scholarly journals COLLEGIAL OMBUDSMAN SERVICES: CONSTITUTIONAL LEGAL STATUS

2021 ◽  
Vol 38 (2) ◽  
pp. 49-55
Author(s):  
S.G. Trifonov ◽  
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
The State ◽  
Important Task ◽  
Individual Rights ◽  
Foreign Experience ◽  
Advantages And Disadvantages ◽  
Democratic State ◽  
Sufficient Stability

The article is devoted to the study of the constitutional and legal status and effectiveness of a special type of human rights bodies - collegial (collective) ombudsmen. Since the protection and protection of individual rights is the most important task facing the state bodies of any democratic state, in some of them a model of a collective ombudsman is built into the state and legal reality, which has both undoubted advantages and disadvantages inherent in any collegial body. Based on the analysis of foreign experience, it is established that the collegial ombudsman services have demonstrated sufficient stability in ensuring human rights and proved the necessity of their existence. The collegial form of the ombudsman institution contributes to the development of the main directions of the work of the service and a clear specialization of the ombudsmen, which, in turn, leads to an improvement in the quality of their work.

scholarly journals Interaction of the human-rights ombudsman in the Russian Federation with human rights law enforcement (on the example of the prosecutor’s office and the investigative committee)

2021 ◽  
Vol 118 ◽  
pp. 03023
Author(s):  
Elizaveta Petrovna Demina ◽  
Nikita Vladimirovich Babich
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Civil Rights ◽  
Legal Status ◽  
Law Enforcement Agencies ◽  
Second Stage ◽  
Quality Of Protection ◽  
Democratic State ◽  
Systemic Problems

The purpose of the study is to analyze some systemic problems in the organization and activities of the institution of the Human-Rights Ombudsman in Russia, bodies of the Prosecutor’s Office, the Investigative Committee of Russia, as well as the conditions of interaction between the Human-Rights Ombudsman and law enforcement and human rights bodies. The methodological basis of the study was the use of system-structural and dialectical methods of scientific knowledge. For a more detailed study of the problems, the methods of analysis, synthesis, and generalization were applied. For the study of normative legal regulations, special methods of document analysis in the field of knowledge under study were applied. The result of the study was the conclusion that the protection of human and civil rights and freedoms is an integral part of a developed democratic state governed by the rule of law. The authors believe that in order to improve the quality of protection of human and civil rights and freedoms it is necessary, first, to reform a large number of elements of the state system. Particular attention in all this must be paid, first and foremost, to the organization, activities, and legal status of the institution of the Human-Rights Ombudsman in Russia, as well as the bodies of the Russian Prosecutor’s Office and the Russian Investigative Committee. The second stage should be the creation of optimal conditions for interaction between the Russian Human-Rights Ombudsman and the Russian Prosecutor’s Office, the Russian Investigative Committee, and other law enforcement agencies in order to protect human and civil rights and freedoms. The novelty of the study is in the author’s approach to the consideration of these problems, as well as in the development of appropriate proposals to address them.

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

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.

scholarly journals Stripping Them of Legal Status: The Making and Unmaking of the Exotic Dancer Visa Program

2021 ◽  
Author(s):  
Alise Rimniceanu
Keyword(s):  
Quality Of Life ◽  
Human Rights ◽  
Legal Status ◽  
Migrant Women ◽  
Review Of Literature ◽  
Foreign Born ◽  
Undocumented Workers ◽  
Exotic Dancers ◽  
Exotic Dancer

This paper explores the factors which influenced the making and unmaking of this controversial and internationally unique temporary visa program. Through a review of literature, public documents, and media records I deconstruct this policy; analyze its rationalities, assumptions and mechanisms; and conclude with a discussion on the implications for foreign-born exotic dancers whose lives are marked by Canadian politics turmoil. I argue that the government's decision to discontinue the program has negatively impacted the human rights and quality of life of foreign-born exotic dancers who, quite possibly, made the dangerous transition to the existing group of undocumented workers in Canada. While the Exotic Dancer Visa Program was problematic in many ways these migrant women were protected by legal status, thus decreasing, but not eliminating, their vulnerability as women, as immigrants, and as workers.

scholarly journals Peranan Pendidikan Kewarganegaraan sebagai pilar pendidikan hak asasi manusia

2006 ◽  
Vol 3 (1) ◽  
Author(s):  
Warsono Warsono
Keyword(s):  
Developing Countries ◽  
Human Rights ◽  
Fundamental Problem ◽  
The State ◽  
Human Right ◽  
Civics Education ◽  
The Core ◽  
Democratic State ◽  
Democratic Principle

Human Rights are a fundamental problem in every country. especially in the developing countries such as Indonesia. Even though, the state had given protection of human right for everybody, but in Indonesia there are many breakdowns of it. As a democratic state, Indonesia has to regard human right. It is because the human rights were the core of democratic principle. So, the human rights must be trained in the school for every student. By using this way, everybody can know what their rights and obligations very well Civics education can be a vehicle for this goal, because it's one of lessons that talk about human rights and be learned in all school.

