scholarly journals Surrogacy in Ukraine: theoretical and applied problem

2021 ◽  
pp. 22-28
Author(s):  
V.S. Blikhar ◽  
I.M. Zharovska ◽  
N.V. Ortynska
Keyword(s):  
Human Rights ◽  
Negative Impact ◽  
Legal Regulation ◽  
Modern Technology ◽  
Fourth Generation ◽  
Modern World ◽  
Surrogate Mother ◽  
Progressive Development ◽  
Native Child ◽  
Research Institute

The article analyzes the Ukrainian experience of carrying out the procedure of surrogacy. The modern world does not stand still constant progress in all spheres of human activity has given rise to a large number of new rights that have entered the fourth generation of human rights. Surrogacy belongs to the newest generation of human rights, despite the fact that it has a long history of its origin and development, which can be traced back to biblical texts, the laws of King Hammurabi and others. The use of another woman’s womb was acceptable for couples who could not conceive their own child. It clearly illustrates the existence of surrogacy, which has more than 3,800 years. The article analyzes the progressive development of modern technology of IVF, which has opened new opportunities for humanity in case of infertility to have biologically native children. The main problems that exist in the research institute, which are related to each participant of the procedure, are highlighted. The analysis of foreign judicial practice is carried out, which allows to form certain conclusions that will have practical application in domestic realities. The legal regulation of surrogacy is considered, the need to change the age requirement for a surrogate mother and the requirements for the presence of a native child for the future surrogate mother are emphasized. Today, this institution is of particular importance to humanity, as there are many cases of infertility among couples who want to have a child and surrogacy becomes the only chance for them to have a biologically native child. The urgency of the outlined topic is intensified due to the fact that Ukraine has become a real center of surrogacy due to the availability of the procedure and loyal legislation, which allows for an altruistic and commercial form of its conduct. However, the low level of regulation of surrogacy has had a negative impact at all stages of the procedure and needs immediate improvement in order to preserve the interests of each participant, but above all, the child born with this method of assisted reproductive technology. The importance of all the issues outlined is also intensified in connection with the coronavirus pandemic, which has brought many problems into the research institute.

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

Cultural Human Rights and the Problems of their Implementation in the Modern World

2019 ◽  
Vol 9 (5) ◽  
pp. 1591
Author(s):  
Aksunkar I. BIRMANOVA ◽  
Galym KOZHAKHMETOV ◽  
Maira Sh. KAKIMOVA
Keyword(s):  
Human Rights ◽  
Action Plan ◽  
Legal Regulation ◽  
Modern World ◽  
International Level ◽  
Legal Analysis ◽  
Effective Mechanism ◽  
Cultural Rights ◽  
The World ◽  
Scientific Substantiation

Modern globalization processes cause the transformation of the substantive aspect of human rights, which requires their scientific substantiation. The article is devoted to the theoretical and methodological analysis of cultural human rights, as well as the problems of their realization in the modern world under the influence of socio-economic, political and spiritual modifications. As a result of the study, the axiological importance of implementation of person’s cultural rights has been proved and the interrelation with other, no less important, human rights has been shown; factors of an objective and subjective nature that impede the protection and realization of cultural human rights are established. The comparative legal analysis of constitutional propositions, national laws and international legal acts in the sphere of recognition and realization of cultural rights made it possible to reveal the reform trends in their legal regulation in the democratic states of the world. Given the lack of a unified doctrinal paradigm of understanding cultural rights, the adoption of a universal strategic international legal act aimed at promoting the realization of cultural human rights in the modern world – the ‘International Action Plan for Developing an Effective Mechanism for the Implementation of Cultural Human Rights in the age of Globalization’ was proposed at the international level.

scholarly journals Specifics of the legal regulation of environmental management in agriculture

2021 ◽  
Vol 273 ◽  
pp. 08027
Author(s):  
Anna Kulikova
Keyword(s):  
Environmental Management ◽  
Natural Resources ◽  
Natural Environment ◽  
Negative Impact ◽  
Legal Regulation ◽  
Modern World ◽  
Environmental Harm ◽  
Agricultural Activities ◽  
Environmental Consequences ◽  
The One

