scholarly journals Actual Problems of Extremism Crime Counteraction

2018 ◽  
Vol 12 (4) ◽  
pp. 561-571 ◽  
Author(s):  
Viktor Kirilenko ◽  
Georgy Alekseev
Keyword(s):  
Human Rights ◽  
Private Property ◽  
Criminal Activity ◽  
Legal Framework ◽  
Problem Area ◽  
Russian Society ◽  
Political Struggle ◽  
Criminal Violence ◽  
Beneficial Impact ◽  
Protection Of Human Rights

In the conditions of globalization, international cooperation in counteracting the spread of radical ideologies is based on the common understanding of the necessity to combat the criminal activities of extremism groups. The use of strict criminal sanctions towards persons guilty of extremism crimes fully complies with the requirements set forth in the international agreements regarding the protection of human rights. Isolation of the most dangerous extremists from society is an effective way of preventing acts of terrorism, it has a beneficial impact on national and international security and contributes to the fulfillment of fundamental human rights and freedoms. The problem area of the criminal law qualification of extremism crimes is the necessity to differentiate between violent extremism and other offenses as well as lawful public initiatives against social discrimination and injustice. If power struggle takes place outside the legal framework, it poses a high degree of public danger, but only the gravest illegal actions should be qualified as manifestations of extremism. The ability of national law enforcement to impose sanctions corresponding to the gravity of unlawful methods of political struggle motivated by extremism is determined by the task of separating extremism ideology from less publically dangerous forms of organizing political protests. The analysis of extremism groups criminal activity showed that the ideology of criminal extremism is characterized by the desire to obtain power, authority and political clout by harming lives and health of people as well as by destroying such systemic institutes of civil society as family and private property. The solution to the problem of fair punishment in counteracting crimes with extremist motives lies in the elimination of such conditions that give rise to extremism ideologies and that act as a criminogenic factor determining the most dangerous cases of criminal violence in the Russian society.

scholarly journals The Legal Approach to the Provocation of Bribe as a Variety of Provocation of Crime in Case-law of the European Court of Human Rights

2021 ◽  
Vol 6 ◽  
pp. 18-27
Author(s):  
Mykhaylo Buromenskiy ◽  
Vitalii Gutnyk
Keyword(s):  
Human Rights ◽  
National Court ◽  
Criminal Activity ◽  
Case Law ◽  
Unique Type ◽  
Covert Action ◽  
National Courts ◽  
European Court ◽  
Protection Of Human Rights ◽  
Degree Of Participation

The article gives a legal assessment of “provocation of bribe” as a kind of “provocation of crime”. The authors examine the relevant case-law of the European Court of Human Rights (ECHR) and find that the Court does not consider “provocation of bribe” as a provocation of a unique type of crime, but summarizes the situation of “provocation of crime”, including corruption crimes (including, giving a bribe, offering a bribe, receiving a bribe).The article pays special attention to the fact that the ECHR considers complaints of provocation of bribery in the context of the rights provided for in of the Convention for the Protection of Human Rights and Fundamental Freedoms. The Court’s position is that the existence of a proven provocation of a crime deprives a person of a fair trial from the very beginning of the proceedings. The article analyzes the signs of incitement to crime, which are an integral part of provocation of crime.The article emphasizes that the ECHR, when considering relevant cases, refers exclusively to the procedural aspect of bribery provocation, assessing the extent to which the bribery provocation affected the quality of the evidence obtained as a result. In case of considering relevant cases in the national court, the ECHR places the positive obligation to prove the absence of incitement (as a key sign of provocation of a crime) primarily on the prosecution.Based on the analysis of the case-law of the European Court of Human Rights, the authors draw attention to the fact that covert investigative and operational actions must be carried out in a passive way so as not to create any pressure on a person to commit a crime.The case-law of the ECHR also provides an opportunity to determine the limits of national courts’ examination of situations in which a defendant claims to be a victim of a “provocation of crime”. The national court must find out the following: 1) motives of decision-making on a covert action; 2) the degree of participation of the law enforcement agency in the commission of the crime; 3) the nature of any incitement or pressure experienced by the applicant; 4) reliable information about the defendant’s participation in such criminal activity.

