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

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”.

Author(s):  
Lyudmyla Bogachova ◽  

The article defines the concept of the principle of the rule of law both in the narrow and broad sense. In the narrow sense, the principle of the rule of law is understood as the rule of law over legislation, and in the broad sense - as the rule of law over the state, state arbitrariness. Different approaches to disclosing the content of the principle of the rule of law in national and European legal doctrines are systematized. The lack of a single generally accepted concept of the principle of "rule of law" is emphasized. The decisions of the European Court of Human Rights are analyzed; attention is focused on their interpretation of the rule of law. The realization of the principle of the rule of law, primarily presupposes the domination of inalienable and inviolable human rights and freedoms over the political power of the state, and also requires quality laws and observance of the principle of legal certainty. The interpretation of the principle of the rule of law in the decisions of the Constitutional Court of Ukraine is considered. The CCU emphasizes that the rule of law is first and foremost the "rule of law in society"; characterizes the principle, linking it to the ideas of social justice, freedom and equality, without which it is impossible to imagine true human development and existence. The Constitutional Court calls justice as one of the basic principles of law, which is crucial in defining it as a regulator of social relations, one of the universal dimensions of law. Examples of application of the rule of law in the practice of the Supreme Court of Ukraine are given. Judges not only make a formal reference to the rule of law, but also try to analyze and disclose the content of its constituent elements (requirements) within a specific legal case. The main problems that hinder the effective implementation and realization of the rule of law in judicial practice are identified, namely - the lack of proper regulation and official interpretation; low quality of laws and legislative process; excessive number of conflicting laws; low level of legal awareness and legal culture of Ukrainian society, and early stage of civil society development in Ukraine. It is concluded that the rule of law is a principle whose main content is expressed in the following aspects: ensuring the rule of law over political power; subordination of state institutions to the needs of human rights protection and ensuring their implementation; priority of these rights over all other values of democratic, social, and legal state; preventing the manifestation of arbitrariness of state power, as well as ensuring compliance with the requirements of justice.


Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev

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


2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.


2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Sergey D. Andreev ◽  
Emma V. Bitsieva ◽  
Olga V. Lepeshkina ◽  
Dmitry M. Polonsky ◽  
Marina S. Savchenko

This paper presents the results of a study devoted to the legal phenomenon of political pluralism as a factor in the development of modern society and the state by the example of classical democratic countries. At the same time, attention is focused on such components of political pluralism as formalization of freedom of speech and assembly; a multi-party system, as well as a mechanism for coordinating the interests of various social groups at the parliamentary level. It was found that the most acceptable is the model operating in the FRG, since it allows people to find a balance between guarantees of political diversity, such as freedom of speech and the right to public events. The interaction between civil society institutions and parliamentarians is especially advisable when making decisions in the domestic and foreign policy of the state.


Author(s):  
К. В. К. В. Захаренко

In our state there are a number of complex problems in the field of information security that require urgent and radical solution. That’s why theoretical, methodological and political research of the problem of information security in Ukraine, which is experiencing a crisis phase of its development, is becoming especially relevant today. In order to develop an effective system of national information security, a detailed study of the experience of the leading countries of the world, which carry out effective information protection of their states and citizens, is necessary. Today there are national information security systems that have really proven their effectiveness and structural and functional perfection. Indeed, the successful development of a democratic state and civil society is possible only if the information resources are properly used and the state policy is implemented, which would ensure a high level of national information security. In the modern world, the basic principles and tools for the formation of effective information protection of the national security space have been developed already. At the same time, Ukraine needs to apply adequately the foreign experience of the most successful countries in this regard, correctly transforming it taking into account national specificity and the unique role of Ukraine in modern geopolitics. As an important indicator of the protection of citizens, society and state, information security is an integral part of national security. Therefore, its determination mainly focuses on preventing harmful effects that may result in various information threats, as well as eliminating and overcoming those effects with the least possible harm to society and humans. In this aspect, the study of not only the philosophical and phenomenological and socio-psychological determinants of information security of citizens, but also political and legal resources and mechanisms of protection of the information space of the state in the conditions of the functioning of the global information society acquires a special significance. А content analysis of the notion «information security» as a form of national security aimed at ensuring human rights and freedoms in relation to free information access, creation and implementation of secure information technologies and protection of the property rights of all participants of information activities, includes consideration of possible diversions in this area, especially at the international level. Today there is a situation of incompleteness of formation and fragmentary filling of the information space content of the country and the legislative base in our society. The efficiency of the information weapon itself has increased too quickly due to the rapid information circulation and the spread of information networks. As a result, mass media forms the «mass» person of our time, in turn this fact displaces traditional direct contacts, by dissociating people and replacing them by computers and television. At the same time it gives rise to apathy, uncritical attitude and indifference, it complicates the adequate orientation, causing the social disorientation. Informative safety has the human measuring. Therefore an important role in opposition to destructive external and internal informative influences is played by education of citizens. Her proper level called to provide the state and civil society. An in fact uneducated population easily is under destructive influence of informative threats of the modern global world. Unfortunately, Ukraine, does not have sufficient resources and technologies for adequate opposition to the external threats. Taking into account it strategy of forming of the national system of informative safety of our state can be only the maximal leveling of destructive influences from the side of external informative threats. To the end it is necessary to carry out democratic reforms Ukraine, generate civil society, to provide functioning of the legal state and increase of political and civil culture of population. At the same time it is necessary to bear reformers in a mind, that global nature of informative society predetermines rapid transformation of external threats in internal, converting them into permanent calls which are opened out within the limits of national in a civilized manner-informative and socio-political space. Besides modern global informative systems, mass medias, network facilities do a limit between external and internal threats almost unnoticeable.


