Oddziaływanie współczesnych konstytucji na stosunki między podmiotami prywatnymi

2015 ◽  
Author(s):  
Monika Florczak-Wątor
Keyword(s):  
Research Team ◽  
The State ◽  
Constitutional Rights ◽  
Broad Perspective ◽  
Careful Choice ◽  
Law System ◽  
Individual Function ◽  
State Apparatus ◽  
The Individual ◽  
International Research Team

THE INFLUENCE OF CONTEMPORARY CONSTITUTIONS ON RELATIONS BETWEEN INDIVIDUALS The influence of a constitution on the relations between pńvate parties must be seen in a broad perspective. The wide application of constitutional norms, principles and values, and their penetration into the private law system so that they set standards for the behavior of an individual, significantly broaden the constitutional space in which the State, society, and the individual function. Accepting an opinion on the horizontal application of constitutional rights changes our mode of perception of the constitution, its role, and its functions, as well as the possibility thai il will apply in practice. In this way the constitution ceases to be only a collection of principles describing the organization and functioning of the state apparatus and becomes an instrument for the creation of a democratic society and an axiological point of reference for the valuation of the processes thai take place in this society. The main purpose of our research was the presentation of the range of different solutions adopted on the basis of current constitutions and applied in practice under the heading of the horizontal application of constitutional rights. We wanted to achieve this purpose not only by the careful choice of States, but also by the engagement of researchers from different countries and universities in the realization of the project. Therefore our international research team consists of researchers from Albania, Greece, Ukraine, and Poland, and this leads to the bilingual character of our publication.

scholarly journals Scientific approaches to the system of concepts of "national security": international legal aspect

2020 ◽  
Vol 7 (12) ◽  
pp. 70-77
Author(s):  
А. Альван
Keyword(s):  
National Security ◽  
Legal Aspect ◽  
The State ◽  
Constitutional Rights ◽  
External Threats ◽  
Wide Range ◽  
Single Well ◽  
Definition Of ◽  
The Individual

Scientific approaches to the concept of "national security" are systematized in the article. The author substantiates that there are four main approaches to the concept of "national security". The first group - works devoted to the terminological characterization of national security. Another group - the authors define national security because of the state of protection of vital interests, the individual, society and the state against all kinds of threats. The third group is studies that analyze the types of national security, in particular: economic, environmental, financial, personnel, financial, social, etc. These characteristics reflect their socio-political nature, trace the unity of personal, public and state security, developing political and other processes. The fourth group of studies are those that pay attention to problems related to the correct use of the concept of "national security" and the possibility of its replacement. Fifth group - analyzes the interaction and correlation of threats and security.There is no single, well-defined definition of national security today. No matter what approach the authors use, there are different approaches, and in some cases, complications or simplifications of this category.In our opinion, national security should be understood as a state of protection of the individual, society and state against a wide range of internal and external threats, which ensure the realization of citizens' constitutional rights and freedoms, decent quality and standard of living, sovereignty, independence, state and territorial integrity. , sustainable socio-economic development of the state.

scholarly journals ON THE QUESTION OF THE EXERCISE BY RUSSIAN WOMEN OF THE RIGHT TO FREEDOM OF LABOR

2021 ◽  
pp. 8-11
Author(s):  
A.V. Golovinov ◽  
Yu.V. Golovinova
Keyword(s):  
Civil Rights ◽  
The State ◽  
Constitutional Rights ◽  
State Discrimination ◽  
European Court ◽  
Russian State ◽  
State And Society ◽  
Constitutional Right ◽  
The Individual ◽  
The Right

Within the framework of this publication, the authors analyze some of the problems of the realizationby Russian women of the constitutional right to freedom of labor. The emphasis is placed on the principleof equality as a basic platform that allows women to effectively exercise their right to freedom of work. The authors proceed from the fact that equality as a principle of law is nothing more than the ideal of ajust structure of the state and society, which is characterized by the comprehensive implementation andprotection of human and civil rights and freedoms. Therefore, equality canonizes parity in the relationshipbetween the individual and the state, discrimination on the part of state bodies with this interpretation isexcluded.The article shows that the Russian state, striving to improve the conditions of women’s work, in orderto effectively protect their constitutional rights, creates a system of normative legal acts that fix the list ofprofessions and types of professional work, which women have no right to replace. This, in turn, leads to thelatter’s appeal to the courts, up to the Supreme Court of the Russian Federation and the European Court ofHuman Rights in Strasbourg.

scholarly journals Current Issues of Normo-designing of the Legal Status OF Human and Citizen in the Constitutional Law of Ukraine: to the Formation of the Procedure and Stage Paradigm

2020 ◽  
pp. 123-129
Author(s):  
Borys Kofman
Keyword(s):  
Constitutional Law ◽  
Legal Status ◽  
The State ◽  
Constitutional Rights ◽  
Ruling Class ◽  
Qualitative Level ◽  
Historical Retrospect ◽  
The Government ◽  
The Individual ◽  
The Relationship