scholarly journals The Securing a Claim in the Context of Sustainable Development: An Evaluation of the Latvian Experience

2021 ◽  
Vol 10 (4) ◽  
pp. 281
Author(s):  
Andrejs Gvozdevičs
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Legal Framework ◽  
Legal Regulation ◽  
Theory And Practice ◽  
The Sustainable Development ◽  
Legal Norms ◽  
Inductive Methods ◽  
Protection Of Human Rights ◽  
The Right

Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right of everyone to a fair and public hearing by an independent and impartial tribunal established by law. An important guarantee, such as the enforcement of a court judgment, is also enshrined in human rights theory and practice, as unenforced judgments pose a threat to legal stability, which is one of the fundamental basis for the sustainable development of society. The institute of law of the securing a claim serves in cases where execution of the future judgment may be impossible or made substantially more difficult. The aim of the research is to study the legal framework, which determines the regulations of the securing a claim in Latvia in order to make proposals for enhancement of the legal framework. The research deployed descriptive, analytical and deductive-inductive methods as well as the methods of interpretation of legal norms. Using these methods, legal acts, views of legal scientists and case law were reviewed and analyzed, and subsequently conclusions and recommendations were made. Analyzing the development of the securing a claim it can be admitted that this institute of law in Latvia has problems as the application of the securing a claim in court practice within the framework of limited adversarial and dispositivity principles, as well as shortcomings in the theoretical foundations of the securing a claim which are based on the findings of legal scientists of the last century. As a result of the research, the author drew the conclusions, that Latvia does not make sufficient use of the long-standing successful procedural solutions for securing a claim in others states, such as court mortgages, bank guarantee or mortgage of the plaintiff to secure the defendant's losses, defendant's protection letter to protect against unjustified securing a claim, a possibility to secure a claims which are not financial in nature and many more that can make legal regulation of the securing a claim more modern and effective.

scholarly journals The Legal Framework for the Promotion and Protection of Human Rights in Cameroon by Non-Governmental Organisations

2021 ◽  
Vol 24 (1) ◽  
pp. 29-45
Author(s):  
Alvine Longla Boma
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Framework ◽  
The State ◽  
African Countries ◽  
Public Authorities ◽  
The Public ◽  
Civil Society Organisations ◽  
Protection Of Human Rights ◽  
The Right

Civil Society organisations play key roles in African countries. This is not an exception in the Cameroonian dispensation. Indeed, the existence and operation of civil societies in this jurisdiction is legitimated by a 1990 law allowing the free formation of associations. Even though the state has the primary obligation to promote and protect human rights, there also exists a plethora of associations with the same interest. This paper is motivated by the state’s wanton failure in ensuring the enjoyment and fulfilment of the right. For one thing, the state has maintained a stronghold on the Civil Society through legislation which gives public authorities a leverage over human rights defenders. Moreover, an analysis of existing legal and institutional frameworks available to allow human rights non-governmental organisations thrive, leaves much to be desired. Findings reveal that though there are adequate laws and institutions which ensure the creation and functioning of Civil Society organisations in Cameroon, there are also contradictory laws which give the public authority an edge over these organisations and allow them to sanction the activities of some human rights defenders under the guise of maintaining public order. We argue that there should be adequate protection offered to human rights defenders as well as the relaxation of laws permitting public authorities to illegally sanction the activities of relevant non-governmental organisations.

