Journal article Open Access

Comparative Analysis of Constitutional Basics Regarding Ensuring, Observance and Restoration of Legal Status of Individuals and other Social Subjects in Post-Soviet Union Countries (Latvia and Estonia)

A.A. Kirichenko, A.N. Bidei

The article investigates comparative legal analysis of constitutional basics regarding perception, recognition, ensuring and observance of individuals’ legal status in some Post-Soviet Union countries like Lithuania, Estonia, and others.  

A wide list of individuals’ legal status named in the Main Law of Russia and other Post-Soviet Union countries as the highest social values has been criticized.

Attention has been drawn to the fact that constitutions of the Russian Federation, Tadzhikistan and Uzbekistan have the most developed provisions on the legal status of individuals among Post-Soviet Union countries. The main laws of Latvia and Estonia have more declaratory provisions. There is a positive tendency to vest Estonian State Court with the function of constitutional supervision when Turkmen legislators do not even focus on this problem.

The authors support the idea of having the Supreme Court with constitutional, anti-criminal, administrative, labor, civil and commercial chambers. This system should be represented at regional courts and local courts should be specialized. It has been underlined that there were numerous violations based on corruption and lack of professionalism during two stages of contest to the cassation court and anti-corruption court of 07.11.2016 and 02.08.2018. As a result, “judges” of these courts did not acquire legitimacy and guarantees of judicial activity. Following this the President of Ukraine should cancel the results of the contest by his order and initiate a re-contest and not re-attestation which is initiated by the party “People’s Servant” empowering the same corrupt officials and non-professionals.       

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