scholarly journals Freedom of Expression in Ukraine: (Non)sustainable Constitutional Tradition

2019 ◽  
Vol 9 (3) ◽  
pp. 25-42
Author(s):  
Tatiana Slinko ◽  
Olena Uvarova
Keyword(s):  
National Security ◽  
Personal Autonomy ◽  
Freedom Of Expression ◽  
Legal Regulation ◽  
The State ◽  
Main Function ◽  
The One ◽  
The Individual ◽  
Constitutional Tradition

AbstractFreedom of expression is one of the prerequisites for the formation and existence of a democratic society; it belongs among the universal values of paramount importance, because it allows not only to freely express own views, but also reveal the potential of the individual. In addition, it is considered (and it is justified) as one of the main and unconditional achievements of the political reform that is being carried out in Ukraine. The guarantee of freedom of expression, which has the highest political normative content, is, on the one hand, the most important asset of an organic constitution, and on the other hand, serves as the main function of the constitution as a legal source that reflects and responds to the interests of civil society.However, the real challenge for the unsustainable constitutional tradition that still retains some signs of the post-Soviet model of regulation is the need to balance freedom of expression under the conditions of threats to national security. What should be the proper mechanism for guaranteeing freedom of expression at the constitutional level? How strong is the danger that the state violates the requirement of constitutionality in the case of restrictions on freedom of expression for the sake of national security? How does the post-Soviet tradition of legal regulation manifest itself in deciding which model of guaranteeing freedom of expression is chosen by the state? What is the role of the tradition of respect for personal autonomy and the value of tolerance of a society in guaranteeing freedom of expression? The article is devoted to finding answers to these questions.

To the Issue of Bringing Legal Definitions in the Normative Legal Regulation of National Security and Its Individual Types into a Single System: Legal and Theoretical Dimension

2021 ◽  
Author(s):  
O.A. Kolotkina ◽  
Keyword(s):  
Strategic Planning ◽  
National Security ◽  
Legal Regulation ◽  
The State ◽  
Federal Law ◽  
National Interests ◽  
Legal Space ◽  
Industry Affiliation ◽  
Definition Of ◽  
The Individual

The article deals with the issues related to the definition of the essence, role and meaning of legal definitions in the regulatory legal regulation of national security. The author emphasizes the uniqueness of the phenomenon of national security, which acts as a guarantor of ensuring the national interests of the state, society, and the individual and as a basis for the unhindered implementation of the strategic national priorities of the state. It is possible to ensure these interests and implement strategic priorities by creating an effective legal regulation that includes various legal means, as well as regulatory requirements. An important role in the regulatory legal regulation is played by legal definitions, which contain definitions of concepts that act as integral elements of the legal basis for ensuring national security. It is indicated that legal definitions of concepts are generally binding and contribute to the formation of a single legal space. It is stated that the current Federal Law «On Security» does not contain a legislative definition of key concepts in the field of national security. The article raises the problem of unification of the conceptual and categorical apparatus in the field of ensuring national security, through the adoption of fundamental documents of strategic planning. The author attempts to evaluate the legal definitions in the field under consideration in terms of their universality and industry affiliation, the problems of the completeness of their textual expression, as well as the state policy implemented in the field of national security. The author proposes the formulation of the concept «national security», which could become the basis for adjusting the legal definitions of certain types of national security, enshrined in legislative acts and strategic planning documents. The functions of legal definitions in the regulatory legal regulation of national security are identified and disclosed.

scholarly journals Justifying Limitations on the Freedom of Expression

2020 ◽  
Author(s):  
Gehan Gunatilleke
Keyword(s):  
Public Health ◽  
National Security ◽  
Freedom Of Expression ◽  
The State ◽  
Public Order ◽  
Alternative Approach ◽  
The World ◽  
The Common ◽  
Proportionality Test ◽  
The Individual

Abstract The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when limiting such freedom. This article critiques one of the common justificatory approaches employed in a number of jurisdictions to frame the state’s burden to justify limitations on the freedom of expression—the proportionality test. It presents a case for an alternative approach that builds on the merits and addresses some of the weaknesses of a typical proportionality test. This alternative may be called a ‘duty-based’ justificatory approach because it requires the state to demonstrate—through the presentation of publicly justifiable reasons—that the individual concerned owes others a duty of justice to refrain from the expressive conduct in question. The article explains how this approach is more normatively compelling than a typical proportionality test. It also illustrates how such an approach can better constrain the state’s ability to advance majoritarian interests or offload its positive obligations by limiting the freedom of expression of minorities and dissenting voices.

scholarly journals About breach of the rules of the fire safety and legal significance in the Republic of Uzbekistan

2019 ◽  
Vol 5 (3) ◽  
pp. 426-430
Author(s):  
L. Kamolov
Keyword(s):  
National Security ◽  
Fire Safety ◽  
Stable State ◽  
Legal Regulation ◽  
The State ◽  
Fire Prevention ◽  
State And Society ◽  
Integral Element ◽  
The Republic