Inter-American Commission on Human Rights (IACHR) and Inter-American Court of Human Rights (IACtHR)

2021 ◽  
Keyword(s):  
Human Rights ◽  
Great Majority ◽  
Legal Framework ◽  
Special Importance ◽  
Human Rights Protection ◽  
American System ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
To Receive ◽  
Domestic Law

The Inter-American System for the Protection of Human Rights is a regional mechanism that has had a significant impact on the institutional framework of the State Parties to the Organization of American States (OAS), contributing to the elimination of structural human rights issues in the region. With a population of around 900 million people, the thirty-five States that comprise the OAS have accepted, to different extents, the supervising competence of its main human rights protection bodies: the Inter-American Commission on Human Rights (IACHR) and the Inter-American Court of Human Rights (IACtHR). This research bibliography on the Inter-American System is organized in six sections. The first is a general overview that describes the regional legal framework, the different research approaches that doctrine has developed to study it, and the factual and statistical resources that are of special importance in such research. The second section introduces the regional protection bodies and their interaction within the Inter-American System. The third and fourth sections are dedicated to the particular analysis of each body. It begins with the Inter-American Commission, with a description of its two most relevant foci, namely, its human rights promotion tasks and its competence to receive individual petitions. It then moves to the Inter-American Court of Human Rights and engages with the literature about its contentious jurisdiction—where reparations, supervision of judgments, and compliance to its judgments—along with its advisory and precautionary jurisdiction will be analyzed in greater depth. Finally, the fifth and sixth sections are dedicated to two topics of special analytical relevance and current importance: the dialogue between regional protection systems in the search for answers to common problems and finally the notion of control of conventionality as a particular and groundbreaking legal development of the system and its development within the State’s domestic law. The selected works in this bibliography are mostly available in English and Spanish (judgments of the IACtHR and reports of the Commission may be accessed in both languages) and the great majority of these texts are available without cost, digitally, online and without subscription. This research bibliography, accordingly, aims at avoiding obstacles to open research into this topic from the Global South and other latitudes.

Freedom of Movement: the Typology of Arguments, Policies and Practices

2020 ◽  
Vol 2020 (2) ◽  
pp. 181-197
Author(s):  
Marina Lifshits
Keyword(s):  
Human Rights ◽  
Private Property ◽  
Migration Policy ◽  
Freedom Of Movement ◽  
Ludwig Von Mises ◽  
Protection Of Human Rights ◽  
And Migration ◽  
Von Mises ◽  
Policies And Practices

Modern discussions on freedom of movement date back to the late XIX - early XX century. According to Ludwig von Mises, state’s attitude to freedom of migration is inseparably linked with its relation to private property, freedom in the flow of goods and capital, as well as to the protection of human rights and property. Drawing on Mises’ approach, the paper identifies five main types of economic and migration policy: anarchy - liberalism - protectionism - dirigisme - totalitarianism. The author addresses arguments pro and contra freedom of movement from the standpoint of liberalism, protectionism and dirigisme, and shows that within one state the traits of various types of economic and migration policy can be mixed. At large, however, the “Mises rule” holds true today: the further the economy is from liberalism, the less freedom of movement there is in an immigration-attractive country. At the same time, efficient liberal migration policy requires consistent liberalism in the economy.

States of emergency and the legal questions over human rights restrictions

SEER ◽  
2021 ◽  
Vol 24 (1) ◽  
pp. 51-62
Author(s):  
Osman Kadriu
Keyword(s):  
Human Rights ◽  
Political Struggle ◽  
Constitutional Courts ◽  
State Of Emergency ◽  
States Of Emergency ◽  
Legal Questions ◽  
Practical Reality ◽  
Protection Of Human Rights ◽  
The Republic ◽  
Constitutional System

This article starts from the premise that human rights are the singular most important achievement won in political struggle. However, there remains a gap between the ideal and the practical reality which gives room for debate as to how, and in what circumstances, such rights can be restricted when a state of emergency arises. Within this framework, special attention is paid to the provisions of certain international documents related to the field of human rights as well as within a state’s own national law. The article discusses in particular the possible abuses of human rights in the situation of a state of emergency and the legal safeguards that have been put in place. The article presents the specifics of the constitutional system of the Republic of North Macedonia, with a special analysis of the role of constitutional courts in the protection of human rights during a state of emergency, and concludes with a look at the declaration of a state of emergency in Macedonia during the Covid-19 pandemic and at the legality of the actions of the various institutions involved.

