scholarly journals The Subject and Limits of Penitentiary Supervision of the Prosecutor’s Office

2020 ◽  
pp. 89-97
Author(s):  
Oleg V. Voronin ◽  
Keyword(s):  
Human Rights ◽  
Final Conclusion ◽  
Ministry Of Health ◽  
Health Control ◽  
Security Service ◽  
The Subject ◽  
Internal Affairs ◽  
Public Monitoring ◽  
Detention Facilities ◽  
Departmental Affiliation

Penitentiary supervision of the prosecutor’s office within the framework of supervision over the implementation of laws covers the activities of: federal sectoral executive bodies that exercise penitentiary isolation (their departmental affiliation is different: the RF Federal Penitentiary Service of Russia, the RF Ministry of Internal Affairs of Russia, the Border Service of the RF Federal Security Service, the RF Ministry of Defense, the RF Ministry of Health); control bodies in the system of the above-mentioned bodies and agencies; officials of these bodies and agencies; subjects of public monitoring of the observance of human rights in detention facilities and assistance to persons held in places of detention. Within the framework of a special branch – the prosecutor’s supervision over the execution of laws by administrations of bodies and facilities executing punishments and measures of a coercive nature imposed by the court, and by administrations of places holding detained persons and those in custody – the prosecutor’s supervision, in terms of the circle of persons, covers: activities of administrations of penitentiary bodies and facilities, as well as activities of these bodies and facilities. The final conclusion is the provision that, according to the types of supervised activities, the subject of penitentiary supervision is limited to the activities of these supervised persons based on criminal procedural, criminal and penal legal relations arising in the course of and in connection with the execution of measures of forced isolation.

“The heart above the ruins”: Miriam Waddington’s Poetry, the Spanish Civil War, and Jewish Canadian Literature

1969 ◽  
Vol 26 ◽  
Author(s):  
Emily Robins Sharpe
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Civil War ◽  
Spanish Civil War ◽  
World War ◽  
Canadian Literature ◽  
The Earth ◽  
The Holocaust ◽  
The Subject ◽  
War Consequences

The Jewish Canadian writer Miriam Waddington returned repeatedly to the subject of the Spanish Civil War, searching for hope amid the ruins of Spanish democracy. The conflict, a prelude to World War II, inspired an outpouring of literature and volunteerism. My paper argues for Waddington’s unique poetic perspective, in which she represents the Holocaust as the Spanish Civil War’s outgrowth while highlighting the deeply personal repercussions of the war – consequences for women, for the earth, and for community. Waddington’s poetry connects women’s rights to human rights, Canadian peace to European war, and Jewish persecution to Spanish carnage.

Need of Human Rights as a Better Way of Life

Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 72-83
Author(s):  
Tushar Kadian
Keyword(s):  
Human Rights ◽  
Basic Needs ◽  
Research Paper ◽  
Human Being ◽  
Way Of Life ◽  
Labour Unions ◽  
The People ◽  
The Subject ◽  
Definition Of ◽  
Made In

Actually, basic needs postulates securing of the elementary conditions of existence to every human being. Despite of the practical and theoretical importance of the subject the greatest irony is non- availability of any universal preliminary definition of the concept of basic needs. Moreover, this becomes the reason for unpredictability of various political programmes aiming at providing basic needs to the people. The shift is necessary for development of this or any other conception. No labour reforms could be made in history till labours were treated as objects. Its only after they were started being treating as subjects, labour unions were allowed to represent themselves in strategy formulations that labour reforms could become a reality. The present research paper highlights the basic needs of Human Rights in life.

Stages and methods of legalization of criminal proceeds obtained as a result of economic and tax crimes

2020 ◽  
Vol 2020 (3) ◽  
pp. 148-156
Author(s):  
Pyotr Ivanov
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Economic Security ◽  
Theory And Practice ◽  
Scientific Publications ◽  
The Subject ◽  
Points Of View ◽  
Internal Affairs

In this article, based on the study and analysis of operational-search legislation, scientific publications, law enforcement practice and the criminal situation in the field of legalization, the operationalsearch counteraction to the legalization of income received from the Commission of tax crimes is considered. The paper focuses on the stages (stages) of laundering, the existing points of view on this account, as well as on the methods of illegal withdrawal of funds abroad. The author of the article aimed to develop scientifically based proposals and recommendations for improving the effectiveness of this type of activity by the territorial bodies of internal Affairs and their divisions of economic security and anti-corruption. It is proposed to put forward and work out operational search versions within the subject of study, as well as to develop, taking into account the methods (schemes) used by criminals to launder criminal proceeds and illegally withdraw funds abroad for the purpose of their subsequent legalization, operational search measures to document their criminal actions. In addition, the author recommends constant monitoring of money laundering methods based on operational and investigative practices. The results and key conclusions formulated in this article can be used in the theory and practice of operational investigative activities of internal Affairs bodies to counteract the legalization of income received from tax crimes.

