HISTORY AND REFORMS OF THE PROSECUTOR'S OFFICE OF THE KYRGYZ REPUBLIC

2019 ◽  
Vol 19 (3) ◽  
pp. 193-197
Author(s):  
Adilet Merkanov ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
The State ◽  
Successful Implementation ◽  
Kyrgyz Republic ◽  
The Public ◽  
Political Transformations ◽  
Democratic Rule

Nowadays in Kyrgyz Republic take a place huge reforms of prosecutors. The implementation of national projects requires a new quality of prosecutorial oversight so thatthe human rights and law enforcement potential of the prosecutor’s office really contributes to the development of a democratic rule of law. The prosecutor's office as one of the state legal institutions plays an extremely important role in the public and state life of the Kyrgyz Republic. As you know, the successful implementation of socio-economic and socio-political transformations in the state largely depends on existing laws, the observance of which the prosecutor's office is called upon to monitor.

HISTORICAL AND LEGAL ASPECTS OF THE DEVELOPMENT OF PROSECUTION BODIES

2019 ◽  
Vol 19 (3) ◽  
pp. 198-203
Author(s):  
Adilet Merkanov ◽  
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Legal Aspects ◽  
The State ◽  
Successful Implementation ◽  
Kyrgyz Republic ◽  
The Public ◽  
Political Transformations ◽  
Democratic Rule

Nowadays in Kyrgyz Republic take a place huge reforms of prosecutors. The implementation of national projects requires a new quality of prosecutorial oversight so that the human rights and law enforcement potential of the prosecutor’s office really contributes to the development of a democratic rule of law. The prosecutor's office as one of the state legal institutions plays an extremely important role in the public and state life of the Kyrgyz Republic. As you know, the successful implementation of socio-economic and socio-political transformations in the state largely depends on existing laws, the observance of which the prosecutor's office is called upon to monitor.

scholarly journals KENDALA DALAM PELAKSANAAN FUNGSI BALAI PEMASYARAKATAN DALAM PERLINDUNGAN HAK ASASI MANUSIA PADA SISTEM PERADILAN ANAK

2021 ◽  
Vol 3 (2) ◽  
pp. 94-100
Author(s):  
Nuryuli Nurdin ◽  
Baso Madiong ◽  
Yulia A. Hasan
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Justice System ◽  
The Rule Of Law ◽  
Protection Of Human Rights ◽  
Law Enforcement Officials ◽  
Three Stages ◽  
Collection Methods

Penelitian ini bertujuan untuk mengetahui Pelaksanaan Fungsi Balai Pemasyarakatan (BAPAS) Makassar Dalam Perlindungan Hak Asasi Manusia Pada Sistem Pidana Anak dan Kendala Balai Pemasyarakatan dalam Perlindungan Hak Asasi Manusia Pada Sistem Peradilan Anak. Penelitian merupakan penelitian normatif. Metode Pengumpulan Data melalui wawancara dan dokumentasi. Teknis Analisis data ini merupakan analisis kualitatif. Hasil penelitian menunjukkan bahwa Balai Pemasyarakatan kelas I Makassar sebagai salah satu penegak hukum khususnya dalam pembimbingan terhadap anak nakal menjalankan perannya tersebut melalui tiga tahap, yaitu tahap Pra ajudikasi, tahap ajudikasi dan tahap Post ajudikasi. Faktor kendala yang dihadapi dalam pelaksanaan Fungsi Balai Pemasyarakatan (BAPAS) antara lain kelemahan aturan hukum yang berlaku terhadap tindak pidana anak, kurangnya koordinasi diantara sesama aparat penegak hukum, rendahnya kualitas sumber daya manusia di BAPAS, and kurang Sarana dan Prasarana yang memadai. Mengakibatkan pelaksaan Fungsi Balai Pemasyarakatan (BAPAS) kurang optimal, dan alokasi anggaran dana yang sangat minim. This study aims to determine the implementation of the function of Makassar Correctional Center (BAPAS) in the Protection of Human Rights in the Criminal Justice System of Children and the Obstacles of the Correctional Center in the Protection of Human Rights in the Justice System of Children. This research is normative research. Data collection methods were through interviews and documentation. Technical analysis of the data is a qualitative analysis. The results showed that Correctional Center Class I Makassar as one of the law enforcers, especially in guiding delinquents carried out their roles in three stages, which are the Pre-adjudication stage, the adjudication stage and the Post-adjudication stage. Obstacles faced in the implementation of the function of Correctional Center (BAPAS) are weaknesses in the rule of law that applies to the crimes of children, lack of coordination among law enforcement officials, low quality of human resources at BAPAS, and lack of adequate facilities and infrastructure. As a result, the implementation of the function of Correctional Center (BAPAS) is not optimal, and the budget allocation for funds is very minimal.