Topical issues of the processes of forming the paradigm of procedural and stage support of norm-designing of legal status of aperson and a citizen in the constitutional law of Ukraine are investigated, and considerations regarding their normative-technologicaldecision, support and provision are given.It is stated that the search for optimal models of the relationship between the state and the individual has always been a difficultproblem, but at the heart of its positive solution is a high and qualitative level of standard-project activity in the sphere of normative(legislative) maintenance of the constitutional and legal status of a person (individual) and citizen. Analyzing the formation and development of such a constitutional-legal status in different states in historical retrospect, it isnecessary to pay close attention to its evolutionary-dynamic character – the amount of rights and freedoms that the state gave its citizensvaried precisely in the dependence and understanding of its chronological development, – optimal models were crucially dependent onthe nature of society, type of property, democracy, development of economy, culture and other objective conditions, but they were alsolargely determined by the government, the law, s, the ruling class, that is, subjective factors.In the process of finding models of the relationship of the state with the person (personality), the main difficulties were not onlythe establishment of such systems and order, in which the personality would be able to freely develop their potential (abilities, talent,intelligence), and national goals – the fact that unites all – would be acknowledged and respected, and the relevant technologically-formalizedaspects of the activities of authorized persons for normalization, normalization, formulation, formalization, legalization, implementationand guarantee of implementation of normative guidelines that contain constitutional rights, freedoms and responsibilities ofthe individual (individual) and citizen – they arise in the process of norm-making (law-making), an important part of which is the normprojectactivity in the sphere of formation and development of such constitutional-legal status.It is proved that in the process of defining the architectonics (structure) of the legal status of a person and a citizen, which is thecore of the normative expression of the basic principles of the relationship between the person and the state – in order to carry out normoprojectiveactivity in the field of expertise we face a number of difficulties of a definitive, methodological, ontological, ontologicaland a praxeological property that is directly relevant to the norm-design and find their solution in the process of such activity and itsresults, because the profile status is obtained from OE expression of the rights, freedoms and duties of man.

scholarly journals The Impact of COVID-19 Pandemic on the Realization of the Constitutional Rights and Freedoms of Criminal Proceedings' Participants

2020 ◽  
Vol 14 (5) ◽  
pp. 786-797
Author(s):  
Olga Andreeva ◽  
Oleg Zaycev ◽  
Anna Kudryavceva
Keyword(s):  
Law Enforcement ◽  
Infectious Diseases ◽  
Russian Federation ◽  
The State ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
The Russian Federation ◽  
Court Proceedings ◽  
The Individual ◽  
The Impact

The recent emergence of such new previously unknown threats to the state, the society and the individual that are not provided for in the key documents on strategic development of the Russian Federation as the pandemic of COVID-19 will lead to long-term unpredictable consequences and make a considerable impact on all spheres of activity. In the future, other previously unknown and equally dangerous infectious diseases may emerge and crisis situations may develop. The goal of this study is to identify the problem areas of criminal proceedings in crisis situations and to develop research-based and practically relevant recommendations aimed at ensuring the constitutional rights and freedoms of criminal proceedings participants in an emergency situation, a lockdown introduced to protect the life and health of these participants as well as people they contact with, regardless of their procedural legal status. Specific tasks of the study: 1) to identify the special features of Russian legislation that regulate the procedure of the preliminary investigation and the court inquiry of a criminal case that permit distance participation of any criminal case participants; 2) to analyze the results of the work of the Supreme Court of the Russian Federation that took into account the threats that the pandemic poses to the state, the individual and the society; 3) to present the views of Russian and foreign researchers of court proceedings on the analyzed sphere of activities; 4) to study the international experience connected with the impact of infectious diseases on criminal justice; 5) to present recommendations regarding the future development of legislation and improvement of the practice of law enforcement aimed at ensuring the constitutional rights and freedoms of the participants of criminal proceedings in the conditions of emergency. The methodological basis of research is the dialectical method of cognition, the general research methods of abstracting, analysis and synthesis, as well as specific legal methods: comparative-legal, logical-legal, etc. The authors have come to the conclusion that COVID-19 pandemic had a considerable influence on the introduction of new information and communication technologies into the criminal court proceedings. The existing situation convincingly demonstrates that it is necessary to search for new conceptual ideas and technologies, to use them in the doctrine of criminal procedure law and to develop research-based suggestions on improving legislation and the practice of law enforcement, which will effectively ensure the constitutional rights and freedoms of the subjects of criminal procedure relations in the conditions of isolation, including a right to a fair trial and access to justice. The authors argue for the expediency of modernizing legislation, for the transition of court proceedings from a simple written form to the electronic one, as well as to the paper-free interaction of all criminal proceedings participants.