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”.

The Duty of Non-Interference

2017 ◽  
Author(s):  
Paul Behrens
Keyword(s):  
Human Rights ◽  
Diplomatic Relations ◽  
Special Rapporteur ◽  
Legitimate Interests ◽  
Internal Affairs

The duty not to interfere in the internal affairs of the receiving State was not included in the original draft by the ILC’s Special Rapporteur, but was introduced through a later amendment. Given the significance which incidents of (alleged) interference had attained even then, this is a somewhat surprising development. In contemporary diplomatic relations, such charges play an important role and affect a wide variety of fields, ranging from criticism of the receiving State, human rights monitoring, support given to factions in that State, etc. This chapter explores the concept of interference, but it also reflects on legitimate interests on the side of the sending State which may allow (and even compel) a diplomatic agent to take measures which his hosts may consider interference. The chapter also suggests mechanisms, including the employment of proportionality, which are capable of mediating between the interests advanced on both sides of the divide.

Does the Injunction Gap Violate Implementers’ Fair Trial Rights Under the ECHR?

2020 ◽  
Author(s):  
Léon E Dijkman
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
European Convention ◽  
The Past ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Federal Supreme ◽  
Validity Of A Patent

Abstract Germany is one of few jurisdictions with a bifurcated patent system, under which infringement and validity of a patent are established in separate proceedings. Because validity proceedings normally take longer to conclude, it can occur that remedies for infringement are imposed before a decision on the patent’s validity is available. This phenomenon is colloquially known as the ‘injunction gap’ and has been the subject of increasing criticism over the past years. In this article, I examine the injunction gap from the perspective of the right to a fair trial enshrined in Art. 6 of the European Convention on Human Rights. I find that the case law of the European Court of Human Rights interpreting this provision supports criticism of the injunction gap, because imposing infringement remedies with potentially far-reaching consequences before the validity of a patent has been established by a court of law arguably violates defendants’ right to be heard. Such reliance on the patent office’s grant decision is no longer warranted in the light of contemporary invalidation rates. I conclude that the proliferation of the injunction gap should be curbed by an approach to a stay of proceedings which is in line with the test for stays as formulated by Germany’s Federal Supreme Court. Under this test, courts should stay infringement proceedings until the Federal Patent Court or the EPO’s Board of Appeal have ruled on the validity of a patent whenever it is more likely than not that it will be invalidated.

scholarly journals The Law Challenged and the Critique of Identity with Emmanuel Levinas

2021 ◽  
Author(s):  
Susan Petrilli
Keyword(s):  
Human Rights ◽  
Emmanuel Levinas ◽  
Object Relation ◽  
Legal Order ◽  
The Other ◽  
Ethical Orientation ◽  
New Humanism ◽  
Present Essay ◽  
The Face ◽  
The Subject

AbstractIdentity as traditionally conceived in mainstream Western thought is focused on theory, representation, knowledge, subjectivity and is centrally important in the works of Emmanuel Levinas. His critique of Western culture and corresponding notion of identity at its foundations typically raises the question of the other. Alterity in Levinas indicates existence of something on its own account, in itself independently of the subject’s will or consciousness. The objectivity of alterity tells of the impossible evasion of signs from their destiny, which is the other. The implications involved in reading the signs of the other have contributed to reorienting semiotics in the direction of semioethics. In Levinas, the I-other relation is not reducible to abstract cognitive terms, to intellectual synthesis, to the subject-object relation, but rather tells of involvement among singularities whose distinctive feature is alterity, absolute alterity. Humanism of the other is a pivotal concept in Levinas overturning the sense of Western reason. It asserts human duties over human rights. Humanism of alterity privileges encounter with the other, responsibility for the other, over tendencies of the centripetal and egocentric orders that instead exclude the other. Responsibility allows for neither rest nor peace. The “properly human” is given in the capacity for absolute otherness, unlimited responsibility, dialogical intercorporeity among differences non-indifferent to each other, it tells of the condition of vulnerability before the other, exposition to the other. The State and its laws limit responsibility for the other. Levinas signals an essential contradiction between the primordial ethical orientation and the legal order. Justice involves comparing incomparables, comparison among singularities outside identity. Consequently, justice places limitations on responsibility, on unlimited responsibility which at the same time it presupposes as its very condition of possibility. The present essay is structured around the following themes: (1) Premiss; (2) Justice, uniqueness, and love; (3) Sign and language; (4) Dialogue and alterity; (5) Semiotic materiality; (6) Globalization and the trap of identity; (7) Human rights and rights of the other: for a new humanism; (8) Ethics; (9) The World; (10) Outside the subject; (11) Responsibility and Substitution; (12) The face; (13) Fear of the other; (14) Alterity and justice; (15) Justice and proximity; (16) Literary writing; (17) Unjust justice; (18) Caring for the other.

