scholarly journals Confidential communication of a lawyer with his client as a guarantee of advocacy

2021 ◽  
Vol 66 ◽  
pp. 244-250
Author(s):  
V.V. Zaborovskyy
Keyword(s):  
Human Rights ◽  
Necessary Conditions ◽  
International Standards ◽  
Professional Activity ◽  
Structural Method ◽  
Private Communication ◽  
Dialectical Method ◽  
Legal Science ◽  
European Court ◽  
The Right

This article is devoted to the disclosure of theoretical and applied issues related to the implementation of one of the main guarantees of a lawyer's professional activity, namely ensuring the confidentiality of his communication with his client. The study revealed various approaches of scholars, as well as the position of the legislator on the practical provision of the right of a suspect (accused) to confidential communication with his lawyer, especially in cases of detention of such a person. The international standards and practice of the European Court of Human Rights in the aspect of implementation of the prohibition of interference in private communication of a lawyer with his client are also analyzed. The position is argued that the existence of undoubted trust in the professional activity of a lawyer, as the quintessence of advocacy, is possible only if the principle of confidentiality is ensured, including the prohibition of interference in private communication between the lawyer and the client. To achieve this goal, the authors used methods typical of legal science. The study was conducted using a dialectical method of cognition of legal reality, which provided an opportunity to analyze the essence of the guarantee of interference in private communication between lawyer and client, while the use of system-structural method provided an opportunity to determine the overall structure of the study. Based on the study, the author concludes that Ukrainian law pays considerable attention to ensuring the confidentiality of communication between a lawyer and his client, which generally complies with international principles in this area and aims to create appropriate conditions for confidentiality and legal secrecy as necessary conditions. advocacy.

scholarly journals PROTECTION OF THE RIGHT TO RESPECT FOR PRIVATE LIFE IN THE COURSE OF EDUCATIONAL ACTIVITIES IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 262-267
Author(s):  
L. Yu. Fomina
Keyword(s):  
Human Rights ◽  
Private Life ◽  
International Standards ◽  
Educational Activity ◽  
Professional Activity ◽  
Educational Activities ◽  
European Court ◽  
The Right ◽  
Moral Attitudes ◽  
Legal And Ethical Requirements

The development of digitalization processes and their implementation in educational activities, the establishment of certain legal and ethical requirements for its participants determine the importance of ensuring privacy, identifying and preventing the actions that can be considered as interference with it, and specifying the limits of admissibility of such interference. The purpose of the article is to identify, analyze and generalize the rulings of the European Court of Human Rights regarding the protection of the right to respect for private life in relation to educational activities. Conclusions were made about broad understanding of private life and interference with it by the European Court of Human Rights in the framework of educational activities. It was pointed out that its content includes questions related to the teacher’s professional activity, the compliance of the participants in the educational activity with certain requirements for appearance and behavior, and control over their behavior using modern technologies. It was revealed that interference with private life in the course of educational activities is possible provided that certain criteria for its admissibility, connected with both moral attitudes of the subjects of such activities and with the developed international standards, are met.

scholarly journals The right of prisoners sentenced to life imprisonment to parole from serving a sentence or to replace the unserved part of the sentence with a milder one and ensuring it in Ukraine

2020 ◽  
Vol 2 (2) ◽  
pp. 168-175
Author(s):  
Anatoliy Chernenko ◽  
Anatoliy Shyyan
Keyword(s):  
Human Rights ◽  
Criminal Code ◽  
International Standards ◽  
Constitutional Court ◽  
Life Imprisonment ◽  
Conditional Release ◽  
Legal Norms ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right

The article examines the issues of ensuring the right of convicts to life imprisonment in Ukraine to parole from serving a sentence or replacing the unserved part of the sentence with a milder one. The norms of the Criminal Code, other legislative acts of Ukraine governing this issue, as well as the Regulation on the procedure for pardon approved by decree of the President of Ukraine No. 223/2015 of April 21, 2015 are analyzed. They are compared with international legal acts, in particular, the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, which governs the conditional release of life-sentenced prisoners or replaces the unserved part of the sentence with a milder one, as well as several decisions of the European Court of Human Rights regarding such issues. The inconsistency of Ukrainian legislation, the Regulation on the procedure for pardoning international law and the decisions of the ECHR is shown. Particular attention is paid to the decision of the ECHR in the case of “Roosters v. Ukraine” of March 12, 2019, as well as future decisions of the Constitutional Court of Ukraine and the Supreme Court, which are currently considering this issue. Considering the provisions expressed by the ECHR in this case, it is concluded that the current mechanism for such exemption does not comply with international standards and this entails the need to consolidate the relevant legal norms in Ukrainian legislation. The problematic aspects of the implementation of such a right are analyzed, some suggestions are made for their solution.

scholarly journals Victims‘ rights: The European court of human rights' practice and legislation in Serbia

Temida ◽  
2015 ◽  
Vol 18 (3-4) ◽  
pp. 145-166
Author(s):  
Milica Kovacevic
Keyword(s):  
Human Rights ◽  
Real Life ◽  
Case Law ◽  
International Standards ◽  
Criminal Proceedings ◽  
Human Rights Practice ◽  
European Court ◽  
The Status ◽  
Specific Standard ◽  
The Right

The paper deals with rights and position of victims in international documents, with special reference to the standards created by the European Court of Human Rights through its practice. This paper aims to provide brief analysis of some of the most important international documents, which set forth basic rights for victims, including: right to participate in the criminal proceedings, right to protection and the right to compensation. The paper intends to analyze these key right (standards, principles) through relevant case law of the European Court of Human Rights, given that the wording of the relevant documents does not determine what entails the realization of a specific standard in real life. The main purpose of the article is to examine the compliance of regulations and practices in Serbia with international standards on the status and the rights of victims, from which some recommendations for improvement might arise.