To the Concept of Asylum. Right or Duty of the State?

2020 ◽  
Vol 17 (4) ◽  
pp. 65-74
Author(s):  
Olga O. Semyonova
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
The State ◽  
International Standards ◽  
Human Right ◽  
Analysis And Synthesis ◽  
The Status ◽  
Protection Of Human Rights ◽  
Definition Of ◽  
The Right

Introduction. The article is devoted to the concept and legal characteristics of asylum. The relevance of the topic is due to the eclectic character of the research available in the literature on this issue. Purpose. Definition of the concept of asylum, as well as research on whether asylum is a right or an obligation of the state. Methodology. The study of problems was carried out on the basis of scientific analysis and synthesis, formal-logical, system, comparative-legal methods, the method of interpretation of law, etc. The theoretical basis of the research is the scientific works of domestic and foreign legal scientists, practicing lawyers in the field of general theory of state and law, public international law, constitutional law of Russia and Germany. Results. Asylum should be considered in three aspects: as a legal institution, as a form of protection of human rights, and as a legal position. Asylum as a form of protection is the temporary territorial protection of fundamental human rights granted by the state to a refugee (as defined in the 1951 Convention relating to the status of refugees), whose main characteristics are security, dignity, fundamental human rights and freedoms, family unity and confidentiality. The human right to asylum as temporary protection is a fundamental human right. The provision of permanent protection and integration in the state of asylum is the sovereign right of states. Conclusion. For the effective functioning of the asylum system in Russia and to avoid conflicts in law enforcement practice, it is necessary to consolidate the concept of asylum at the legislative level. When improving the legal framework for granting asylum in Russia, it is necessary to take into account the following characteristics of the right to asylum in accordance with international standards and to provide legal guarantees for granting asylum on a temporary basis.

THE COHERENCE OF EU LAW: THE PROMOTION OF INVESTMENTS VS. THE PROTECTION OF HUMAN RIGHTS

2014 ◽  
Vol 23 (1) ◽  
pp. 91-112 ◽  
Author(s):  
Eduardo Savarese
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
International Investment ◽  
Eu Law ◽  
The European Union ◽  
Human Rights Law ◽  
Eu Policy ◽  
Exceptions And Limitations ◽  
Protection Of Human Rights ◽  
Investment Agreements