Rights

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
The State ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Positive Rights ◽  
The Individual

Constitutionalism, by restricting the (actual and potential) autocracy of the state, is intended to help people live in freedom or at least free from governmental despotism. It offers a practical chance for the individual to make up their own mind about what they want to do with their life. Fundamental rights thus have a privileged role in the constitution of liberty. This chapter examines how constitutions handle fundamental rights. This chapter first provides an overview of what constitutional rights are about before discussing the histories, theories, and contingencies of constitutionalized rights. It then looks at practical considerations which animate constitutionalism’s rights-based programme of anti-despotism. It also asks which fundamental rights should be protected by the constitution, including the so-called positive rights, and what fundamental rights imply. Finally, it describes restrictions on fundamental rights.

scholarly journals RIGHTS, FREEDOMS AND DUTIES OF A MAN AND A CITIZEN AS THE CONTENT OF CONSTITUTIONAL AND LEGAL STATUS

2020 ◽  
Vol 1 (3) ◽  
pp. 34-42
Author(s):  
O. O. Boyarsky ◽  
B. Ya. Kofman
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal Status ◽  
The State ◽  
Human Freedom ◽  
Constitutional Rights ◽  
Minimum Requirements ◽  
Common Criterion ◽  
The Individual ◽  
Political Economic

The article is devoted to the consideration of human and civil rights, freedoms and responsibilities as the content of its constitutional and legal status. First, the author briefly analyzes the concept of constitutional and legal status of the person, outlining some problems of its understanding. The categories of constitutional rights, freedoms and duties of man and citizen are further studied, as well as their relationship between them. It is noted that the most common criterion for the separation of constitutional rights and freedoms of man and citizen is the sphere of society. In this regard, the constitutionally enshrined rights and freedoms of man and citizen are divided into civil (personal), political, economic, social, cultural. The importance of the transition from the declarative fixation of the rights, freedoms and responsibilities of a person in the Constitution of Ukraine to their implementation is noted. It is determined that human rights and freedoms as elements of the constitutional and legal status have common bases of consolidation, guarantee, protection and defense, but differ in implementation (rights require certain mechanisms or means, and freedoms do not need). At the same time, human freedom is a fundamental category in relation to human rights. In turn, the duty of man and citizen is a measure of the necessary behavior of the person, the minimum requirements imposed by the state on the person. Due to its nature, a person's duty is more positive and therefore requires clear regulation in law. The importance of duty as an element of the constitutional and legal status of a person and a citizen lies in the implementation of its preventive function, due to which the interests of the individual, society and the state should not be harmed.

scholarly journals Current determinants of notarial activity: civilistic aspect

Legal Ukraine ◽  
2020 ◽  
pp. 51-59
Author(s):  
Yurii Opanashchuk
Keyword(s):  
Public Law ◽  
The State ◽  
Human Potential ◽  
Constitutional Rights ◽  
Present Stage ◽  
New Era ◽  
State And Society ◽  
Legal Security ◽  
The Individual ◽  
Transformation Processes

The article analyzes the main legal and enforcement obstacles to the development and improvement of notarial activity in Ukraine at the present stage. The author emphasizes that the policy of the domestic legislator in relation to the optimization of notaries, unfortunately, cannot be called consistent and unambiguous, as there are a number of conceptual problems and legislative conflicts that prevent the development of this institution and public law certification of civil relations. It is noted that by lawful and timely notarial acts domestic notaries provide public credibility to civil law relations, which in some cases act as legal facts that have constitutive significance. These conclusions allowed the author to state that the human rights function of the notary acquires the character of a system-forming feature in relation to the activation of human potential in the legal sphere, as not every state authorized to perform such actions is properly capable of performing the duties of an ordinary notary. In this context, the author identifies as key determinants of the development of the institute of notarial services in Ukraine at the present stage the succession of European traditions and the fundamental nature of legal security of civil circulation, as the key goal of the notary as a provider of constitutional rights to qualified legal aid. digital form. At the same time, the organization and implementation of effective law enforcement activities with the help of notarial bodies is one of the priorities of sustainable development of the state and, at the same time, is another determinant in the transformation processes of notaries of the new era of digitalization. In this regard, the author determined that the notary in Ukraine has long become not just a legal body, but an important institution of the state and society as a whole, carrying out public law activities aimed at protecting the rights and interests of the individual. Key words: notary, notarial activity, functions of notary, certificate of transactions.

Doctoral Studies in Psychology in Spain

2003 ◽  
Vol 8 (1) ◽  
pp. 28-33
Author(s):  
Yolanda García Rodríguez
Keyword(s):  
Doctoral Programs ◽  
Legal Reform ◽  
The State ◽  
Teaching Program ◽  
Doctoral Studies ◽  
Public And Private ◽  
Teaching And Research ◽  
Doctoral Thesis ◽  
Critical Phase ◽  
The Individual

In Spain doctoral studies underwent a major legal reform in 1998. The new legislation has brought together the criteria, norms, rules, and study certificates in universities throughout the country, both public and private. A brief description is presented here of the planning and structuring of doctoral programs, which have two clearly differentiated periods: teaching and research. At the end of the 2-year teaching program, the individual and personal phase of preparing one's doctoral thesis commences. However, despite efforts by the state to regulate these studies and to achieve greater efficiency, critical judgment is in order as to whether the envisioned aims are being achieved, namely, that students successfully complete their doctoral studies. After this analysis, we make proposals for the future aimed mainly at the individual period during which the thesis is written, a critical phase in obtaining the doctor's degree. Not enough attention has been given to this in the existing legislation.

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