family law in Russia

Anisimov

Eltanskaya

Inshakova

2022

IJSSP

View full text Add to dashboard Cite

show abstract

“…Конституция Республики Беларусь, принятая 15 марта 1994 года 1 , учредила специализированный орган конституционного контроля -Конституционный Суд, который стал важнейшим элементом государственного механизма. За прошедший период он претерпел в своем развитии определенную эволюцию.…”

Section: Introductionunclassified

Transformation of the Institution of Constitutional Control in the Republic of Belarus

Maslovskaya

2023

Academic Law Journal

View full text Add to dashboard Cite

The article examines the stages of the evolution of constitutional control in the Republic of Belarus, through the prism of the development of abstract and concrete control. Characterizing the form of abstract control, attention is drawn to a certain adjustment of abstract subsequent control, introduced with the adoption of the Constitution of the Republic of Belarus in 1994, at different stages of constitutional development (1996, 2014, 2022) in relation to subjects of circulation, objects of control. The form of mandatory preliminary control over the constitutionality of laws adopted by Parliament before their signing by the President, introduced in 2008, is analyzed. As a result of the constitutional changes of 2022, the Belarusian model of preliminary constitutional control has undergone a certain transformation associated with its constitutional legitimation, the expansion of objects of preliminary control, as well as the transition from mandatory to optional control over the constitutionality of laws adopted by Parliament before they are signed by the President. Particular attention is paid to the study of the development of specific constitutional control, taking into account a certain adjustment of the constitutional formula in 2022 with the aim of consistent development of the Belarusian model of constitutional justice within the framework of the European model. Attention is focused on the most important constitutional innovation of 2022 – the introduction of a constitutional complaint, which significantly expands citizens’ access to constitutional justice. It is concluded that each stage of the development of constitutional control in Belarus serves as an example of adaptation to the changing conditions of the functioning of constitutional justice. It has been established that the adjustment in 2022 of the Belarusian model of subsequent concrete constitutional control indicates a transformation of the Belarusian model of constitutional control, consisting of the abandonment of elements of a mixed model, and the current stage of the evolution of constitutional control in the Republic of Belarus demonstrates the transition from an abstract form of constitutional control to concrete constitutional control , which means an increasing role of the Constitutional Court not only as a guarantor of the supremacy of the Constitution, but also as a defender of individual rights and freedoms.

show abstract

The Jurisprudence of the Belarusian Constitutional Court on Access to Justice in view of the Case Law of the European Court of Human Rights

Cited by 2 publications

References 0 publications

The concept of “non-standard marriages” in the theory of family law in Russia

The concept of “non-standard marriages” in the theory of family law in Russia

Transformation of the Institution of Constitutional Control in the Republic of Belarus

Contact Info

Product

Resources

About