Suchergebnisse

The category of constitutional identity is now con dently used in the science of constitutional law and in resolving some disputes, but it remains not completely clear. The article is aimed at identifying the content of this category and the possibility of its application in practice. The article presents the meanings of the term "identity" and checks whether this term can be used in constitutional law, and if so, in what sense. Possible ways of nding the features of constitutional identity in the texts of constitutions (in preambles, among the foundations of the constitutional system, or provisions protected from change) are shown. The nal conclusions concern the limits of the application of constitutional identity in constitutional disputes. It seems that constitutional identity can be used to resolve constitutional con icts only if two conditions are met: xing the features of constitutional identity, de ned precisely as such (1), and carried out previously, not at the time of the decision, but in advance (2). It is these two conditions that will provide the necessary predictability and validity of decisions, in the adoption of which the category of constitutional identity was used for argumentation. Otherwise (if these conditions are not observed for whatever reason), the constitutional review body should, as far as possible, avoid using the category "constitutional identity" as an argument in resolving disputes.

The article adopts an interdisciplinary approach to reflecting the challenges of immunization against COVID-19: it reveals both medical and legal concerns that accompany the current vaccination model in Russia and characterize this model as unbalanced. On the one hand, the authors underline the advantages of vaccination as opposed to alternative means to address the current pandemic. On the other hand, they stipulate the risks associated primarily with the high level of uncertainty of both medical and legal parameters of the vaccination scheme adopted in Russia. The authors consequently analyze a number of medical findings on efficacy and security of the existing vaccines and conduct the proportionality test of current legal regulation that guides vaccination against COVID-19 in Russia. The article concludes with an observation that a well-balanced model of regulation should be based on high-quality research findings and be accompanied by the willingness of the state to carry out a consistent information campaign and take on the responsibility for negative side-effects experienced by some citizens who have gone through vaccination.

The article adopts an interdisciplinary approach to reflecting the challenges of immunization against COVID-19: it reveals both medical and legal concerns that accompany the current vaccination model in Russia and characterize this model as unbalanced. On the one hand, the authors underline the advantages of vaccination as opposed to alternative means to address the current pandemic. On the other hand, they stipulate the risks associated primarily with the high level of uncertainty of both medical and legal parameters of the vaccination scheme adopted in Russia. The authors consequently analyze a number of medical findings on efficacy and security of the existing vaccines and conduct the proportionality test of current legal regulation that guides vaccination against COVID-19 in Russia. The article concludes with an observation that a well-balanced model of regulation should be based on high-quality research findings and be accompanied by the willingness of the state to carry out a consistent information campaign and take on the responsibility for negative side-effects experienced by some citizens who have gone through vaccination.

The Decision (Zaklyuchenie) of the Constitutional Court of the Russian Federation on the constitutionality of the constitutional amendments played a significant role for the entry into force of the amendments to the Constitution of the Russian Federation adopted in 2020. For this reason, and in connection with the fact that many of the novels raise questions precisely from the point of view of their compliance with Chapters 1, 2 and 9 of the Russian Constitution, the positions formulated in the Decision attract serious attention. The article analyzes the arguments of the Court on one of the significant innovations – the possibility of being elected to the post of President of Russia by a person who held or holds this position at the time the amendment entered into force, without taking into account the previous terms. This reasoning is placed in the context of the demands of rationality in constitutional law. The article is aimed at implementing bona fide intentions related to confirming the subjectivity of the body of constitutional review and identifying ways to improve its argumentation. The activities of the constitutional court are presented in the article as part of reasonable foresight, which implies the creation of guarantees for the case of deviation from constitutional values. The rationality of its argumentation is understood as the sum of requirements connecting in a certain way 1) formal logic and 2) substantive reasonableness, determined by the value choice made in the constitution. It is demonstrated that the rationality of the argumentation formulated in the Decision of the Constitutional Court on the problem of the term of office of the head of state can be questioned from these points of view and, for this reason, cause associations with cognitive distortions (such as bias in the selection of initial premises for argumentation; incomplete study of scenarios reflecting the consequences of a reviewed amendment; framing; logical circle, etc.). At the same time, the article reveals the limitations of the "naive" cognitive approach, which is insufficient for working with the argumentation of the body of constitutional review and which actualizes additional consideration of the political and legal context of decision-making by this body.

In October 2020, the Constitutional Tribunal of Poland delivered a landmark judgment where it held the legislative provision allowing the termination of pregnancy on the grounds of severe and irreversible impairment or incurable life-threatening disease of the fetus unconstitutional. This article presents a study of a fundamental legal conflict that is central to this judgment. It examines the decision of the Tribunal not only in the light of Polish legislation and jurisprudence, but also in a broader context of a biomedical discussion about the beginning of life, a formalistic definition of a legal personality, the idea of equal protection of life regardless of the state health, and the need to protect the rights of a woman that may at times come into conflict with the recognized rights of a fetus. In fact, the arguments that we find in the judgment of the body of constitutional review of a particular state trigger a discussion of the problematic issues relevant for any society. The article also includes an overview of the caselaw of the European Court of Human Rights that, on the one hand, highlights the range of problems that should be addressed by the national regulation of the grounds for abortion, and on the other hand, demonstrates the existing gaps in the fundamental bioethical and legal responses to these dilemmas. The authors suggest a scheme to address these issues that requires a reference to the principle of proportionality and a consideration of positive measures reducing the attractiveness of pregnancy termination that should become an alternative to prohibition of abortions. The study concludes with the finding that the Polish approach towards the absolute constitutional conflict has serious flaws of inconsistency and unwillingness to see the complexity of the problem. Therefore, it is plausible to suggest that the dilemma is far from being resolved. The article employs the objects and methods typical for legal research, but also incorporates the findings of relevant medical, biological and demographic studies that appear to be vital for a full-fledged understanding of this interdisciplinary topic.