Author(s):  
А. С. Машкіна

Developed economies of individual states are becoming an example and set the pace of development for others. Countries that are now leading the way have brought people to the forefront with their spiritual, human and intellectual qualities. Ukraine has not yet taken this experience and goes in the opposite direction, devaluing all kinds of relations in the state. The purpose of the research is to highlight the state of the organization of interaction of the population with all branches of power in order to understand and identify the steps towards the development of the knowledge economy. The object of research is the social complex of living conditions of the population of Ukraine, as the basis for the formation of value orientations of the knowledge economy. The methods used of the research were the practical side of the built relationship between the population and authorities at all levels. The hypothesis of the research is the idea that everyone should take his worthy place to shift a car called State in the direction of improving the quality of social relations, which will serve to increase the economic component. The statement of basic materials. To date, the state of interaction and communication with government is striking by the depreciation and neglect of moral, ethical and legal standards. The incompetence of the authorities and the high corruption of all structures leads to disruption of relations between all segments of the population. The great anti-social orientation of many laws and reforms does not allow a citizen to develop and realize his potential, as the consciousness of more than half of the population has mastered a single opinion – how to survive. The originality and practical significance of the research. To achieve economic growth and the implementation of large-scale innovation, you need to start with radical changes in the social plane. The proposed steps will improve the relations between the people and the authorities, establish dialogue and restore confidence in the state apparatus. Conclusions of the research. Based on this study, we can understand that we need to radically revise the relations between the population and the authorities and to be guided by common sense when making decisions that can harm another person


Author(s):  
Jennifer N. Fish

This chapter looks at the role of NGOs, global and national unions, and feminist government leaders in the movement to support domestic workers’ global rights. Here, the merger of civil society activism, labor struggles, and government influence reveals how a cross-sectional range of players served in pivotal roles as allies in the determination of policy protections. Relations between domestic workers and the state are analyzed to show the potential for opening up new spaces of worker activism. The discussion of feminist government leaders, or femocrats, reveals how the unexpected alliance of women in positions of power and women in some of the world’s most marginalized positions resulted in a synergy that shook a staid, bureaucratic institution to its core, and enabled its reorientation to more effectively address issues of global human rights.


2020 ◽  
Vol 159 ◽  
pp. 09001
Author(s):  
Zabira Madaliуeva ◽  
Gulmira Kassen ◽  
Nazira Sadykova ◽  
Laura Baimoldina ◽  
Shynar Zakaryanova

The article considers the concept of resources and competences in the context of the transition of universities to a new generation model - “University 4.0.” Based on an analysis of the historical variability of university models, it is justified that resources and competencies act as the main determinants of the 4.0 university model in the modern realities of higher education. The analysis of sources claims that the movement from University 1.0 to University 4.0 increases the level of “transition” of talent and knowledge. In this way, the authors reach to the concept of “resources,” as supra-competent determinants of the growth of the university. Based on the analysis of the global challenges of the modern world, the need to distinguish the spiritual mission of universities as important actors in the development of modern society is justified. Is presented the model of the University of the Fourth Generation, developed by Al-Farabi KazNU.


2019 ◽  
Vol 135 ◽  
pp. 03081 ◽  
Author(s):  
Artur Gudmanian ◽  
Liubov Drotianko ◽  
Sergiy Sydorenko ◽  
Oksana Zhuravliova ◽  
Sergiy Yahodzinskyi

The paper looks at the major technological, sociocultural and linguistic factors that are changing the nature of interpersonal communication in the Information Age, and some manifestations of these changes. Rapid progress of technology, above all, the advent of the Internet, brought about dramatic changes in the modes and parameters of human communication over the recent decades. New types of written communication arose and have firmly established themselves on the global scale – in social networks, chats, blogs, forums and various Internet communities. Having created unprecedented possibilities for connecting with people irrespective of their location, age or social status, innovative technology is at the same time challenging standards of communication ethics and speech culture. Sociocultural transformations in the modern society, democratization of social relations contribute to weakening of speech norms and deterioration of overall speech culture, especially among young people. The increasing role of English as a language of global communication and its reputation of the dominant language of new technology and virtual reality are inevitably influencing speech habits of the Internet users across the globe. The combined work of all these factors results in visible deterioration of speech culture, standardization and simplification of speech, elimination of cultural specificity, tendency to replace expressive language means with emoji, downgrading of style, defying norms of spelling, word use and grammar. Obvious irreversibility of technological progress and the growing share of life people spend online call on specialists from various related fields to continue comprehensive analysis of transformations of speech culture in the modern world with the aim to assess societal risks and work out timely and adequate countermeasures.


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