It is difficult to overestimate the importance of agriculture, its effectiveness for the economic and socio-political sector of development of any state in the modern world. However, agriculture relies on the use of natural resources in its activities - land, soil, water, atmospheric air, forests and other vegetation. The quality of these natural components of the natural environment directly affects the functioning and productivity of agricultural organizations. Environmental pollution problems are complex problems of interaction between nature and man. To minimize environmental harm and the occurrence of dangerous environmental consequences, a model of environmental management is needed. For agricultural production environmental management issues are particularly specific since its productivity is directly related, first of all, to the state of the natural environment as consumption resources on the one hand, and the negative impact of agricultural activities on natural resources on the other. In this article the issues of legal regulation of the law of nature use in agricultural activities were investigated, the problems of regulatory support for the rational use of nature in agriculture were identified, and the directions for optimizing the legislative regulation of the use of natural resources for agricultural activities were determined.

scholarly journals Implementation of constitutional human rights and social guarantees of security in the context of digitalization

2021 ◽  
Vol 10 (45) ◽  
pp. 265-271
Author(s):  
Liliia Amelicheva ◽  
Oleksii Martyniuk ◽  
Ihor Pyroha ◽  
Ceyhun Qaracayev ◽  
Volodymyr Myroshnychenko
Keyword(s):  
Human Rights ◽  
Systematic Approach ◽  
Negative Impact ◽  
Legal Regulation ◽  
General Purpose ◽  
Private Life ◽  
Existing Problems ◽  
Technological Advances ◽  
Analysis And Synthesis ◽  
New Strategies

Consideration of existing and development of new strategies for human rights in the context of globalization is a very significant topic, as careless management of technological change can pose a serious threat to human dignity, autonomy, privacy, and human existence in general. Purpose: to analyze the level of constitutional human rights in the context of digitalization, to consider the positive and negative impact of technological advances on private life, to explore ways to protect fundamental human rights in the context of globalization. The following methods of scientific cognition are used: comparison, historical, systematic approach to research, method of analysis, and synthesis. As a result of the conducted research, the scientific idea of the importance of observance of constitutional human rights in the conditions of digitalization is formed. In addition, the study examines the positive and negative impact of technological advances on private life, explore ways to protect fundamental human rights in the context of globalization and identifies mechanisms for using digitization in public administration, analyzes the legal regulation of informatization is interpreted and effective ways of solving the existing problems of ensuring rights and guarantees are proposed.

scholarly journals Human Right to Internet Access in Healthcare in the “Right to Health Concept”: Legal Issues

2021 ◽  
Vol 10 (2) ◽  
pp. 286
Author(s):  
Oleksandr Shevchuk ◽  
Valentyna Zui ◽  
Ivanna Maryniv ◽  
Svitlana Davydenko ◽  
Sergii Mokhonchuk
Keyword(s):  
Human Rights ◽  
Medical Information ◽  
Legal Regulation ◽  
Right To Health ◽  
Healthcare Sector ◽  
Medical Information System ◽  
Fourth Generation ◽  
The Internet ◽  
Human Right ◽  
The Right

This work reveals the features of the administrative and legal regulation of the human right to access the Internet in the “concept of the right to health”. It is emphasized that the basis of the legal regulation of the human right to access the Internet in the "concept of the right to health" should be the recognition of the principles of the priority of human rights and freedoms, adequate state control, ensuring the choice of criteria that make it possible to realize accessibility, anonymity, and minimize the collection and processing of personal data about the patient. The structure of Internet relations in relation to the healthcare sector has been established, their analysis has been carried out, their object has been established. Legal constructions have been formulated: "information", "Internet" in the norms of international and national regulatory legal acts, as well as the terms "e-Health", "electronic cabinet", "electronic medical information system", the author's definition of "the right to access the Internet in the field of health care ". It has been established that the human rights to access the Internet in the “concept of the right to health” should be attributed to the fourth generation of human rights. The concept of "telemedicine" is formulated, their forms are disclosed, the stages of the evolution of legislation are established, and the problems of their legal regulation in the context of human rights are indicated. It is concluded that the consolidation of the right to access the Internet at the level of the Constitution of Ukraine is a necessity.

scholarly journals The role of specialized rules of law in the mechanism of administrative and legal regulation of human rights of the fourth generation

