Relevant Issues of Property Rights Protection in Ukraine

2020 ◽  
Vol 11 (4) ◽  
pp. 1137
Author(s):  
Liubov M. DOLGOPOLOVA ◽  
Marina V. US ◽  
Sergiy O. GLOTOV
Keyword(s):  
European Union ◽  
Human Rights ◽  
Property Rights ◽  
Legal Protection ◽  
The State ◽  
Economic Feasibility ◽  
International Standards ◽  
The European Union ◽  
Rights Protection ◽  
Property Rights Protection

The issue of protecting property rights today is one of the most important, and depends both on the state and in on the owners of these rights. Despite the fact that Ukraine strives to join the European Union, its legal system is still far from international standards. For example, if the owner of property does not possess at least initial knowledge in the field of protecting his rights, then his property may be at risk, problems may emerge not only from authorities, but also from other owners, entrepreneurs or legal entities. Another issue that should be noted is intellectual property, the concept and regulation of which is necessary for the successful development of the state and its investment attractiveness. The main goal of this paper is to analyze the status of the issue of property rights protection in Ukraine and create a development strategy that can be an important component of a national security strategy. In the paper, along with questions of legislative support of citizens` property rights, considered legislative methods of increasing the potential of enterprises and the level of social protection of the population. Based on the experience of protecting property rights in the European Union, it is shown that the basis for legal protection should be economic feasibility, and not the political situation of the executive and legislative branches. As a result, measures were developed with the help of which the legislative framework and human rights activities should be improved to the level of the EU countries, where special attention is paid to human rights, and, therefore, the property.

Fundamental Rights Protection between Strasbourg and Luxembourg

2018 ◽  
Author(s):  
Katalin Ligeti
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
Individual Rights ◽  
Eu Law ◽  
The European Union ◽  
Rights Protection ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Grand Chamber

Since long before the entry into force of the Charter of Fundamental Rights of the European Union (CFREU), the two highest courts in Europe, the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) have sought to develop their respective jurisprudence in such a way as to ensure a strong protection of individual rights, whilst avoiding clashes between the decisions taken in Luxembourg and Strasbourg. An important statement in this regard is provided by the Bosphorus judgment, in which the Grand Chamber of the ECtHR recognised the existence of a presumption of equivalent protection of fundamental rights under EU law. The presumption is rebuttable, but expresses the trustful attitude (and a certain degree of deference) of Strasbourg towards the ability of EU law (and of the CJEU) to protect Convention rights.

scholarly journals PERLINDUNGAN HUKUM ATAS HAK POLITIK PEREMPUAN OLEH NEGARA

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Yosefina Daku
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
The Political ◽  
Political Rights ◽  
Political Field ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Law

As the law states, Indonesia  provide the protection of the rights for of all people without the discrimination. By the basis of the mandate of the Preamble to the Constitution of 1945 that "a just and civilized humanity," the Indonesian state guarantees of a society that is fair. Political rights granted by the country with regard to discrimination is legal protection by the state against women's political rights. By participating in the convention and recognized in the form of Law Number 7 Year of 1984 on Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, an attempt by the state to remove the problems in realizing the equality of women and men. Therefore  the  problem  that  can  formulated are: 1) how the legal protection of women's political rights in Indonesia? 2) how the implementation of Law Number 7 Year of 1984 on Ratification of the Convention on the Eliminationof All Forms of Discrimination Against Women Related Political Rights of Women?. The purpose of this study was to examine the legal protection by the state against the ful fillment of women's political rights in Indonesia and the implementation of protection of women's political rights pursuant of Law Number7 Year of 1984. This research is a normative law. The technique used in this research is to use the concept approach and statutory approach to reviewing the legislations and legal literatures. Rights protection as a form of justice for each person more specifically regulated in Law about Human Rights. Protection of the rights granted to women by the state including the protection of the political field regulated in some provisions of other legislation. By removing discrimination against women in it’s implementation still look at the culture and customs which is certainly not easy to do and the state is obliged to realize the objectives of the convention

BETWEEN EXCLUSION AND FAMILIARITY: AN ETHNOGRAPHY OF THE MEDITERRANEAN MISSING PROJECT1

2018 ◽  
Vol 40 (2) ◽  
pp. 28-31
Author(s):  
Giorgia Mirto
Keyword(s):  
European Union ◽  
Human Rights ◽  
Data Collection ◽  
The State ◽  
Post Mortem ◽  
The European Union ◽  
Human Rights Law ◽  
The Mediterranean ◽  
Ethnographic Analysis ◽  
Future Work

Abstract For decades, migrants have continued to die or go missing in the Mediterranean, while the European Union and Italy continue to exhibit a policy vacuum around the issue of the missing, despite the duties on states imposed by human rights law. The investigation of deaths is inadequate, the Italian judicial authorities demonstrate disinterest to proceed with investigations in the identification of deceased migrants, and the inefficient post-mortem data collection seriously compromise every effort to restore names and dignity to the dead. This attitude seems to confirm the theory of “necropolitics,” which views the state as a racist and excluding sovereign entity. But ethnographic analysis of the work of some of the involved actors reveals recognition of the deceased and missing migrants based on a sense of familiarity and closeness. Here, the experience of the Mediterranean Missing Project is discussed, with an emphasis on future work prospects for both academia and practitioners.