scholarly journals Legal doctrine as a source of legal argumentation in the process of human rights protection

2020 ◽  
Vol 11 (11) ◽  
pp. 175-179
Author(s):  
Nуkolуna K. V.
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Public Perception ◽  
Legal Regulation ◽  
Soft Law ◽  
Legal Argumentation ◽  
Legal Doctrine ◽  
The Public ◽  
Actual Content

The article is devoted to determining the place of legal doctrine in the system of sources of law and substantiating its importance in the process of protection of human rights as a legitimate basis for legal argumentation. An analysis of current scientific research suggests that today there is no single unified perception of the category of legal doctrine among both legal theorists and law enforcers. The author points out a number of conflicting points that need to be finally resolved. In particular, there is no understanding from which point an idea, concept or view of law can be considered doctrinal. In this case, it is possible to use the experience of Western jurisprudence, which uses a variety of citation indices, which indirectly testifies to the authority of one or another scientific source, as well as informal lists of authoritative among judges of books of lawyers. Also open today is the question of securing binding reference to a specific scientific source by law enforcement entities in the process of reasoning of the decision. According to the author, the doctrine is a source of law in every case where law-makers or law-makers use scientific concepts, ideas, views when making legally significant decisions. The Constitution of Ukraine in Art. 129 by declaring that "the judge is independent and governed by the rule of law", in fact, enshrined the obligation to apply legal doctrine in the law enforcement process. In making its decision, a judge, when substantiating a certain legal position, has the right to refer not only to national legislation, but also to use the results of scientific papers, the findings of the Constitutional Court of Ukraine, etc. At the same time, the problem of recognizing the legitimacy of decisions based on doctrinal approaches is important. Based on the thesis that law is a product of society, an expression of the public perception of justice, then the public will itself will be the primary source of law. No matter which of the official forms of law prevails in a particular legal system, it must be legitimized (recognized) by society, and therefore endowed with a high degree of authority. When analyzing a legal rule, it is necessary to distinguish its textual expression and its actual content. Legal doctrine, as a more dynamic phenomenon than official legal regulation, is able to formulate algorithms for finding the actual content of a rule of law in the context of its application. Given the tendencies in the evolution of legal regulation in the direction of deformation and decentralization, the phenomenon of legal doctrine can be explained using a differentiated approach to sources of law, distinguishing between "hard law" and "soft law" (soft law). By analogy, legal doctrine can be considered as an informal authoritative source of law, which is the intellectual basis of legal thinking and argumentation, formed within the jurisprudence and represents a set of scientifically sound ideas, concepts, views, which formulate effective models and standards for solving current problems of legal practice. Keywords: legal doctrine, human rights, sources of law, legal argumentation.

scholarly journals “ANTI-CORRUPTION” RESTRICTIONS FOR PERSONS AUTHORIZED TO PERFORM THE FUNCTIONS OF THE STATE OR LOCAL SELF-GOVERNMENT: THE REALITIES OF THE USE OF THE “FILTER” OF LEGAL CERTAINTY IN UKRAINE AND FOREIGN COUNTRIES

2019 ◽  
pp. 84-89
Author(s):  
T. O. Kolomoiets
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
The State ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Foreign Experience ◽  
Legal Standards ◽  
Foreign Countries ◽  
Broad Approach

