Adineh Abghari. Introduction to the Iranian Legal System and the Protection of Human Rights in Iran

The article is devoted to the issues of the implementation of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and decisions of the European Court of Human Rights into the Russian legal system. The sphere of administrative coercion and administrative liability was chosen as a practical material for this research. The authors stress the role and importance of the ECHR practice for the improvement of Russian legislation, outline problems and difficulties of the implementation of the ECHR judgments in this sphere.

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

Review of Central and East European Law ◽

10.1163/157303509x406322 ◽

2009 ◽

Vol 34 (3) ◽

pp. 211-238

Author(s):

Sergei Iu. Marochkin

Keyword(s):

Human Rights ◽

International Law ◽

Legal System ◽

Legal Norms ◽

Judicial Practice ◽

Administration Of Justice ◽

Russian Constitution ◽

Protection Of Human Rights ◽

Negative Phenomena ◽

Law Making

AbstractIn 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?

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EU values reflection in ECtHR case law

Law and innovations ◽

10.37772/2518-1718-2021-3(35)-3 ◽

2021 ◽

pp. 23-29

Author(s):

Dmytro Boichuk ◽

Kateryna Torhashova

Keyword(s):

European Union ◽

Human Rights ◽

Legal System ◽

Case Law ◽

Practical Implementation ◽

The European Union ◽

Member States ◽

European Court ◽

Fundamental Freedoms ◽

Protection Of Human Rights

The article focuses on the importance of the European Union's values in the development of the legal system of the member states of the Convention for the Protection of Human Rights and Fundamental Freedoms, and for the functioning of the European Union, further integration processes and their reflection in the case law of the European Court of Human Rights. The ideological interpretation and practical implementation of these decisions are reflected.

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THE CONSTITUTIONAL LEGAL SYSTEM OF PROTECTION OF HUMAN RIGHTS, FREEDOMS AND LEGITIMATE INTERESTS AS A STRATEGIC FACTOR OF THE PREVENTION OF WRONG

Services in Russia and abroad ◽

10.12737/1863 ◽

2013 ◽

Vol 7 (9) ◽

pp. 199-211

Author(s):

Маргарита Романова ◽

Margarita Romanova

Keyword(s):

Human Rights ◽

Legal System ◽

Protection Mechanism ◽

Strategic Factor ◽

Protection Of Human Rights ◽

Legitimate Interests

The article covers a research into the concept, the subjects, the tools of human rights, freedoms and legitimate interests protection. The author presents her arguments in favour of a differentiation between “protection” and “security” as individual categories, recognizing the former as an independent and autonomous interim protection mechanism. The author further proposes an introduction of “the constitutional legal system of protection of human rights, freedoms and legitimate interests” as a term for scientific and everyday use, defines the concept and identifies the features of the system proposed.

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The Status of International Treaties in the Legal System of Azerbaijan

Review of Central and East European Law ◽

10.1163/092598807x195188 ◽

2007 ◽

Vol 32 (2) ◽

pp. 233-256

Author(s):

Cavid Abdullahzade

Keyword(s):

Human Rights ◽

Soviet Union ◽

International Law ◽

Legal System ◽

European Convention ◽

International Treaties ◽

Independent State ◽

The Soviet Union ◽

The Status ◽

Protection Of Human Rights

AbstractAs part of the disintegration of the Soviet Union in 1991, the Azerbaijan Republic ended its protracted existence as one of the fifteen members of the Soviet Union and became an independent state. As a result, on 30 August 1991, she became a full subject of international law. Currently, Azerbaijan is a party to a number of international treaties, virtually all major human rights treaties registered with the UN Secretary-General, the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as a number of related Council of Europe human rights agreements.A tendency towards internationalization and a general 'opening' to international law can also be seen in the Azeri Constitution, which was adopted by public referendum on 12 November 1995. Like many other former Soviet Republics, Azerbaijan, in its 1995 Constitution, has rejected the traditional Soviet dualist approach of the implementation of international law in the domestic legal system and has established a monist system within the context of a relationship between national and international law. This article discusses these changes in the Azeri attitude towards international law, in particular the status of international treaties, with special reference to those problems stemming from the implementation of international treaties in the domestic legal system of Azerbaijan.