Large-Scale Land Acquisitions, Commitment Problems and International Law

2015 ◽  
Vol 8 (1) ◽  
Author(s):  
Yorck Diergarten ◽  
Tim Krieger
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Large Scale ◽  
Rights Protection ◽  
Weak Institutions ◽  
Land Acquisitions ◽  
Property Rights Protection ◽  
International Investors ◽  
Large Scale Land ◽  
Commitment Problems

AbstractDeveloping countries with weak institutions often face severe commitment problems. International investors are reluctant to invest in these countries because their property rights are insufficiently protected. We argue that in order to overcome the commitment problem countries may subject investors’ rights protection to independent investment tribunals. These tribunals are known to strictly support property rights protection and to be reluctant to honor human rights considerations, although they might be applicable. This may explain why human rights of the local smallholders in large-scale land acquisitions are hardly protected in the Global South.

scholarly journals Actual Issues of Forensic Activities in Ukraine and the Possibility of Implementing International Standards of the Industry in the Ukrainian Legislation

2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Lidiya Kotlyarenko ◽  
◽  
Nataliia Pavlovska ◽  
Eugenia Svoboda ◽  
Anatolii Symchuk ◽  
...  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Regulation ◽  
International Standards ◽  
European Convention ◽  
European Law ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Standard ◽  
The Eu

International standards exist in any field of legal regulation however, they are mostly identified with standards that regulate the technical sphere, since they are the most common ones. Nonetheless, today it is hard to imagine any area of public life withno generally recognized international standards. European legal standards are formed within the framework of the two most regional international associations –the Council of Europe and the European Union. The Council of Europe sets, first of all, standards in the humanitarian sphere: human rights, environment protection, and constitutional law, which is determined by the goals and purpose of its functioning. The European Union (hereinafter referred to as the EU) using directives, regulations, and other legal acts sets standards for most areas of the EU population's life. It should be noted it is during the development of 'standardization' in the European law that specific development of public relations in the EU takes place. Defining the EU legal standardas a separate category of norms of the European law, it is noteworthy that this term is used in a broad sense as a 'legal standard' and incorporates such elements as the general principles of the EU law and the 'common values' of the EU –they relate to people, environment, economic issues, and so on. The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is a classic example of their implementation. In a narrow sense, this term has a specific meaning and does not coincidewith the concept of 'legal standard', e.g. these are standards in the technical field that are adopted by the European Committee for Standardization, that is, in its content, it is a technical publication that is used as a norm, rule, guide or definition.Therefore, they relate to products, services, or systems and are the basis for convergence and interaction within the growing market of various business sectors. Today, in international law de facto there is a system of standards that regulate various aspects of international relations.

scholarly journals Armando Carvalho and Others v. EU: Invoking Human Rights and the Paris Agreement for Better Climate Protection Legislation

2020 ◽  
Vol 9 (1) ◽  
pp. 137-164 ◽  
Author(s):  
Gerd Winter
Keyword(s):  
European Union ◽  
Human Rights ◽  
Ghg Emissions ◽  
Climate Science ◽  
Economic Feasibility ◽  
Direct Access ◽  
Final Decision ◽  
The European Union ◽  
Protection Legislation ◽  
Substantive Law

AbstractThis contribution takes the form of an uncommon case report. It discusses an action brought to the Court of Justice of the European Union (CJEU) before the final decision has been rendered. The author believes this is justified because the innovative character of the procedural and substantive reasoning of the application could be of interest to a wider public. This may be the case even if the CJEU eventually dismisses the action as being inadmissible, leaving the substantive questions undecided. The applicants in Carvalho and Others v. European Union claim that European Union (EU) law does not limit greenhouse gas (GHG) emissions as strictly as is required by EU human rights and international law. The case note explains the parties in the case, the acts being challenged, the relief being sought, and the content and application of the relevant procedural and substantive law. The case is illustrative of the high barriers for direct access to the CJEU, and suggests how they might be overcome. It is also a laboratory for examining the interface of climate science, economics, and law. At this interface, available emissions budgets and the technical and economic feasibility of emissions reductions are calculated and made legally relevant. Carvalho is based on the applicants’ conviction that, where the EU assumes a regulatory competence such as that of GHG emissions reduction, it must exercise it in accordance with its human rights and international obligations.

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