The article substantiates the expediency of considering “anti-corruption restrictions” in relation to persons authorized to perform the functions of the state or local self-government in the aspect of compliance with the requirements of legal certainty in the use of their resource. Legal certainty (juridical security) is considered as an integral component of the rule of law, which combines the “substantive” (“quality” of the regulatory framework for using the resource of “anti-corruption” restrictions) and “procedural” (“quality” of law enforcement with respect to relevant restrictions) components that only collectively shape the phenomenon of legal certainty of “anti-corruption” restrictions. We consider appropriate to use a “broad” approach to understanding the legal certainty of “anti-corruption” restrictions, which combines the “substantive” and “procedural” legal certainty of corresponding restrictions, and enhancing the “quality” of anti-corruption legislation in terms of defining “anti-corruption” restrictions and the “quality” of its application practice makes it possible to increase the effectiveness of these restrictions as an anti-corruption “tool”. The “defects” of the “substantive” and “procedural” legal certainty of domestic “anti-corruption” restrictions are distinguished and compared with the “quality” of the corresponding components of the legal certainty of “anti-corruption” restrictions in foreign countries. Specific proposals are formulated to improve the “quality” of anti-corruption legislation in terms of fixing “anti-corruption” restrictions, the “quality” of anti-corruption enforcement practices (in terms of the terminological framework, the use of valuation concepts, techniques and technologies of anti-corruption rulemaking in the part of “anti-corruption” restrictions, law enforcement unification). The article substantiates the expediency of prudent borrowing of positive, tested by time and practice foreign experience of anti-corruption rulemaking and anti-corruption enforcement in the use of the resource of “anti-corruption” restrictions (minimization of evaluation provisions, extended conceptual series, duplication of criteria for determining limits of restrictions, minimization of blanket and referral standards, clarity and transparency of regulations, thematic generalizations of law enforcement practices) by which it is possible to ensure compliance of the “quality” of legal certainty of “anti-corruption” restrictions in Ukraine with international legal standards, consistency with foreign analogues as an effective anti-corruption “tool”.

scholarly journals Mewujudkan Negara Hukum Indonesia

2012 ◽  
Vol 1 (3) ◽  
pp. 339
Author(s):  
Imam Subechi
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Action ◽  
State Power ◽  
The State ◽  
State Laws ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
Protection Of Human Rights ◽  
Democratic Rule

This Article entitled " the State law of Indonesian" is the result of a study on the conception of characteristic of law states of Indonesian that distinguish the conception of the state laws in other countries. Based on the research results, can be explained even get the effect of various thoughts, but conception of law state of Indonesian different with conception the rule of law and rechtsstaat. This can be search from basic of philosophy, the nature of sovereignty, the powers of state organs, and human rights. There are six main elements of Indonesian law states, namely: 1) Pancasila; 2) supremacy of law;; 3) democratic 4) restrictions and dispersal of state power; 4) independent judiciary; 6) protection of human rights. the statement of Indonesia as a democratic rule of law based on Pancasila then should all forms of civic and social action must be based on the law.Keywords: Pancasila, State of law (the rule of law, rechtsstaat), Democracy, Human Rights

APPLICATION OF FIREARMS AS ONE OF THE MEANS OF COORDINATION BY THE STATE WITHIN THE COMPETENCE OF EMPLOYEES OF INTERNAL AFFAIRS

2021 ◽  
Author(s):  
Vladymyrov M. ◽  
Paliukh V.
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Social Groups ◽  
Law Enforcement Officers ◽  
The State ◽  
Law And Order ◽  
The Rule Of Law ◽  
The Right ◽  
The Impact

The article considers the main competencies of law enforcement officers who have the right to use firearms, as a force representing the state to maintain law and order, and prevent violations of human rights and security, which allows to determine the levels of possible use of firearms as a form of coercion and influence on civil society, as well as to identify its subjects and objects - to identify all participants in such a process, and the impact on large social groups in order to comply with the rule of law in society.

scholarly journals THE PURSUIT OF HAPPINESS AS A UNIVERSAL HUMAN RIGHT

2021 ◽  
Author(s):  
Bojana HAJDINI ◽  
◽  
Ada GUVEN ◽  
Keyword(s):  
Human Rights ◽  
Key Words ◽  
The State ◽  
Public Institutions ◽  
Pursuit Of Happiness ◽  
Human Right ◽  
The Public ◽  
Institutional Resources

