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.

scholarly journals PRINCIPLES OF POLICE ACTIVITY: ESSENCE AND FEATURES

2021 ◽  
Vol 1 (1) ◽  
pp. 19-25
Author(s):  
Liudmyla Nikolenko ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Public Relations ◽  
International Law ◽  
Skin Color ◽  
The Rule Of Law ◽  
The Law ◽  
Definition Of ◽  
National Police ◽  
Police Activity

This article is devoted to the study of the principles of the police of Ukraine. The principles of police activity defined in the Law of Ukraine "On the National Police" are considered and analyzed, namely: the rule of law, respect for human rights and freedoms, legality, political neutrality, interaction with the population on the basis of partnership, continuity. It is noted that since Ukraine has announced a course for integration into the European Community and approximation of the Ukrainian legal system to European and world standards, the introduction of Ukrainian legislation and principles that have existed for some time in international law is one of the important steps towards this goal. It is proved that the definition of principles at the level of law indicates that they must be harmonized with existing social values, and the conceptual basis of the modern police paradigm should be the unconditional recognition of the primacy of human and civil rights and freedoms in public relations. on the basis of partnership should be considered as the main: first, to restore public respect for the police, secondly, the level of interaction affects the effectiveness of police functions, and thirdly, the level of trust can be concluded on the effectiveness of policing in general. The development and consolidation of ethical principles is important, which is justified by the peculiarities of policing. It is proposed to supplement the system of principles of police activity with the principles of tolerance and inadmissibility of discrimination. The police must respect and protect human rights and freedoms regardless of race, language, skin color, gender, age and other beliefs and characteristics. In order to improve the activities of the police, amendments to the list of principles defined in the Law of Ukraine "On the National Police" are proposed.

scholarly journals Anti-Corruption Policy, the Constitution, and Human Rights in Poland

2020 ◽  
Author(s):  
Valentina Rudenko ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Science Research ◽  
Legal Regulation ◽  
Political Environment ◽  
The Rule Of Law ◽  
Democratic State ◽  
Historical Comparative ◽  
The Relationship

The aim of the article is to investigate the relationship between the anti-corruption policy and the implementation of human rights in Poland. The following basic legal and political science research methods were used: axiological- normative, systematic, historical, comparative, institutional, structural-functional, formal-juridical methods. The article analyses the socio-political environment in which an anti-corruption policy in Poland was formed and the strategies for its implementation. Significant institutional changes of the system of anti-corruption agencies and legal regulation of anti-corruption activities of governmental authorities were addressed. The role of social supervision in the field of corruption control in Poland was analysed. Polish anti-corruption policy peculiarities were highlighted, which increase the risk of violations and the disproportionate restriction of human rights. Particular attention was paid to the analysis of the scope of competencies and credentials of the Central Anti-Corruption Bureau, and its place in the system of anti-corruption agencies. Based on the analysis of anti-corruption policy in Poland, it was concluded that human rights are one of the most important criteria for the success and effectiveness of anti-corruption policy implementation. The issue of balance between anti-corruption policy and human rights implementation in modern democratic states shall be solved via a system-based approach within the framework of constitutional principles of democratic states, namely: the rule of law, human dignity as a basic value of a democratic state, respect for human rights and the admissibility of their restriction only within the limits and forms permitted by the Constitution, the principle of separation and balance of powers, the supremacy of people.

scholarly journals RELEVANSI HAM DALAM PERSPEKTIF HUKUM DI INDONESIA

2021 ◽  
Vol 8 (1) ◽  
pp. 40-48
Author(s):  
Rizkyana Tri Nandini ◽  
Anita Trisiana ◽  
Dina Yeti Utami
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Human Rights Law ◽  
The Rule Of Law ◽  
Show Evidence ◽  
Descriptive Approach ◽  
The Law ◽  
The Relationship

