scholarly journals Principles оf Regulatory Activity of Bodies State Authority

2021 ◽  
Vol 7 ◽  
pp. 52-60
Author(s):  
Zoya Pogorelova
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Rule Of Law ◽  
Fundamental Principle ◽  
Legal Regulation ◽  
Scientific Validity ◽  
Public Authorities ◽  
The Rule Of Law ◽  
The Government ◽  
Rule Making

The article, based on clarifying the content of related concepts of law-making, considers the principles of the rule-making activity as the power activity of public authorities. Such principles include the principles of humanism, democracy, the rule of law, human rights, and scientific validity of rule-making decisions, which necessitates the professionalism of rule-making activities, planning, systematics, complexity, timely revision and updating of legislation, and transparency. The content of these principles is revealed, their ranking is carried out, their importance for legal science and practice is emphasized, and the positions of scientists concerning their optimal list and characteristics are analyzed. In particular, attention is drawn to the fact that the principle of humanism is reflected in the fundamental values that underlie the constitutional order, the basis of the current law and human rights enshrined in the Constitution and laws of Ukraine: human dignity, the right to self-realization, justice and freedom, non-discrimination and equality before thelaw, tolerance, responsibility and respect for others. The principle of democracy, as a fundamental principle of rule-making, legitimizes the subjects of rule-making and creates a basis for their legal activities. The rule of law is also a fundamental principle of rule-making (including its components such as the principle of direct effect of the Constitution of Ukraine, the rule of the Constitution as the Basic Law, the principle of legality, legal certainty, the equality before the law and non-discrimination, and proportionality). It is emphasized that the principle of scientific validity of rule-making decisions necessitates professionalism of rule-making activities, and ensuring a high professional level of rule-makers makes it possible to carry out rule-making activities at a high scientific level, on a planned, systematic, comprehensive basis, the legal regulation of public relations, and the implementation of state functions. Aspects of the principle of publicity of normative activity of the Parliament, the Government, and the President of Ukraine are also analyzed.

scholarly journals CONSTITUTIONALIZATION OF THE INSTITUTE OF THE PEOPLE`S RULE THROUGH THE PRISM OF THE RULE OF LAW IN THE CONDITIONS OF GLOBALIZATION

2020 ◽  
Vol 1 (3) ◽  
pp. 75-93
Author(s):  
A. О. Yanchuk ◽  
N. V. Yefremova
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Rule Of Law ◽  
Main Mechanism ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Fundamental Freedoms ◽  
Literature Culture

The modern researchers are increasingly beginning to address the issue of constitutionalization of public relations, noting that this process is inextricably linked with the activities of constitutional courts, which in one way or another affect the process of constitutionalization of public relations, legal family, national and other features is noted. The issue of constitutional modernization of the institution of democracy in the context of the national ground of awareness of the rule of law through the prism of domestic philosophy, literature, culture, highlights the decisions of the Constitutional Court of Ukraine as the main external form of interpretation of constitutional provisions democracy as a product of the system of state bodies, the actualization of attention to constitutionalism as the main mechanism of this institution. Constitutionalism is seen as a socio-political system that limits the arbitrariness of power and determines the guarantees of human rights and fundamental freedoms. In the narrow sense, constitutionalism is embodied in the activities of constitutional justice bodies to verify the legal acts of public authorities for their constitutionality. It is such properties of constitutionalism as the restriction of arbitrariness, the definition of guarantees of human rights and fundamental freedoms through the Constitutional Court of Ukraine's review of legal acts of the authorities for their constitutionality allows to include constitutionalism in the main mechanism of building democracy in Ukraine, ensuring its forms and mechanisms. Proved matched constitutionalism as a phenomenon and as a process konstytutsionalizatsiya a priority mechanism construction in Ukraine democracy that is provided, including verification of the Constitutional Court of Ukraine acts of the authorities for their compliance with the general postulates of the rule of law.