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The Protection of Whistle-blowers within the Latest Initiatives of the Council of Europe

Przegląd Prawniczy Uniwersytetu im Adama Mickiewicza ◽

10.14746/ppuam.2019.9.10 ◽

2019 ◽

Vol 9 ◽

Author(s):

Katarzyna Badźmirowska-Masłowska

Keyword(s):

Human Rights ◽

Legal System ◽

Legal Status ◽

Council Of Europe ◽

Media Environment ◽

Protection Of Human Rights ◽

The Media

The protection of whistle-blowers under the Article 10 of ECHR has faced a lot of com-plex problems, which had been a result from the implications of ICT`s development and change of the media environment. The COE is involved in a worldwide debate about changes taking places in a contemporary legal system in the context of the protection of human rights. Therefore, the review of the latest legal initiatives (resolutions, recommendations, etc.) as well as other activities in the field concerned might be helpful to put the question-able issues.As the article is of the introductory character, further analysis is required. Within the human rights approach, it should concern, in particular the legal status of the whistle-blower and the issues, pertaining to legal and alternative ways of her/his protection.

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The Convention for the Protection of Human Rights and Fundamental Freedoms in the System of Sources of Legal Regulation of the Administration of Justice in Administrative Offences

Actual Problems of Russian Law ◽

10.17803/1994-1471.2020.121.12.057-064 ◽

2020 ◽

Vol 15 (12) ◽

pp. 57-64

Author(s):

O. V. Pankova

Keyword(s):

Human Rights ◽

Russian Federation ◽

Legal System ◽

Legal Regulation ◽

Administrative Law ◽

International Treaties ◽

Legal Provisions ◽

Fundamental Freedoms ◽

Protection Of Human Rights ◽

The Russian Federation

The paper presents the author’s view of the problem of interaction between international and national administrative law and attempts to determine the place of the Convention on the Protection of Human Rights and Fundamental Freedoms in the Russian legal system and the administrative and tort legislation of the country. Based on the analysis of different points of view, the conclusion is enunciated that international treaties ratified by the Russian Federation are incorporated into the general body of administrative legislation; and they constitute a source of administrative law in the part in which they contain legal provisions governing the administrative and legal status of citizens, as well as guarantees of its implementation, including guarantees of equitable justice in cases arising from public law relations and administrative and tort cases. In this regards, the author analyzes the provisions of Article 1.1 of the Administrative Code of the Russian Federation, determining the place and role of universally recognized principles and norms of international law and international treaties of the Russian Federation in the system of sources of administrative and tort law—the author refers the Convention for the Protection of Human Rights and Fundamental Freedoms to the sources mentioned above. The paper considers this Convention as an international treaty of the Russian Federation that not only regulates interstate relations, but also actively invades the regulation of procedural administrative responsibility, since it establishes the general parameters of a fair trial in administrative and tort cases. The paper also pays attention to the implementation in the draft Code of Administrative Offences of the Russian Federation and the Procedural Code of the Russian Federation on Administrative Offences of the Constitutional Principle concerning international legal norms in the legal system of the Russian Federation.

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The european court of human rights practice influence on the national system of Ukraine

Uzhhorod National University Herald. Series: Law ◽

10.24144/2307-3322.2021.64.5 ◽

2021 ◽

pp. 32-36

Author(s):

E.S. Kalyuzhna

Keyword(s):

Human Rights ◽

Rule Of Law ◽

Legal System ◽

The Rule Of Law ◽

National System ◽

Legal Provisions ◽

Human Rights Practice ◽

European Court ◽

Fundamental Freedoms ◽

Protection Of Human Rights

Ukraine has recognized the jurisdiction of the European Court of Human Rights by acceding to the Convention for the Protection of Human Rights and Fundamental Freedoms. The implementation of Western concepts of the rule of law, human dignity and human rights stipulates study of the European Court of Human Rights practice, which, in accordance with national law, is the source of Ukrainian law. It is emphasized that the enshrinement of the rule of law principle in a number of laws was accompanied by a normative provision on the necessity to understand the content of this principle through the European Court of Human Rights practice. The purpose of the study is to elucidate the general provisions characterizing the impact of the European Court of Human Rightsice practice on the national system of Ukraine. It is substantiated that the European Court of Human Rights ensures the relevance of the Convention for the Protection of Human Rights and Fundamental Freedoms provisions, compliance of its rules with modernity, ensuring the general spirit of the Convention for the Protection of Human Rights and Fundamental Freedoms which is designed to uphold and ensure the values of a democratic society. It is noted that in interpreting the Convention for the Protection of Human Rights and Fundamental Freedoms, the European Court of Human Rights is a kind of subject of legal doctrines making in the field of human rights affecting the legal systems of the states parties to this Convention. Some decisions of the European Court of Human Rights in cases against Ukraine, which played a significant role in changing the national legal system, are analyzed, in particular,the decisions in the cases Koretsky and Others v. Ukraine, Natalia Mykhaylenko v. Ukraine, and Volokhy v. Ukraine. The following legal provisions as the separation of law and the law are mentioned, giving priority to law over the law in case of contradiction between them; understanding the content of the rule of law, the importance of legal certainty and reasoning of the decision to restrict human rights, legal equality of people, and giving real access to a fair trial to a person, etc. It is concluded that when considering the applicants' complaints about Ukraine's non-fulfillment of its obligations in the field of human rights, the European Court of Human Rights forms legal provisions that become an integral part of the domestic legal system, in some cases they (the decisions) are the factor in changing legislation, and influence the legal doctrine transformation.

