Human rights protection in the Russian Federation: constitutional foundations, legislative gaps and remedial measures

The article examines the key constitutional foundations of human rights protection in the Russian Federation, identifying and analyzing existing legislative gaps that hinder the effective realization of human and civil rights and freedoms. Special attention is given to the dynamics of legal relations, inadequacies in existing protection mechanisms, problems of regulatory injustice, legislative drafting flaws, the emergence of new categories of rights (particularly digital rights), as well as the impact of external factors and emergency situations. The study aims not only to systematize identified gaps but also to propose concrete remedial measures and mechanisms for improving the legal framework. The research methodology is based on traditional cognitive techniques of theoretical-legal and legal-dogmatic analysis. The study concludes that effectively addressing legislative gaps requires a comprehensive approach. This includes establishing mechanisms for continuous legislative monitoring, developing civil society-initiated protection formats, proactive lawmaking to ensure regulatory fairness, prompt legislative recognition of new rights categories, and adapting the legal framework to external challenges. It emphasizes that state sovereignty is a prerequisite for effective human rights protection, enabling the development of legislation aligned with national interests and constitutional principles.

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Publication Details

Journal
Gaps in Russian legislation
Published
2025-08-18
DOI
https://doi.org/10.33693/2072-3164-2025-18-4-42-52
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
0.00
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article

Human rights protection in the Russian Federation: constitutional foundations, legislative gaps and remedial measures

Naida А. Gazimagomedova
Gaps in Russian legislation
Legal and Policy Issues
article

Human rights protection in the Russian Federation: constitutional foundations, legislative gaps and remedial measures

Naida А. Gazimagomedova
article en

Abstract

The article examines the key constitutional foundations of human rights protection in the Russian Federation, identifying and analyzing existing legislative gaps that hinder the effective realization of human and civil rights and freedoms. Special attention is given to the dynamics of legal relations, inadequacies in existing protection mechanisms, problems of regulatory injustice, legislative drafting flaws, the emergence of new categories of rights (particularly digital rights), as well as the impact of external factors and emergency situations. The study aims not only to systematize identified gaps but also to propose concrete remedial measures and mechanisms for improving the legal framework. The research methodology is based on traditional cognitive techniques of theoretical-legal and legal-dogmatic analysis. The study concludes that effectively addressing legislative gaps requires a comprehensive approach. This includes establishing mechanisms for continuous legislative monitoring, developing civil society-initiated protection formats, proactive lawmaking to ensure regulatory fairness, prompt legislative recognition of new rights categories, and adapting the legal framework to external challenges. It emphasizes that state sovereignty is a prerequisite for effective human rights protection, enabling the development of legislation aligned with national interests and constitutional principles.

Gaps in Russian legislationVol. 18(4)
Dagestan State University (RU)
Openalex Percentile: Top 67%
Legal and Policy Issues
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Human rights protection in the Russian Federation: constitutional foundations, legislative gaps and remedial measures — Naida А. Gazimagomedova · Gaps in Russian legislation (2025) | TGRS Research Map | TGRS