scholarly journals The Rule of Law in the Middle East and the Islamic World

2001 ◽  
Vol 18 (4) ◽  
pp. 167-171
Author(s):  
Mohammad Fadel
Keyword(s):  
Human Rights ◽  
Middle East ◽  
Rule Of Law ◽  
Average Length ◽  
The United States ◽  
Constitutional Court ◽  
Critical Perspective ◽  
The Rule Of Law ◽  
Varying Length ◽  
The Government

This work grew out of a series of lectures that were delivered over atwo-year period between 1996 and 1998 at the Centre of Islamic andMiddle Eastern Law (CIMEL) at the School of Oriental and AfricanStudies (SOAS), University of London, on the genera] subject of the rule oflaw in the Middle East and Islamic countries. Subsequently, materials wereadded dealing particularly with issues relating to human rights law. Thecontributors to this work are a combination of legal academics, human rights activists, lawyers and judges, who hale from various countries in theArab world, Iran, the United States, Great Britain and Germany.There are a total of fourteen separate chapters, of varying length andquality. The book is not lengthy - including notes and authors’ biographies,it is 180 pages long. The average length of each chapter is between ten andfifteen pages. Despite the diversity of countries surveyed, all the essays areconcerned with generic questions regarding the rule of law, whether in atheoretical sense, viz., whether the notion that legitimate governmentalaction is limited to those acts that are deemed lawful by a pre-existing setor rules, or in a practical sense, viz., assuming that the formal legal regimeof a given state recognizes the rule of law in a theoretical sense, whetherthe coercive apparatus of the state in fact recognizes legal limitations onits conduct.Perhaps the most interesting (it is certainly the most lengthy, at 35 pages),and most important, essay in this work is the very fiit one, authored byAdel Omar Sherif, an Egyptian judge, wherein the author provides a digestof the landmark decisions of the Egyptian Supreme Constitutional Court.While the work can be criticized for taking on the appearance of a meresurvey of decisions, without taking a critical perspective to the Court’sprecedents, it is nonetheless a very valuable contribution for those lawyersand scholars who cannot read Arabic but nonetheless wish to gain insightinto Egypt’s legal culture. The modest task of relating the decisions ofEgypt’s Supreme Constitutional Court is especially important given thecliches regarding the absence of effective judicial institutions in the Arabworld. Sherifs contribution effectively dispels that myth. His article revealsthe Egyptian Supreme Constitutional Court to be a vibrant institution thattakes its constitutional duties seriously, and discharges those duties withintegrity, and when it finds that the government has acted unlawfully, it willstrike down the offensive legislation, or rule against the government ...

scholarly journals Penerapan Penjatuhan Hukuman Kebiri Kimia Serta Tata Cara Eksekusinya pada Pelaku Kejahatan Pelecehan Seksual terhadap Anak

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 354
Author(s):  
Nashru Nazar Rosyidi ◽  
Oci Senjaya
Keyword(s):  
Human Rights ◽  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Rule Of Law ◽  
District Court ◽  
Chemical Castration ◽  
The Rule Of Law ◽  
Pros And Cons ◽  
The Republic ◽  
The Government

Nowadays, there are more and more crimes of child sexual abuse in Indonesia. Children should be protected by the government in order to become the nation's next generation. In 2019, the Mojokerto District Court sentenced the defendant Aris (20) who was convicted of a crime of sexual abuse against a child and this verdict was the first verdict in Indonesia to impose chemical castration on perpetrators of crimes of sexual abuse against children. This writing uses the juridical-normative method which looks at empirical data as a reference for writing this journal. For some parties, chemical castration punishment is considered effective in punishing perpetrators of crimes of child sexual abuse so that it becomes a frightening thing for other perpetrators of sexual abuse crimes. This is included in the category of the theory of the purpose of punishment in order to create order and order in society. Perppu Number 1 of 2016 is the legal basis for the application of chemical castration punishment. However, there are many pros and cons to castration. One of the things that has created contra is contrary to the ratification of human rights. Considering that Indonesia is a state based on the rule of law, which is obliged to protect human rights guarantees as stated in Article 28 I of the 1945 Constitution of the Republic of Indonesia.