The article aims to give a brief review of the concept of the pursuit of happiness, its’ meaning and the role of individuals and the state that can contribute to the achievement of individual happiness by providing the legal, financial, and institutional resources. Further the article analyze the first constitutions that specifically foreseen the pursue of happiness in their provisions and argued that constantly remind the public institutions of the intentions in respecting the natural, unalienable, and sacred human rights that are necessary for the maintenance of order and the happiness of all. In the last part of the article we have studied some of the modern European constitutions and concluded that in difference from the Declarations of two centuries before, the term of happiness has been replaced with a list of rights that implicitly oblige governments to secure to all of its’ citizens extended quality of happiness. Key words: pursuit of happiness, human rights, constitution

scholarly journals Human Rights and Law Enforcement

2019 ◽  
Vol 4 (1) ◽  
pp. 114
Author(s):  
Fransiska Novita Eleanora ◽  
Andang Sari
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
The State ◽  
Human Rights Violations ◽  
The Rule Of Law ◽  
The World ◽  
The Government

Humans born into the world have declared their rights and naturalrights as gifts from the Almighty, God and every State must recognize them aslegal subjects who must always be respected and protected to realize human valueswell. Therefore; no one can or can act negatively, including the state or even theauthorities or the government. Conceptually, a country that is expected to realizeit is only a legal state that is considered legitimate and adheres to the notion ofdemocracy, namely democracy will become a rule and law. The realization of therule of law is to take action against perpetrators who are proven to have committedcrimes and human rights violations. This paper explains that there are still manycases of gross violations of human rights that have not been clearly revealed andthe perpetrators have not been given appropriate punishment, by giving sanctionsto the perpetrators, so that law enforcement is not realized. The embodiment ofthe rule of law is that it can capture cases of gross violators of human rights andconvict the perpetrators in accordance with the laws that apply in accordance withthe characteristics of the rule of law. The problem is whether law enforcement hasbeen realized especially in human rights violations and can be resolved throughnegotiation, conciliation and mediation.

scholarly journals Features of documenting an administrative offense in the field of violation of human quarantine rules

2020 ◽  
pp. 60-74
Author(s):  
Mykola Sambor
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
The State ◽  
The Rule Of Law ◽  
Evidence Collection ◽  
Theory Of Evidence ◽  
Administrative Responsibility

The article examines legal, organizational aspects of documenting administrative offenses for violating the rules of quarantine of people. The decisions of the courts of Ukraine are studied, in which the evidence is examined from different angles, the question of their belonging, admissibility and sufficiency is studied. Based on the analysis of law enforcement practice of judicial bodies, the generalization of fundamental legal positions of courts aimed at observance of the principles of the rule of law and observance of human rights and freedoms has been carried out. Conclusions are made about the peculiarities of the use of sources of evidence when documenting violations of human quarantine rules. It is proposed to supplement the Code of Ukraine on Administrative Offenses with a number of articles that would contain procedural norms aimed at regulating the procedure and rules for collecting evidence on violations of human quarantine rules. Approval of the legality of the actions of authorized officials who have been authorized by the state to draw up reports on administrative offenses and to bring persons to administrative responsibility under Art. 443 CUAO it is necessary to supplement CUAO with articles of Art. 2511 CUAO “Belonging of evidences”, Art. 2512 of the Code of Administrative Offenses “Admissibility of evidence”, Art. 2513 CUAO “Reliability of evidences”, Art. 2514 of the Code of Administrative Offenses “Sufficiency of evidence”, Art. 2515 CUAO “Obligation of evidence”. Art. 2516 CUAO “Collection of evidence”. These additions to the Code of Administrative Offenses will allow to a theory of evidence in cases of administrative offenses. Keywords: documentation, administrative offense, violation of human quarantine rules, affiliation, admissibility, sufficiency, reliability of evidence, collection of evidence.

Os crimes contra os direitos humanos praticados na ditadura militar brasileira: Justiça de transição e persecução penal

2020 ◽  
Author(s):  
Marcos José Pinto
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Criminal Prosecution ◽  
Military Dictatorship ◽  
Criminal Offenders ◽  
State Agents ◽  
Democratic Rule

This book aims to analyze the crimes against human rights that offended the Democratic Rule of Law in Brazil, committed by state agents in the Brazilian military dictatorship (1964/1985), asserting that they remained unpunished. In view of this, to address this issue, it is proposed that criminal offenders be held liable. The issue of our slow Transitional Justice will also be examined, arguing for the criminal prosecution of state agents who violated human rights in Brazil, demonstrating how and how this can occur, all in order to move away from impunity, hitherto guaranteed by the Brazilian Amnesty Law, ensuring the effectiveness of justice and the strengthening of democracy.

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