Lachiri v Belgium and Bans on Wearing Islamic Dress in the Courtroom: An Emerging Trend

2019 ◽  
Vol 21 (1) ◽  
pp. 48-53
Author(s):  
Kaushik Paul
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Public Spaces ◽  
Religious Liberty ◽  
Recent Case ◽  
European Convention ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Islamic Dress

In recent years, the wearing of Islamic dress in public spaces and elsewhere has generated widespread controversy all over Europe. The wearing of the hijab and other Islamic veils has been the subject of adjudication before the European Court of Human Rights (ECtHR) on many occasions. The most recent case before the ECtHR as to the prohibition on wearing the hijab is Lachiri v Belgium. In this case, the ECtHR held that a prohibition on wearing the hijab in the courtroom constitutes an infringement of Article 9 of the European Convention on Human Rights (ECHR), which guarantees the right to freedom of religion or belief. From the perspective of religious freedom, the ruling of the Strasbourg Court in Lachiri is very significant for many reasons. The purpose of this comment is critically to analyse the ECtHR's decision in Lachiri from the standpoint of religious liberty.

Toward a New Politics? On the Recent Historiography of Human Rights

2011 ◽  
Vol 21 (1) ◽  
pp. 95-111 ◽  
Author(s):  
DEVIN O. PENDAS
Keyword(s):  
Human Rights ◽  
Historical Inquiry ◽  
Systematic Analysis ◽  
New Politics ◽  
History Of ◽  
The Subject

When the late Kenneth Cmiel undertook the first systematic analysis of the emerging historiography of human rights in 2004, he surveyed a field that was ‘refreshingly inchoate’. In the ensuing seven years, the scholarship on the history of human rights has burgeoned considerably. Yet one might still reasonably characterise the field overall as inchoate. Like any new subfield of historical inquiry, there is a clear lack of consensus among leading historians of human rights about even the most elementary contours of the subject. What are human rights? When and where did they emerge? How and why did they spread (if, indeed, they spread at all)? Who were the crucial agents in this history? Few historians working in the field seem to agree in their answers to any of these questions.

An International Relations Perspective on the Reform Needs of the Human Rights Council

2021 ◽  
Vol 62 (1) ◽  
pp. 43-80
Author(s):  
Wolfgang S. Heinz
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Structure And Dynamics ◽  
Human Rights Council ◽  
Local Actors ◽  
Protection Of Human Rights ◽  
The Subject

Abstract: This article approaches the matter of institutional reform of the United Nations Human Rights Council from an international relations perspective. A well-known tension exists between State representatives acting for their governments in international organisations, but whose decisions are presented as UN policies. The latter should be guided primarily by the UN Charter and public international law. However, in reality, different worldviews and foreign policy considerations play a more significant role. In a comprehensive stock-take, the article looks at four major dimensions of the Council, starting with structure and dynamics and major trends, followed by its country and thematic activities, and the role of key actors. Council reform proposals from both States and civil society are explored. Whilst the intergovernmental body remains the most important authority responsible for the protection of human rights in the international sphere, it has also been the subject of considerable criticism. Although it has made considerable progress towards enlarging its coverage and taking on more challenging human rights crises, among some of its major weaknesses are the election of human rights-unfriendly countries into its ranks, the failure to apply stronger sanctions on large, politically influential countries in the South and North, and lack of influence on human rights crises and chronic human rights problems in certain countries. Whilst various reform proposals have emerged from States and NGOs, other more far reaching propositions are under sometimes difficult negotiations. In the mid- to long-term, the UN human rights machinery can only have a stronger and more lasting impact if support from national/local actors and coalitions in politics and society can be strengthened.

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