scholarly journals RULE OF LAW AND LEGALITY AS PRINCIPLES OF NATIONAL POLICE ACTIVITY

2021 ◽  
pp. 45-53
Author(s):  
А. Т. Комзюк ◽  
Salmanova O. Yu.
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Police Officers ◽  
Legal Regulation ◽  
General Idea ◽  
The Rule Of Law ◽  
The Law ◽  
Definition Of ◽  
National Police ◽  
The Relationship

The article defines the relationship between the principles of the rule of law and legality and their importance in the activities of the National Police of Ukraine. Indicated, that the principle of the rule of law is enshrined in the Constitution of Ukraine, and in relation to the National Police – also in the Law on it. Attention is drawn to the fact that the definition of the rule of law in the Constitution and the Law of Ukraine «On the National Police» is interpreted differently. Therefore, in a generalized form, the principle of the rule of law is proposed to be interpreted as the idea of the rule of law, which is embodied in the creation of appropriate laws, their proper implementation, prohibition of arbitrariness, human rights, non-discrimination and equality before the law. It was emphasized that it was expedient to define this principle as a general idea in the Law “On the National Police”, as its other components cannot always be fulfilled in the activity of the police. In particular, the authorities and police officers cannot question the compliance of the law with the ideas of social justice, freedom, equality, etc. Nor can they, in the performance of their tasks and functions, be guided by norms of morality, traditions, customs, etc., and not by formally defined norms of law (ie laws). It is in the light of such reservations that it is proposed to define this principle. The police must implement it through certain requirements – legality, prohibition of arbitrariness, respect for human rights, non-discrimination and equality before the law. Therefore, legality is of paramount importance in the activity of the police – the police act exclusively on the basis, within the powers and in the manner determined by the Constitution and laws of Ukraine. In this regard, the proposals to improve the legal regulation of the rule of law and legality as principles of the National Police of Ukraine are substantiated.

ECONOMIC EFFICIENCY OF LEGAL NORMS AND ITS ASSESSMENT THROUGH THE PRISM OF THE RULE OF LAW (ON THE EXAMPLE OF TAX LEGISLATION)

2021 ◽  
Vol 2021 (2) ◽  
pp. 63-74
Author(s):  
Volodymyr USTYMENKO ◽  
◽  
Ruslan DZHABRAILOV ◽  
Keyword(s):  
Public Relations ◽  
Rule Of Law ◽  
Social Relations ◽  
Tax Policy ◽  
Legal Regulation ◽  
The State ◽  
Project Work ◽  
Economic Science ◽  
Economic Criterion ◽  
The Rule Of Law

It is noted that an important quality of legal regulation should be the effectiveness of the method and means chosen by the state to promote the achievement of the planned socio-economic result. Despite the fact that some principles of normative project work have been covered at the legislative level (in particular, on the example of legislation in the field of regulatory policy), the practice of adopting normative legal acts the effectiveness of which remains questionable continues. One of the reasons for this state of legal regulation of social relations is the improper consideration, and sometimes conscious disregard for theoretical and applied constructions that have been substantiated within the framework of legal and economic science. As a result, this leads to the establishment of an unjust order in a certain area of public relations, which threatens the further sustainable development of the state. In view of this, attention is focused on the defects of the implementation of legal principles, especially the principle of the rule of law, in the field of legal regulation of economic relations, which leads to the imaginary effectiveness of the relevant legal acts. It is proved that the effectiveness of legal regulation of public relations will be evidenced not only by the rate of achievement of the expected result at the expense of the minimum necessary resources of economic entities, citizens and the state (i.e. the economic criterion), but also the degree of compliance with the rule of law, which will allow to talk about promoting the adoption by a legal act of the ideology of justice. Based on the analysis of some examples of legislative practice in the field of taxation, it is established that the adoption of regulations contrary to the rule of law has led to the direction of tax policy to achieve socio-economic results that contradict the principles of tax policy as a type of economic policyand principles of social policy of the state in terms of income redistribution set out in strategic documents.