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Judicial doctrine in the legal system of the world

Yearly journal of scientific articles “Pravova derzhava” ◽

10.33663/0869-2491-2021-32-48-57 ◽

2021 ◽

pp. 48-57

Author(s):

Natalia Parkhomenko

Keyword(s):

Human Rights ◽

Social Relations ◽

Legal System ◽

European Convention ◽

Legal Doctrine ◽

European Court ◽

Protection Of Human Rights ◽

Judicial Doctrine ◽

The Law ◽

Law Making

Special characteristics of the perception of judicial doctrine in the countries of common and continental law, in the European community in terms of the harmonisation and strengthening the influence of the European Court of Human Rights on the juridical regulation, are defined. Special attention is paid to the identification of the essence and content oh judicial doctrine of the ECHR and its importance in the regulation of social relations. Generally accepted approach in the countries of continental law is the one under which the judicial practice and doctrine, as a result of compilation of jurisprudence, is not the source of law in formal-legal perception, but it is an important factor of the law-making. In the countries of common law, the legal doctrine has been developing by scaling up the experience of court’s decisions and the perception of the decisions of the judicial authorities as a source of law. The case law of the European Court of Human Rights as a part of European legal system plays the harmonisation role. The judicial doctrine of European Court of Human Rights is one of the sources of law for the counties of the European Area and countries, that adhered to the European Convention for the Protection of Human Rights and Fundamental Freedoms, strengthened its grip since the end of the twentieth century and in the twenty-first century, especially, it increased the influence on the regulation of the international relations and the domestic relations as well. Such doctrine became a part of their national legislature. The above mentioned is confirmed by legal force and by place in national legal systems of judicial doctrine of European Court of Human Rights, containing general principles or framework for the protection of human rights and freedoms. That’s why its perception is performed as a general rule , source of law, but not the judgment in a particular case, which is not relevant to the hearing of other cases. For this, important is constitutional endorsement of ECHR’s decisions in the hierarchy of legal acts, or sources of law in formal-legal perception. For this moment, there had been a convergence of conceptual approaches to understanding the legal doctrine in general and judicial doctrine in particular. There is a fundamental importance of the judicial doctrine, which is a precondition and a source for the law-making, law enforcement, and also it could act as a direct source of law in formal-legal perception.

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A evolução da efetividade da proteção interamericana dos direitos fundamentais e humanos

Latin American Journal of Development ◽

10.46814/lajdv3n5-055 ◽

2021 ◽

Vol 3 (5) ◽

pp. 3458-3470

Author(s):

Rainner Jerônimo Roweder

Keyword(s):

Human Rights ◽

Legal System ◽

Organization Of American States ◽

American States ◽

Protection Of Human Rights

A CIDH (Comissão Interamericana de Direitos Humanos) é um órgão principal e autônomo da Organização dos Estados Americanos (OEA) encarregado da promoção e proteção dos direitos humanos no continente americano. A Corte Interamericana de Direitos Humanos é uma instituição judiciária autônoma cujo objetivo é a aplicação e a interpretação da Convenção Americana sobre Direitos Humanos. Nesse contexto, este artigo propõe-se a (1) descrever o funcionamento do sistema continental de proteção aos direitos humanos; (2) examinar a efetividade das recomendações e decisões emitidas por seus dois principais órgãos, a Comissão e a Corte de Direitos Humanos, e seu impacto no ordenamento jurídico brasileiro. The CIDI (Inter-American Commission on Human Rights) is a principal and autonomous body of the Organization of American States (OAS) charged with the promotion and protection of human rights in the Americas. The Inter-American Court of Human Rights is an autonomous judicial institution whose objective is the application and interpretation of the American Convention on Human Rights. In this context, this article proposes to (1) describe the functioning of the continental system for the protection of human rights; (2) examine the effectiveness of the recommendations and decisions issued by its two main bodies, the Commission and the Court of Human Rights, and their impact on the Brazilian legal system.

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