The Search for Human Rights in Tax

2019 ◽  
pp. 115-134
Author(s):  
Allison Christians
Keyword(s):  
Human Rights ◽  
International Community ◽  
The State ◽  
Tax Policies ◽  
Individual Rights ◽  
Policies And Practices

This chapter explores the prospects for bringing legal claims seeking accountability for human rights harms due to tax policies and practices. There are a number of ways in which an individual may raise a claim that their rights have been violated in connection with taxation, each of which generally depends on some recognized relationship between the claimant and the person, entity, or institution being asked to remedy the perceived wrong. Meanwhile, there are at least three distinct kinds of relationships involving the state that could theoretically give rise to human rights claims in respect of tax. These three relationships are those among, first, individuals and their own states; second, individuals and foreign states; and, third, states among themselves as members of the international community. In each case, organizations may be formed to represent the interests of individuals, but at stake in all cases is the protection of individual rights.

Human rights, reciprocal recognition and the state. A durkheimian contribution

Human Affairs ◽  
2019 ◽  
Vol 29 (3) ◽  
pp. 297-310
Author(s):  
Luiz Gustavo Da Cunha De Souza
Keyword(s):  
Human Rights ◽  
The State ◽  
Individual Rights ◽  
Critical Potential ◽  
Theory Of Justice ◽  
Normative Framework ◽  
Positive Individual ◽  
Point Of Departure

Abstract The paper deals with a possible tension within Axel Honneth’s theory of justice as presented in his Freedom’s Right. It takes as its point of departure Georg Lohmann’s objection that Honneth loses sight of the critical potential associated with positive right and tries to discuss it critically both exposing Lohmann’s and Honneth’s position. From the complex of problems identified thereby, the paper moves to a discussion of Émile Durkheim’s theory of State, with which it helps to provide a possible contribution to the discussion between positive, individual rights and the normative framework of social freedom.

scholarly journals State Service in the Prosecutor’s Office in the System of State Service in the Law Enforcement Sphere

2021 ◽  
Vol 15 (1) ◽  
pp. 202-209
Author(s):  
ANDREI V. SMIRNOV
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Legal Status ◽  
The State ◽  
Practical Significance ◽  
Professional Activity ◽  
Federal State ◽  
Law Enforcement Agencies ◽  
State Service ◽  
Moral Principles

Introduction: the paper analyzes current Russian legislation regulating the functioning of the institute of state service. Aim: to study federal legislative acts containing provisions that define the list of state bodies that are classified as law enforcement agencies, and to look into the reasons why the legislator abandons the term “law enforcement service”. Methods: general scientific and special methods, including comparative legal, comprehensive, logical methods, analysis and synthesis. Results: we reveal certain inconsistencies in the regulatory framework that make it difficult to establish common features and specifics of administrative and legal status of such bodies; these inconsistencies also impede further development of the theory of administrative law when studying the institution of state service. Conclusion: based on the analysis of the types of functional activities of state bodies, we conclude that the service in the prosecutor’s office is classified as the state service related to law enforcement activity; we note its similarity and difference in relation to the service in other state bodies that perform law enforcement functions, including institutions and bodies of the penal system. In line with the methodology of integrative legal understanding, we define the service in the prosecutor’s office as the professional activity carried out on behalf of the state by employees holding positions in authorized federal state bodies and empowered by law to apply state enforcement measures aimed at protecting law and order, human rights and freedoms, public and state interests, combating crimes and other offenses, or the professional activity related to the performance of the functions of internal administration and staffing of these bodies. We emphasize that such service is implemented in strict accordance with the rules established by administrative and legal norms, and on the basis of ethical principles and moral principles that form the orientation of employees toward achieving socially useful goals and interests of the state itself. Scientific and practical significance of the article lies in the fact that the conclusions made in it can be used in scientific, educational and law-making activities. Key words: state service; law enforcement agencies; law enforcement activities; control and supervisory activities; human rights activities; prosecutor’s office agencies; prosecutor’s office employees.

scholarly journals Public Councils as a Legal Form of Partnership between the State and Its Citizens

2021 ◽  
Vol 9 (1) ◽  
pp. 96-117
Author(s):  
Pavlo Krainii
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Local Governments ◽  
Legal Status ◽  
Good Governance ◽  
Communicative Action ◽  
The State ◽  
Legal Form ◽  
Theoretical Concepts ◽  
Legal Forms