Rules for serving administrative arrest: analysis of proposals to modern legislation

2021 ◽  
pp. 182-187
Author(s):  
M. Spivak
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Social Orientation ◽  
Detention Facility ◽  
The Rule Of Law ◽  
Facility Placement ◽  
Administrative Penalty ◽  
The Given

The analysis of the legislation on the application of administrative arrest was carried out. It is established that the position of the legislator comes down to the fact that administrative arrest is the most severe measure of administrative penalty, which is applied in exceptional cases. Appointed only by a court decision (judge) if, in the circumstances of the case, taking into account the identity of the offender, the judge concludes that the application of other types of penalties will be insufficient. The uniqueness of administrative arrest is manifested in the fact that it is established for committing administrative offenses with a special anti-social orientation. The statistics of application of administrative arrest by types of administrative offenses and also number of persons on whom the given penalty is imposed on regions of Ukraine are resulted. It is emphasized that in practice administrative arrest as a type of penalty is used very rarely, in some cases its application is complicated by the procedure of its imposition. Attention is focused on certain provisions of the Draft Law “On the rules of administrative arrest” on the introduction of the principles of administrative arrest; features of the legal status of arrested persons; the procedure for placing a person in a temporary detention facility; placement of persons subject to administrative arrest; rights and responsibilities of arrested persons. The expediency of amendments to the Code of Ukraine on Administrative Offenses is analyzed. In particular, parts two of Article 32 (Administrative arrest), parts one of Article 294 (Entry into force of a judge’s decision on an administrative offense and revision of the decision), Article 326 (Execution of a decision on administrative arrest and detention on guard duty). As well as additions to the Code by Article’s 326–1 (Petition for the imposition of the pretext and its consideration), 326–2 (Execution of the decision on the exercise of the pretext) and 328–1 (Petition for suspension of the term of administrative arrest and its consideration). The author of the article proposes to amend paragraph 2 of Article 6 of the Draft Law “On the Rules of Administrative Arrest”. Thus, adhere to the principle of non-discrimination enshrined in art. 3 of the draft law. According to the author, it would be logical, if there is an established procedure, to establish liability for violation of the rules and conditions of administrative arrest in the form of a separate provision to the Code of Ukraine on Administrative Offenses. The general conclusion is that the adoption of the Laws “On Rules of Administrative Arrest” and “On Amendments to the Code of Ukraine on Administrative Offenses in connection with the adoption of the Law of Ukraine “On Rules of Administrative Arrest”” will improve the legal regulation of application and administrative arrest, as a type of administrative penalty, to address a number of issues that exist in this area, which will ultimately contribute to the rule of law and respect for human rights in the application of the penalty.

The problem of non-implementation of judgements of the European Court of Human Rights in Ukraine in the context of the rule of law (methodological and comparanive aspects)

2021 ◽  
Vol 28 (2) ◽  
pp. 17-24
Author(s):  
Oleksandr V. Petryshyn ◽  
Oleh O. Petryshyn ◽  
Oleh S. Hyliaka
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Damage Control ◽  
Depth Resolution ◽  
Legal Regulation ◽  
Decision Makers ◽  
The Rule Of Law ◽  
European Court ◽  
International Obligations ◽  
Key Aspects