Fire safety is an integral element of national security. Fire safety is possible with the interaction of the state and society. It is necessary to create and maintain a stable state, which excludes the conditions and causes of uncontrolled burning. The issues of minimizing the damage from fires are considered. Special attention is paid to the role of legal regulation of fire safety. In conclusion, it is concluded that in order to ensure fire safety in the Republic of Uzbekistan, it is necessary first of all, to begin with, fire-prevention propaganda with the population.

scholarly journals Human rights as an object of national security of Ukraine

2021 ◽  
Vol 2 (2) ◽  
pp. 31-36
Author(s):  
Oleh Nalyvaiko ◽  
Nataliya Bratishko
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
National Security ◽  
Economic Security ◽  
The State ◽  
Security System ◽  
Health Security ◽  
Regulatory Strategy ◽  
The One ◽  
The Individual

The article examines the concept of human rights, their meaning, the relationship with guarantees of observance and protection. The classification of types of human rights and freedoms is carried out. Guarantees of legality of restriction of rights are analyzed. The main aspects of human rights as a subject of national security of Ukraine are considered. Considering the problems of national security system management as a materialization of the regulatory strategy of this body, it is important to consider the role of law in this process. Law, as a regulator of public relations, is one of the effective tools, on the one hand, on the other - as a means of optimizing the functioning of the system of national security, in particular. It is determined that human rights are the main criterion for assessing the quality of statehood, the degree of its democracy, commitment to the legal basis, morality, universal values. Thus, human rights and freedoms and their guarantees determine the content and direction of the state. The issues of realization, protection and defense of human rights have become especially important in the context of modern negative factors, including military aggression in eastern Ukraine, economic crisis, quarantine restrictions, etc. It is concluded that human rights are closely linked to their security. According to the current UN classification, the satisfaction of citizens' rights should take place in the following areas of its security: economic security, health security, environmental, public, political, personal and food security. Today, human rights and freedoms are one of the most important objects of national security in Ukraine. By fixing real protection and guaranteeing the rights and freedoms of the individual in a particular community, human rights can act as a humanistic guideline for the development not only of the state as a whole, but also of the national security system formed in the country.

The Pentagon Papers Framework, Fifty Years Later

2021 ◽  
pp. 1-22
Author(s):  
Allison Aviki ◽  
Jonathan Cedarbaum ◽  
Rebecca Lee ◽  
Jessica Lutkenhaus ◽  
Seth P. Waxman ◽  
...  
Keyword(s):  
New York ◽  
National Security ◽  
Freedom Of Expression ◽  
New York Times ◽  
National Defense ◽  
The Press ◽  
The Supreme Court ◽  
The Government ◽  
The One

In New York Times Co. v. United States,1 the Supreme Court confronted a problem that is inherent in a democratic society that values freedom of expression and, in particular, the role of the press in challenging the truthfulness of claims by the government, especially in the realm of national security. On the one hand, as Justice Potter Stewart wrote in his concurring opinion, “it is elementary” that “the maintenance of an effective national defense require[s] both confidentiality and secrecy.”...

scholarly journals Silenced Voices

2021 ◽  
Vol 3 (02) ◽  
Author(s):  
Moa Bladini
Keyword(s):  
Freedom Of Expression ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Women's Voices ◽  
Living Space ◽  
Legal Situation ◽  
Legal Perspective ◽  
Online Abuse ◽  
The One

In this article I examine from a legal point of view some of the consequences for women, and hence for society in general, of online sexist and misogynist abuse in a Swedish context. I argue that one effect is that women’s living space online is demarcated and ultimately, that it threatens women’s possibilities to participate in public debate online. An everyday life perspective and the continuum of sexual violence, both part of a feminist legal perspective, are used as a  theoretical framework to show how online abuse is silencing women. The situation demands action from the state, in order to safeguard freedom of expression and, consequently, democracy. I argue that in this particular situation, two basic aspects of freedom of expression collide: the one most emphasised, the prohibition of censorship, and the less acknowledged aspect, i.e. a diversity of voices.  Deficient ways to handle sexist and misogynist online abuse leads to indirect censorship where women’s voices are silenced. Hence, the state must take action not to fail to guarantee justice for all. There are many initiatives addressing problems of online abuse, both internationally and nationally. In this article I seek to capture and examine the Swedish policy and legal regulation (criminal law and freedom of expression) in this area to sketch the legal situation, to highlight ongoing initiatives and pointing out lacunas and obstacles that needs to be dealt with to guarantee a diversity of voices.

scholarly journals State Reserve and Wartime Stocks of the Republic of Bulgaria – Essence and Cost