2021 ◽  
pp. 209-213
Author(s):  
S.O. Boldizhar
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Medical Care ◽  
Legal Regulation ◽  
Fourth Generation ◽  
Public Authorities ◽  
Legal Norms ◽  
Characteristic Features ◽  
High Level

he article is devoted to the study of the role of specialized legal norms in the mechanism of administrative and legal regulation of human rights of the fourth generation. The study of specialized rules of law in the context of fourth-generation human rights is not given much attention. It is determined that specialized legal norms in the mechanism of administrative and legal regulation of human rights of the fourth generation occupy a prominent place, because due to their existence reflect its basic elements (principles, tasks, principles), which are fundamental in determining the vectors of administrative and legal regulation of human rights. generation. Among such norms, norms-principles, norms-tasks, norms-principles, conflict norms, operational norms, norms-definitions, norms-terms and norms-presumptions were singled out. It is emphasized that the norms-principles determine the provisions on state priorities, among which one of the main roles is played by health care. Based on this, the state should take the necessary means to maintain a high level of health and improve medical care using special methods. Norms-tasks are aimed at defining specific tasks for public authorities in the field of human rights of the fourth generation. The guidelines define the content and basic principles of legal regulation for the entire health care system during the organization and provision of medical care using special methods. Norms-principles can be narrower when we specify the relevant human rights of the fourth generation. It is emphasized that the conflict rules in this area determine the choice to be made in case of competition of legal norms, and operational rules of law determine the order of validity of other rules until the entry into force of other rules. Emphasis is placed on the fact that among the system-simplifying norms of law in the studied area there are norms-definitions, norms-terms and norms-presumptions. Norms-definitions define basic concepts that are logical and contain the characteristic features of the concept. Deadlines are aimed at defining and calculating deadlines. In the context of transplantation of anatomical materials, presumptive norms play an important role, which determine the assumptions about the consent or disagreement of a person to remove anatomical materials from him after his death for the purposes of transplantation.

scholarly journals On the issue of financing non-governmental human rights organizations: international legal aspect

2021 ◽  
Vol 2 (2) ◽  
pp. 61-66
Author(s):  
Yuliya Lebedieva
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Negative Impact ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Government Contracts ◽  
Financial Status ◽  
Human Rights Organizations ◽  
Conflict Situations

In the article considers some international legal aspects of NGO funding and outlines some problems that arise as a result of the functioning of these organizations and have not yet been resolved. The author notes that despite the significant scientific interest in the functioning and prospects of NGO development, some international legal aspects of their funding have not yet found proper legal consolidation and agreed doctrinal interpretation. In addition, the activities of NGOs provoke a mixed reaction from government agencies and certain segments of society. Therefore, the study of some features of NGO funding as subjects of international human rights activities, the author considers relevant, both in theoretical and practical terms. The author emphasizes that in addition to the negative impact of the established restrictions, there are urgent grounds for its implementation within the relevant legal regulation. One of the reasons for the emergence of mistrust and conflict situations in which NGOs are a party is the insufficient state of settlement of the legal status of the latter. The article states that the financial status of many NGOs is not transparent enough, as a result, some of them compete for government contracts and funds, which creates a risk of losing autonomy and independence, casts doubt on the impartial implementation of their missions.

Human rights in information society in the context of globalization

2021 ◽  
pp. 91-103
Author(s):  
Marina Haustova
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Modern Society ◽  
Legal Regulation ◽  
Modern World ◽  
Main Body ◽  
The World ◽  
New Challenges ◽  
Legal Globalization ◽  
The Impact

