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Anchugov and Gladkov Case and the Decisions of the Constitutional Court of the Russian Federation, Bodies of the Constitutional Control of Foreign Countries

2017· article· en· W2769442175 on OpenAlexaboutno aff

Bibliographic record

VenueLex Russica · 2017
Typearticle
Languageen
FieldSocial Sciences
TopicEuropean and International Law Studies
Canadian institutionsnot available
Fundersnot available
KeywordsLawSupreme courtPolitical scienceHuman rightsConstitutional courtConstitutionHigh Court

Abstract

fetched live from OpenAlex

This paper presents an analysis of the content of Part 3 Art. 32 of the Constitution, which enshrines the prohibition citizens held in places of deprivation of liberty by a court sentence to participate in the electoral process. The author highlights some features of electoral rights formulated in the decision of the European Court of Human Rights dated July 4, 2013 in the case "Anchugov and Gladkov v. Russian Federation": the right to vote is not a privilege; presumption in favour of inclusion (universal suffrage should be the main principle); the availability of good and compelling reasons for restrictions of the electoral rights of prisoners. The author considers the legal position laid down in the decision of the Constitutional Court of the Russian Federation of April 19, 2016 No12-P regarding the applicability of the decision of the European Court of Human Rights. The article analyses foreign practice of dealing with similar cases: United States Supreme Court decision in "Richardson v. Ramirez" (1974); the practice of the Supreme Court of Canada ("Belczowski v. the Queen", 1991; "Sovje case", 2002); the decision of the Constitutional Court of the Republic of South Africa in "August and others v. Electoral Commission, and others"(1999); the practice of the Supreme Court of India ("Jan Chaukidar (Peoples Watch) v. UOI Ors&." 2004; "Rama Prasad Sarkar v. The State Of West Bengal & Ors., 2011). The author considers in detail the reasons for a series of rulings by the European Court of human rights, preceding the decision against the Russian Federation (the case of "Hirst v. United Kingdom", 2005; "Frodl' Prouty Austria", 2010; "Skoppola v. Italy", 2011). The author supports the position of the Constitutional Court of the Russian Federation on the non-applicability of the judgement of the European Court of human rights in the Russian Federation due to contradictions presented by interpreting the provisions of the European Convention for the protection of human rights and fundamental freedoms, the Constitution of the Russian Federation.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.006
metaresearch head score (Gemma)0.010
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.058
Threshold uncertainty score0.116

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0060.010
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.001
Bibliometrics0.0010.001
Science and technology studies0.0100.006
Scholarly communication0.0060.002
Open science0.0010.004
Research integrity0.0060.006
Insufficient payload (model declined to judge)0.0030.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.022
GPT teacher head0.283
Teacher spread0.261 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2017
Admission routes1
Has abstractyes

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