ABSTRAKHak Asasi Manusia adalah suatu hak fundemental  yang dimiliki manusia yang merekat pada seseorang dari lahir, HAM tersebut juga tidak dapat dirampas dan dicabut keberadaannya selain itu untuk kehormatan, HAM juga harus dihargai, dipelihara, dan dijaga oleh negara, hukum, pemerintah dan semua orang. Hubungan antara HAM dan negara hukum sangat erat dan saling berhubungan serta tidak dapat dipisahkan karena suatu hukum berfungsi untuk melindungi hak asasi manusia itu, selain itu semua perilaku manusia disuatu negara selalu berdasarkan hukum. Semua hak terikat oleh hukum dan ada bukti bahwa hukum yang mengikatnya. Sebagai warga negara kita harus mengetahui pentingnya hubungan HAM dengan hukum yang mengatur agar dapat terhindar dari pelanggaran HAM. Metode yang diterapkan yaitu metode penelitian kualitatif dengan pendekatan deskriptif. Hasil dari penelitian ini menunjukan bukti bahwa hukum sangat berpengaruh dan penting dalam penegakan HAM, hal ini karena hukum sebagai penunjang dan mengikat setiap orang serta memberikan sanksi bagi yang melanggarnya, sehingga adanya hubungan antara rule of law dengan HAM sangat jelas. Setiap individu membutuhkan hak asasinya dengan adanya kepastian hukum. Di dalam hukum terhadapat pengaturan tentang hak, dan dalam hak manusia tertulis perlindungan hukumnya. Jadi hubungan keduannya berhubungan satu sama lain dan saling melengkapi. Untuk itu, kita harus memahami relevansi HAM dan hukum agar kita juga dapat terhindar dari pelanggaran HAM.Kata Kunci : Hak Asasi Manusia, Hukum, IndonesiaABSTRACTHuman rights are fundamental rights that are owned by humans which are inherent in someone from birth. Human rights cannot be deprived and deprived of their existence. Besides that, for honor, human rights must also be respected, maintained and guarded by the state, law, government and everyone The relationship between human rights and the rule of law is very close and interconnected and cannot be separated because a law functions to protect human rights, besides that all human behavior in a country is always based on law. All rights are bound by law and there is evidence that the law is binding. As citizens, we must know the importance of the relationship between human rights and laws that regulate human rights violations to be avoided. The method applied is a qualitative research method with a descriptive approach. The results of this study show evidence that law is very influential and important in upholding human rights, this is because the law supports and binds everyone and imposes sanctions for those who break it, so that the relationship between rule of law and human rights is very clear. Every individual needs their basic rights with legal certainty. In the law there are regulations regarding rights, and in human rights written legal protection. So the relationship between the two is related to each other and complementary. For that, we must understand the relevance of human rights and the law so that we can also avoid human rights violations.Keywords: Human Rights, Law, Indonesia

scholarly journals The Principle of Prohibition of the Retroactive Effect of Law: Implementation Peculiarities and Development Tendencies

2020 ◽  
Vol 10 ◽  
pp. 7-13
Author(s):  
Irina A. Aleshkova ◽  
◽  
Anastasia S. Stalnova ◽  
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Legal Regulation ◽  
The State ◽  
The Rule Of Law ◽  
Retroactive Effect ◽  
The Law ◽  
The Relationship

The article is devoted to the comprehension, disclosure and description of the principle of prohibition of retroactivity of the law “Lex ad praeteriam non valet” in a systemic relationship with a number of principles of the rule of law. The authors note the relationship between the principle of prohibition of retroactive force of law and the principles of the rule of law and maintaining citizens’ confidence in the law and actions of the state, as well as such trends in its development as substantive stability and liberalization in law enforcement based on the sphere of legal regulation.

In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights

ICL Journal ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 43-69
Author(s):  
Eszter Polgári
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Working Definition ◽  
European Court ◽  
Structured Analysis ◽  
Definition Of ◽  
Grand Chamber

AbstractThe present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals On the rule of law and the quality of the law: reflections of the constitutional-turned-international judge

2019 ◽  
pp. 131
Author(s):  
Egidijus Küris
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
European Convention ◽  
Constitutional Court ◽  
Legal Tradition ◽  
The Rule Of Law ◽  
Derechos Humanos ◽  
European Court ◽  
The Law

Western legal tradition gave the birth to the concept of the rule of law. Legal theory and constitutional justice significantly contributed to the crystallisation of its standards and to moving into the direction of the common concept of the rule of law. The European Court of Human Rights uses this concept as an interpretative tool, the extension of which is the quality of the law doctrine, which encompasses concrete requirements for the law under examination in this Court, such as prospectivity of law, its foreseeability, clarity etc. The author of the article, former judge of the Lithuanian Constitutional Court and currently the judge of the European Court of Human Rights, examines how the latter court has gradually intensified (not always consistently) its reliance on the rule of law as a general principle, inherent in all the Articles of the European Convention on Human Rights, to the extent that in some of its judgments it concentrates not anymore on the factual situation of an individual applicant, but, first and foremost, on the examination of the quality of the law. The trend is that, having found the quality of the applicable law to be insufficient, the Court considers that the mere existence of contested legislation amounts to an unjustifiable interference into a respective right and finds a violation of respective provisions of the Convention. This is an indication of the Court’s progressing self-approximation to constitutional courts, which are called to exercise abstract norm-control.La tradición occidental alumbró la noción del Estado de Derecho. La teoría del Derecho y la Justicia Constitucional han contribuido decisivamente a la cristalización de sus estándares, ayudando a conformar un acervo común en torno al mismo. El Tribunal Europeo de Derechos Humanos emplea la noción de Estado de Derecho como una herramienta interpretativa, fundamentalmente centrada en la doctrina de la calidad de la ley, que implica requisitos concretos que exige el Tribunal tales como la claridad, la previsibilidad, y la certeza en la redacción y aplicación de la norma. El autor, en la actualidad Juez del Tribunal Europeo de Derechos Humanos y anterior Magistrado del Tribunal Constitucional de Lituania, examina cómo el primero ha intensificado gradualmente (no siempre de forma igual de consistente) su confianza en el Estado de Derecho como principio general, inherente a todos los preceptos que forman el Convenio Europeo de Derechos Humanos, hasta el punto de que en algunas de sus resoluciones se concentra no tanto en la situación de hecho del demandante individual sino, sobre todo y ante todo, en el examen de esa calidad de la ley. La tendencia del Tribunal es a considerar que, si observa que la ley no goza de calidad suficiente, la mera existencia de la legislación discutida supone una interferencia injustificable dentro del derecho en cuestión y declara la violación del precepto correspondiente del Convenio. Esto implica el acercamiento progresivo del Tribunal Europeo de Derechos Humanos a los Tribunales Constitucionales, quienes tienen encargado el control en abstracto de la norma legal.