Problem setting. The problem of human rights in the context of globalization is complex and requires concerted and effective actions, which should be applied not only at the level of nation states, but also at the global level. Globalization has opened new challenges, related to the implementation, development and transformation of human rights, accelerated their universalization, and set new challenges for the world community. The purpose of the article is to analyze the essence of globalization and the impact of globalization processes in the world on the definition of the essence and approaches to human and civil rights and freedoms, analysis of the legal basis for their consolidation and guarantee. Analysis of resent researches and publications. Today, the interest of scientists to globalization in general and legal globalization has increased significantly. The problem of human rights has a worldwide character, it has been studied by such leading foreign specialists as Z. Baumman, in. Beck, K. Omaye, S. Strahej, E. Toffler, M. Foucault, Y. Habermas, J. Rola, F. Fukuyama, etc. Certain aspects of legal globalization were studied by domestic scientists – O. Petrishin, P. Rabinovich, O. Dashkovskaya, L. Wasechko, I. Zharovskaya, N. Onishchenko, O.Uvarova and others. However, consideration of the problem of human rights transformation requires a solidise analysis and a comprehensive approach. Articles main body. The issues of interaction between globalization and law at the present stage of society development are considered. Particular attention is paid to the analysis of the factors of interaction between globalization changes and human rights in modern society. The following signs of transformation of the institution of rights and freedoms are singled out: change of the content of human rights under the pressure of global problems of the present; emergence and legal development of new human rights and freedoms; universalization and regionalization of human rights; complicating the system of international legal regulation of human rights. It is determined that in the context of globalization processes human rights standards in the sphere of digital technologies and further development of human rights to prohibit discrimination in all spheres of relations, in particular on the grounds of sexual orientation and gender identity, also deserve special attention. Conclusions. Analyzing the different approaches to the legal opportunities of people in the era of globalization, it can be stated that given the diversity of relations of which everyone in the world is a member, international organizations and each country should not dwell on developing and improving the legal framework to guarantee and protect human interests and rights. . But they are obliged to continue the legal policy on the recognition and consolidation of human rights and freedoms that appear in the changing conditions of today in the modern world under the further influence of scientific and technological progress, as well as geopolitical challenges.

scholarly journals Judicial Practice of Protecting Human Rights: Problems of the Rule of Law in a Postmodern Society

2021 ◽  
Vol 12 (1) ◽  
pp. 102-114
Author(s):  
Nadiia Bortnyk ◽  
Iryna Zharovska ◽  
Tetiana Panfilova ◽  
Ivanna Lisna ◽  
Oksana Valetska
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Social Relations ◽  
Modern Society ◽  
The State ◽  
Transitional Period ◽  
Fourth Generation ◽  
Modern World ◽  
Transitional State ◽  
Legal Standards

Human rights issues are present today in almost every area of society and, accordingly, occupy a special place in it. Due to the fact that modern Ukraine is in a transitional state of creating legal, state and public institutions, the process of formation of civil society requires the identification of the nature of legal relations in a transitional period. After all, relations in civil society should be formed on the basis of awareness of the inalienability and non-repudiation of natural human rights. They should be based on the positive legislation of the state. They are the key to the effectiveness of the entire system of social relations. Ensuring human rights is the criterion by which the achieved level of democracy in the state is assessed. The beginning of this process can be called consolidation in the Basic Law of the provision that a person, his life and health, honor and dignity, integrity and security are recognized as the highest social value, and determining the priority of universal values. At the same time, the needs of the present, in fact, directs the development of modern law, is the development of certain general legal standards that allow us to move on to a new qualitative coexistence of nations in the modern world on substantial humanistic principles. In addition to examining the established mechanisms and specifics of protecting everyday human rights, the article examined the new human rights that exist in post-modern society, which today are called the rights of the “fourth generation”.

scholarly journals REVIEW ON THE MONOGRAPH BOLDIZHAR SANDRA ALEXANDROVNA ON THE TOPIC «ADMINISTRATIVE AND LEGAL REGULATION OF HUMAN RIGHTS OF THE FOURTH GENERATION IN THE HEALTH CARE SYSTEM»

2021 ◽  
pp. 326-327
Author(s):  
S.G. Stetsenko
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Legal Regulation ◽  
Moral Rights ◽  
Fourth Generation ◽  
World War ◽  
The Rule Of Law ◽  
National Community ◽  
Human Rights Norms ◽  
The Right

moral rights only because she is a human being. However, it does not follow that the rule of law is aimed at protecting all rights agreed within the international or national community. The foundation of fourth-generation human rights was laid after World War II, when the right to be informed before a medical experiment arose. However, the vast majority of fourth-generation human rights norms were formulated only in the last decades of the twentieth century. In this regard, the study of the administrative and legal regulation of human rights of the fourth generation is important, thanks to which it will be possible to reveal the mechanism of this regulation. The peer-reviewed monograph is devoted to this question. In addition, it meets the requirements of today and is of considerable interest to the scientific community.

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