Among the challenging legal questions which the new competence of the European Union (EU) in the field of investments abroad raises, one deserves particular attention, namely coherence between the protection of investments and the promotion of human rights and democracy within EU law. After examining general EU policy, the paper then examines the normative and procedural relationship between investment law and human rights law that emerges from arbitral case law. While areas of convergence exist, these two regimes appear to operate within a legal framework of mutual indifference. However, human rights law and related concerns represent both general principles of EU law and EU policy of paramount importance in the development of external relations. As a result, EU institutions must ensure the coherence of investment policy with human rights law and policy. The issue of coherence may be viewed from a policy perspective, with particular regard to the specific powers entrusted to the Commission, the Parliament and the Council of Europe and the current exercise of such powers. In this regard, the more the standards of investors’ protection under investment agreements are premised on clear definitions, exceptions and limitations, the more the adoption of State measures for the protection of human rights will fall within the circumstances precluding wrongfulness. In addition, the coherence issue has a normative component which concerns the compatibility of future EU International Investment Agreements (IIAs) with primary and secondary EU law. Conflicts between future EU IIAs and EU law may undermine the uniform application of EU law. Similarly, these conflicts may lead the assertion of the supremacy of EU law resulting in the violation of EU IIAs. Normative conflicts can and ought to be minimized.Among the challenging legal questions which the new competence of the European Union (EU) in the field of investments abroad raises, one deserves particular attention, namely coherence between the protection of investments and the promotion of human rights and democracy within EU law. After examining general EU policy, the paper then examines the normative and procedural relationship between investment law and human rights law that emerges from arbitral case law. While areas of convergence exist, these two regimes appear to operate within a legal framework of mutual indifference. However, human rights law and related concerns represent both general principles of EU law and EU policy of paramount importance in the development of external relations. As a result, EU institutions must ensure the coherence of investment policy with human rights law and policy. The issue of coherence may be viewed from a policy perspective, with particular regard to the specific powers entrusted to the Commission, the Parliament and the Council of Europe and the current exercise of such powers. In this regard, the more the standards of investors’ protection under investment agreements are premised on clear definitions, exceptions and limitations, the more the adoption of State measures for the protection of human rights will fall within the circumstances precluding wrongfulness. In addition, the coherence issue has a normative component which concerns the compatibility of future EU International Investment Agreements (IIAs) with primary and secondary EU law. Conflicts between future EU IIAs and EU law may undermine the uniform application of EU law. Similarly, these conflicts may lead the assertion of the supremacy of EU law resulting in the violation of EU IIAs. Normative conflicts can and ought to be minimized.Among the challenging legal questions which the new competence of the European Union (EU) in the field of investments abroad raises, one deserves particular attention, namely coherence between the protection of investments and the promotion of human rights and democracy within EU law. After examining general EU policy, the paper then examines the normative and procedural relationship between investment law and human rights law that emerges from arbitral case law. While areas of convergence exist, these two regimes appear to operate within a legal framework of mutual indifference. However, human rights law and related concerns represent both general principles of EU law and EU policy of paramount importance in the development of external relations. As a result, EU institutions must ensure the coherence of investment policy with human rights law and policy. The issue of coherence may be viewed from a policy perspective, with particular regard to the specific powers entrusted to the Commission, the Parliament and the Council of Europe and the current exercise of such powers. In this regard, the more the standards of investors’ protection under investment agreements are premised on clear definitions, exceptions and limitations, the more the adoption of State measures for the protection of human rights will fall within the circumstances precluding wrongfulness. In addition, the coherence issue has a normative component which concerns the compatibility of future EU International Investment Agreements (IIAs) with primary and secondary EU law. Conflicts between future EU IIAs and EU law may undermine the uniform application of EU law. Similarly, these conflicts may lead the assertion of the supremacy of EU law resulting in the violation of EU IIAs. Normative conflicts can and ought to be minimized.

The Oviedo Convention: A European Legal Framework at the Intersection of Human Rights and Health Law

2005 ◽  
Vol 2 (4) ◽  
Author(s):  
Roberto Andorno
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
European Convention ◽  
Political Rights ◽  
General Terms ◽  
Human Rights Treaties ◽  
Protection Of Human Rights ◽  
History Of ◽  
Degrading Treatment ◽  
First Time

AbstractIntroductionThe European Convention on Human Rights and Biomedicine of 1997 (“Oviedo Convention“) is the best current example of how to promote the protection of human rights in the biomedical field at a transnational level. The importance of this instrument lies in the fact that it is the first comprehensive multilateral treaty addressing biomedical human rights issues. Certainly, some of the principles it contains were already included in more general terms in previous international human rights treaties, such as the International Covenant on Civil and Political Rights of 1966 and the European Convention on Human Rights of 1950 (e.g. the rights to life, to physical integrity and to privacy, the prohibition of inhuman or degrading treatment and of any form of discrimination). However, this is the first time that these rights have been developed and assembled in one single multilateral binding instrument entirely devoted to biomedical issues.The purpose of this paper is, first, to give an overview of the history of the Convention; second, to present its general characteristics; and finally to summarize its key provisions.

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