scholarly journals The redirection of attacks by defending forces

2021 ◽  
pp. 1-18
Author(s):  
Tsvetelina van Benthem
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Prima Facie ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Definition Of ◽  
The Relationship

Abstract This article examines the redirection of incoming missiles when employed by defending forces to whom obligations to take precautions against the effects of attacks apply. The analysis proceeds in four steps. In the first step, the possibility of redirection is examined from an empirical standpoint. Step two defines the contours of the obligation to take precautions against the effects of attacks. Step three considers one variant of redirection, where a missile is redirected back towards the adversary. It is argued that such acts of redirection would fulfil the definition of attack under the law of armed conflict, and that prima facie conflicts of obligations could be avoided through interpretation of the feasibility standard embedded in the obligation to take precautions against the effects of attacks. Finally, step four analyzes acts of redirection against persons under the control of the redirecting State. Analyzing this scenario calls for an inquiry into the relationship between the relevant obligations under international humanitarian law and human rights law.

scholarly journals Correlation of Law and Order in Society

2020 ◽  
Vol 37 (64) ◽  
pp. 53-61
Author(s):  
Gabdrakhman H. Valiev ◽  
Sergey V. Kondratyuk ◽  
Natalia A. Prodanova ◽  
Irina A. Babalikova ◽  
Kermen I. Makaeva ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Modern Society ◽  
Legal Regulation ◽  
Law And Order ◽  
The Rule Of Law ◽  
Human Rights Organizations ◽  
Relationship Of ◽  
The Relationship ◽  
Concrete Reality

The problem of the relationship of law and order is relevant to any modern society. The article tries to analyze this relationship, taking into account judicial, police and other activities. The named concepts are closely interconnected, but are not identical. They are correlated as cause and effect: there is a rule of law, there is no rule of law. One suggests the other. The rule of law as concrete reality logically precedes the rule of law as a doctrine, the connection here is hard, causal. The process is one. Law and order: a real indicator of the state of legality, reflects the degree of compliance with the laws, the requirements of all legal regulations. It is concluded that the rule of law is the end result of the implementation of legal requirements and, at the same time, the objective of legal regulation, since it is for the formation and maintenance of the rule of law that laws are issued, thus like other regulatory legal acts, various institutions and bodies and, above all, the justice system, the control system, various human rights organizations and social movements.

Establishing the Rule of Law in Weak and War-torn States: Evidence from a Field Experiment with the Liberian National Police

2019 ◽  
Vol 113 (3) ◽  
pp. 641-657 ◽  
Author(s):  
ROBERT A. BLAIR ◽  
SABRINA M. KARIM ◽  
BENJAMIN S. MORSE
Keyword(s):  
Domestic Violence ◽  
Rural Communities ◽  
Field Experiment ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Police Officers ◽  
Experimental Evaluation ◽  
The Rule Of Law ◽  
Post Conflict ◽  
National Police

How to restore citizens’ trust and cooperation with the police in the wake of civil war? We report results from an experimental evaluation of the Liberian National Police’s (LNP) “Confidence Patrols” program, which deployed teams of newly retrained, better-equipped police officers on recurring patrols to rural communities across three Liberian counties over a period of 14 months. We find that the program increased knowledge of the police and Liberian law, enhanced security of property rights, and reduced the incidence of some types of crime, notably simple assault and domestic violence. The program did not, however, improve trust in the police, courts, or government more generally. We also observe higher rates of crime reporting in treatment communities, concentrated almost entirely among those who were disadvantaged under prevailing customary mechanisms of dispute resolution. We consider implications of these findings for post-conflict policing in Liberia and weak and war-torn states more generally.

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