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Do Discrimination and Inequality Exist in the Russian Legal System? International Law, National Legislation and Judicial Practice

Do Discrimination and Inequality Exist in the Russian Legal System? International Law, National... <jats:sec><jats:title>Abstract</jats:title><jats:p>In this article, the author discusses the problem of ensuring equality and non-discrimination in a legal system. Equality and non-discrimination constitute universally recognized standards in the protection of human rights. At the same time, one can hardly assert that the universal community has put an end to discrimination. The author considers the problem as applied to the Russian legal system. The standard is incorporated in the Russian Constitution still remains topical in Russia. Based on his analysis of legislation and judicial practice, the author concludes that the problem reveals itself on the levels of both law-making and law application, the latter including administration of justice. As one of the conclusion, the author raises a question: is legal discrimination inherent in a legal system like other negative phenomena, such as delinquency, incoherencies, lacunas, defects, conflicts of legal norms and breaches of law-making procedural rules?</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Central and East European Law Brill

Do Discrimination and Inequality Exist in the Russian Legal System? International Law, National Legislation and Judicial Practice

Review of Central and East European Law , Volume 34 (3): 211 – Jan 1, 2009

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Publisher
Brill
Copyright
© 2009 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0925-9880
eISSN
1573-0352
DOI
10.1163/157303509X406322
Publisher site
See Article on Publisher Site

Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>In this article, the author discusses the problem of ensuring equality and non-discrimination in a legal system. Equality and non-discrimination constitute universally recognized standards in the protection of human rights. At the same time, one can hardly assert that the universal community has put an end to discrimination. The author considers the problem as applied to the Russian legal system. The standard is incorporated in the Russian Constitution still remains topical in Russia. Based on his analysis of legislation and judicial practice, the author concludes that the problem reveals itself on the levels of both law-making and law application, the latter including administration of justice. As one of the conclusion, the author raises a question: is legal discrimination inherent in a legal system like other negative phenomena, such as delinquency, incoherencies, lacunas, defects, conflicts of legal norms and breaches of law-making procedural rules?</jats:p> </jats:sec>

Journal

Review of Central and East European LawBrill

Published: Jan 1, 2009

Keywords: HUMAN RIGHTS; CONSTITUTIONAL LAW; DISCRIMINATION/NON-DISCRIMINATION; EQUALITY; INTERNATIONAL LAW

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