The article is devoted to the problem of non-implementation of the decisions of the ECtHR in Ukraine in the context of the rule of law. The relevance of the subject matter is substantiated by the critical situation regarding Ukraine's compliance with its international obligations. The objective of the study is to develop a set of principles and policies to be implemented in Ukraine to strengthen the rule of law (as a fundamental democratic institute), as an essential factor for ensuring human rights in the context of re-establishing a proper international cooperation with the key European institution in the field of human rights. According to the analysis of the degree of coverage of the issue, the existing papers on the mentioned problem are rather described by point-by-point recommendations aimed at “damage control”, rather than at an in-depth resolution of the situation. The methodological basis of the research consists of the complex of general and special research methods, while philosophical methods were used to ensure the understanding of the essence, characteristics, and features of the phenomena under study. The research resulted in the development of a set of theses that demonstrate the depth of the problem under study that manifests through untimely and inconsistent normative-legal regulation, lack of tangible means of protection of human rights in Ukraine, inappropriate approach to the adoption and execution of international obligations. The authors argue in favour of the need to ensure three key aspects of the implementation of the rule of law – guaranteeing consistency of state policies and actions of officials; the formation of a stable system of administrative management; accountability, and responsibility of decision-makers. The practical relevance of the study is manifested through a set of recommendations, including the creation of a system to assess the effectiveness of reforms in terms of the rule of law; the formation of a mechanism for implementing the responsibility of decision-makers; the revision of procedures for the adoption of legal acts; the need to restart and complete the reform of the justice system, to involve NGOs in the processes of forming such; to create rules of cooperation between the state and the elites

20. Human Rights IV: The Human Rights Act 1998

2018 ◽  
Author(s):  
Ian Loveland
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Conservative Party ◽  
New Labour ◽  
The Rule Of Law ◽  
The Core ◽  
Parliamentary Sovereignty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Government

This chapter discusses the main provisions of the Human Rights Act 1998 (HRA) and considers its implications for the understandings attached to the core constitutional principles of parliamentary sovereignty, the rule of law, and the separation of power. It argues that the Blair government’s rapid and determined efforts to convince Parliament to pass the HRA demonstrates that members of the first New Labour administration did not share the simplistic view of democracy embraced by the Conservative Party during the judicial supremacism episode. The 1998 Act may be criticised on the basis that it transfers a dangerous amount of political power from the government to the judges, but the sentiments evinced by many Conservative MPs on this issue had little to commend them from a constitutional perspective.

scholarly journals Does Indonesian COVID-19 Emergency Law Secure Rule of Law and Human Rights?

2020 ◽  
Vol 4 (1) ◽  
pp. 306
Author(s):  
Herlambang Perdana Wiratraman
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Freedom Of Expression ◽  
Civil Liberties ◽  
Legal Protection ◽  
Emergency Situation ◽  
Human Rights Law ◽  
The Rule Of Law ◽  
New Development ◽  
The Government

President Joko Widodo announced a public health emergency at the end of March 2020. This policy demonstrates denial, too late and limited in responding to the spread of Covid-19. On the other hand, the state security approach during the pandemic has pressured civil liberties, especially criticisms against government policies. This phenomenon is not a new development in Indonesia whereby attacks on freedom of expression and academic freedom are common. This article analyses how the COVID-19 health emergency situation is handled by the government from the perspective of human rights law standards and the rule of law. This article argues the Indonesian COVID-19 emergency law violates many guarantees of legal protection under the rule of law standard. It is apparent how the issue of human rights has not yet become an effective strategy or approach in this non-natural disaster emergency situation.

scholarly journals Legal Protection of Patients Participants of Health Social Guarantee in Human Rights Perspective

2020 ◽  
Vol 7 (10) ◽  
pp. 165
Author(s):  
Agustin Widjiastuti ◽  
Made Warka ◽  
Slamet Suhartono ◽  
Hufron Hufron
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Human Person ◽  
Legal Protection ◽  
Core Material ◽  
The Rule Of Law ◽  
The Core ◽  
State Constitution ◽  
The Government ◽  
The Right

The rule of law through the government must provide public services for its people.  In the conception of the welfare law state, every citizen/every person has the right to obtain good services and obtain legal protection from arbitrary actions by the authorities. Based on Article 1 number 1 of Law Number 39 of 1999 concerning Human Rights, human rights are rights inherent in every human person that must be protected so that human rights are always the core material of a modern state constitution. Legal steps for patients participating in the Health Social Security Administering Body in the perspective of legal protection.

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