Today, the existence of every society and every state is marked with the presence of generally accepted phenomena that radically distinguish the legal status of an individual from his ancestors, who lived hundreds or even thousands of years ago. These phenomena are: democracy, legal society, human rights, good governance, participatory democracy, etc. The study of legal relations between an individual or a group of individuals and the state, represented by the system of government in one form or another, has been carried out by a large number of well-known legal scholars, sociologists, political scientists, and economists, all of whom offered numerous theoretical concepts, represented different scientific schools, and worked in various fields of research. The basic issue they have been trying to solve both in the past and at present is how an individual citizen or a group of individuals can influence the decision-making processes of public authorities that affect the interests of each of them. It turned out that the institutions we are aware of (like those of political parties, public organizations, unions) are not the only legal forms of association of the country citizens who seek to exercise public power and represent the interests of certain groups of their compatriots. The active changes that took place in the world after the Second World War, as well as the emergence of the third generation of human rights were a logical continuation of the growing influence of liberal ideas and views, which proved the existence of new scientific alternatives, ideas and concepts for developing the theory of deliberative democracy. The latter’s main objective was the idea of citizens’ active involvement in decision-making by the authorities and local governments, which consequently led to the phenomenon of public-private partnership. The article under discussion contains a legal analysis of the institution of public councils as one of the legal forms of such interaction through the theory of communicative action. At the same time, the paper will contain an attempt to analyze the current Ukrainian legislation that determines and regulates the legal status of public councils. This will enable to draw conclusions about the level of involvement of citizens in the decision-making process. In addition, the article will lay particular emphasis on a study of the already established and existing public councils in Ukraine, as well as will identify the positive and negative aspects of their activities, which will help to work out the problematic aspects of their legal status and offer practical ways to eliminate them.

scholarly journals Foreign experience in protecting human reproductive rights from crime

2021 ◽  
pp. 162-169
Author(s):  
P. A. Kulakova
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Reproductive Rights ◽  
Human Reproduction ◽  
Artificial Reproduction ◽  
Surrogate Mothers ◽  
Foreign Experience ◽  
Human Reproductive ◽  
Points Of View ◽  
Genetic Parents

The purpose of the research is to determine the features of foreign experience in protecting reproductive human rights from crimes. The article analyzes the legislation regulating human reproductive rights, provides various points of view of scientists regarding artificial human reproduction. The scientific novelty of the work consists in the development of various mechanisms to protect the legal status of both surrogate mothers and genetic parents, which helps to reduce crime. As a result, the models of perception of the phenomenon in question are defined, both in Europe and in the Asian region. Various ways to minimize legal conflicts are suggested. In addition, taking into account this kind of reality, we have identified differential approaches to the issue of legal liability for abuse in the field of artificial reproduction to people in the countries of the European and Asian continents. They also identified specific features of the work of Russian clinics as agents of medical and genetic consultations with foreign citizens (In particular, the Netherlands, Thailand, and some USA States). 

scholarly journals PREVENTION OF TORTURE ON THE TEMPORARILY OCCUPIED TERRITORIES OF UKRAINE

2021 ◽  
pp. 142-147
Author(s):  
Kh. Yamelska
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Effective Means ◽  
The State ◽  
Council Of Europe ◽  
European Court ◽  
Occupied Territories ◽  
The Government ◽  
Legal Pressure ◽  
The Impact

The article reveals the content of armed aggression and the legal status of the temporarily occupied territories of Ukraine. Russia's aggression against Ukraine is considered in historical retrospect. Cases of torture and other ill-treatment on the temporarily occupied territories have been demonstrated in specific cases. The article examines the state of human rights on the temporarily occupied territories, namely the prevention of torture and other ill-treatment. Ways to prevent torture and ill-treatment in order to respect human rights and maintain the rule of law have been identified. The author determined that system of counteraction to aggression of Russia, which consists the political, legal and economic means, includes the prevention of torture and ill-treatment.The author notes that the adoption of UN GA resolutions and other documents of the Committee of Ministers of the Council of Europe, the Parliamentary Assembly of the Council of Europe, the Organization for Security and Co-operation in Europe are new elements of increasing legal pressure on Russia. The submission of interstate applications by the Government of Ukraine to the European Court of Human Rights against the Russian Federation is one of the effective means of preventing torture. The article reveals the impact of expert and advocacy activities of non-governmental human rights organizations on the prevention of torture and the state of human rights on the temporarily occupied territories. It is noted that maintaining contacts with the citizens of the Autonomous Republic of Crimea, constant informing, as well as obtaining information by the Ukrainian side on the state of human rights in the temporarily occupied territory provides an opportunity to partially prevent such violations and allow future reintegration of these territories. Keywords: prevention of torture, temporarily occupied territories, armed aggression, observance of human rights.

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