2018 ◽  
Vol 24 (1) ◽  
pp. 137-141
Author(s):  
Daniel Manlolov ◽  
Nikolay Kamarashev
Keyword(s):  
Comparative Analysis ◽  
National Security ◽  
Human Factor ◽  
The State ◽  
State Agency ◽  
The Subject ◽  
The Republic ◽  
The Individual

Abstract This report presents the importance of the state reserve and the wartime stocks for the national security of our country. The State Reserve and Wartime Stocks State Agency is the object of our research, and the subject of the research is the agency's budget for the period 2015-2018. In this relation, the structure of the agency with its territorial directorates and the structure of costs are examined in detail. The role of the human factor in the agency and its importance for the management of the state reserve and the wartime stocks are presented. A comparative analysis of the individual costs by elements and budget programmes for the period 2015-2018 has been carried out, paying particular attention to the dynamics in their development over the period under review. Some key conclusions have been made concerning the improvement of the management of the state reserve and wartime stocks

De la gestión local a la gobernanza global: actores e interacciones multiniveles en la gestión del agua en la ciudad de México

2011 ◽  
Vol 1 (3) ◽  
pp. 34-66
Author(s):  
Joyce Valdovinos
Keyword(s):  
Private Sector ◽  
Water Governance ◽  
The State ◽  
Public Authorities ◽  
Service Contracts ◽  
Governance Model ◽  
Role Of The State ◽  
The One

The provision of water services has traditionally been considered a responsibility of the state. During the late 1980s, the private sector emerged as a key actor in the provision of public services. Mexico City was no exception to this trend and public authorities awarded service contracts to four private consortia in 1993. Through consideration of this case study, two main questions arise: First, why do public authorities establish partnerships with the private sector? Second, what are the implications of these partnerships for water governance? This article focuses, on the one hand, on the conceptual debate of water as a public and/or private good, while identifying new trends and strategies carried out by private operators. On the other hand, it analyzes the role of the state and its relationships with other actors through a governance model characterized by partnerships and multilevel networks.Spanish La provisión del servicio del agua ha sido tradicionalmente considerada como una responsabilidad del Estado. A finales de la década de 1980, el sector privado emerge como un actor clave en el suministro de servicios públicos. La ciudad de México no escapa a esta tendencia y en 1993 las autoridades públicas firman contratos de servicios con cuatro consorcios privados. A través de este estudio de caso, dos preguntas son planteadas: ¿Por qué las autoridades públicas establecen partenariados con el sector privado? ¿Cuáles son las implicaciones de dichos partenariados en la gobernanza del agua? Este artículo aborda por una parte, el debate conceptual del agua como bien público y/o privado, identificando nuevas tendencias y estrategias de los operadores privados. Por otra parte, se analizan el rol y las relaciones del Estado con otros actores a través de un modelo de gobernanza, definido en términos de partenariados y redes multi-niveles.French Les services de l'eau ont été traditionnellement considérés comme une responsabilité de l'État. À la fin des années 1980, le secteur privé est apparu comme un acteur clé dans la fourniture de certains services publics. La ville de Mexico n'a pas échappé à cette tendance et en 1993, les autorités publiques ont signé des contrats de services avec quatre consortiums privés. À travers cette étude de cas, nous nous interrogerons sur deux aspects : pourquoi les autorités publiques établissentelles des partenariats avec le secteur privé ? Quelles sont les implications de ces partenariats sur la gouvernance de l'eau ? Cet article s'intéresse, d'une part, au débat conceptuel sur l'eau en tant que bien public et/ou privé, en identifiant les tendances nouvelles et les stratégies menées par les opérateurs privés. D'autre part y sont analysés le rôle de l'État et ses relations avec d'autres acteurs à travers un modèle de gouvernance, défini en termes de partenariats, et des réseaux multi-niveaux.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Reflections on Institutional Cosmopolitanism

2018 ◽  
Author(s):  
Richard Beardsworth
Keyword(s):  
The State ◽  
Nuclear Disarmament ◽  
Global Policy ◽  
Mitigation And Adaptation ◽  
Political Purpose ◽  
Role Of The State ◽  
Agents Of Change ◽  
The Individual ◽  
Change Mitigation

With its moral commitment to the individual, cosmopolitanism has often downplayed the role of the state in cosmopolitan commitments and their practices. There is, however, emerging concern to put the state back into cosmopolitan concerns. This chapter argues that two outstanding reasons for this intellectual move are of an institutional and political nature. First, despite the recent pluralization of global actors, states remain the major agents of change within a (post-Western) system of states; both the moral and political purpose of the state should therefore be aligned with global imperatives. Second, a clearly formulated “marriage” between the global and the national is required to line up institutional motivation for enlightened global policy. This chapter argues, accordingly, for cosmopolitan state responsibilities toward the provision of global public goods (examples include nuclear disarmament, climate change mitigation and adaptation, and sustainable development).

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