scholarly journals The Correlation Between the Right to Death and the Right to Dignified Death

Medicne pravo ◽  
2021 ◽  
pp. 9-18
Author(s):  
S. B. Buletsa
Keyword(s):  
Human Rights ◽  
General Structure ◽  
Structural Method ◽  
Right To Die ◽  
Historical Method ◽  
Incurable Disease ◽  
Legal Method ◽  
European Court ◽  
Foreign Countries ◽  
The Right

In order to examine the object of research, and both to achieve the goal of research and to ensure the completeness, objectivity, reliability and persuasiveness of the results, the author used a set of general and special methods that are peculiar to legal science. In particular, the origin and long historical path of development of certain human rights were studied with the help of the historical method. On the basis of system-structural method there has been formulated the general structure of the study; with the help of dialectical method the author has analyzed the provisions of law and case law on the pecularities of the right to die. The analysis of the legislation of foreign countries has been provided using comparative legal method, which have made it possible to recall their positive experience in terms of analysis of the right to death. This article reveals the scientific approaches of researchers to determine the nature of death, the right to die, the right to a dignified death, to identify features thereof and to provide distinction between them. The paper analyzes ways to protect the right to die. Part of the work is devoted to the analysis of the law enforcement practice of the European Court of Human Rights on the possibility and expediency of the existence of certain criteria for restricting the right to life. Based on the study, it has been concluded that death and the right to die, the right to die and the right to a dignified death are correlated as primary and secondary, i.e., the right to die includes all these concepts. They cannot exist without each other. In different countries they are interpreted differently, but the main feature thereof is the free will of a person, who has an incurable disease, to die. It has been argued that the term right to a dignified death is the most appropriate to use. It has been noted that a significant number of foreign countries provide for the right to die and euthanasia.

scholarly journals ASSESSMENT OF THE CONCLUSIONS OF «SCIENTIFIC JUDGES» IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

2019 ◽  
pp. 125-137
Author(s):  
N. Akhtyrska
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Video Recording ◽  
The State ◽  
International Standards ◽  
Plain Language ◽  
Criminal Proceedings ◽  
Case File ◽  
European Court ◽  
The Right

The article, based on an analysis of judicial and investigative practices, highlighted the complex issues relating to the legal status of an expert and a specialist, ensuring their independence, evaluating and using the conclusions of an expert and a specialist by the court in strict compliance with and ensuring the principle of equality of the parties in the criminal process. The defense has the right to request the cross-examination of the expert, regardless of whether he was questioned at the pre-trial investigation stage. This does not exclude the possibility of using the previous testimony in court (protocol, audio, video recording), but only for the purpose of establishing contradictions. Refusal to satisfy the petition is a violation of the Convention requirements for a fair trial and equality of the parties. A tacit refusal of any guarantee of justice is not excluded, but at the same time, the existence of such a refusal must be proved «unequivocally». The court is obliged to accept as evidence from the defense the findings of the expert on the same issues on which the prosecution provided the findings of the state examination. The rules of admissibility of evidence may sometimes be contrary to the principles of equality of the procedural capacities of the parties and the adversarial process or otherwise affect the fairness of the proceedings. The rules for the admissibility of the conclusions of a specialist should not deprive the party of defense of the opportunity to effectively challenge them, in particular, by using them in the case or obtaining other opinions and conclusions. The state prosecution is obliged to disclose to the defense all available evidence (the conclusions of the examination for the benefit of the prosecution, and for the benefit of the defense). Hiding expert conclusions is a violation of the principle of equality of the parties. In the context of globalization, it is often necessary to use evidence obtained in the territory of a foreign state. All documents must be provided to the defense for review in plain language. If at the end of the investigation some documents are not translated and it is provided only after the start of the judicial review, the court is obliged to announce their contents and provide them for review. According to the Court, this does not constitute a violation of the right to defense. In case of poor-quality translation, the party has the right to request a re-transfer. If documents in a foreign language remain in the case file (without translation), this does not indicate a violation of convention standards if the arguments contained in these documents are not based on the indictment or conviction. Thus, in order to provide methodological assistance to law enforcement agencies and courts in the application of legislation related to the involvement of experts and the assessment of their findings, it is necessary to develop guidelines with regard to international standards, convention requirements, as well as to make changes and additions to existing legislation. Key words: criminal proceedings, «scientific judges», questioning of an expert, expert opinion, specialist opinion, European Court of Human Rights.

scholarly journals LIFE AND THE RIGHT TO LIFE AS THE BASIC CONSTITUTIONAL RIGHT OF A PERSON

2021 ◽  
pp. 14-26
Author(s):  
Сібілла Булеца
Keyword(s):  
Human Rights ◽  
The State ◽  
Free Access ◽  
Structural Method ◽  
Right To Life ◽  
Legal Method ◽  
European Court ◽  
Foreign Countries ◽  
Constitutional Right ◽  
The Right

The purpose of this article is to study the concept of life and the constitutional right to life, define their essence, the relationship of these concepts, disclose their features, as well as the experience of the European Court of Human Rights in their protection. In the context of disclosing the subject of research to achieve the goal of scientific research and to ensure the completeness, objectivity, reliability and persuasiveness of the results, the author used a set of general and special methods that are characteristic of legal science. In particular, the origin and long historical path of development of these human rights were studied with the help of the historical method. The use of the system-structural method formulated the general structure of the study, and dialectical method analyzed the provisions of law and case law on the peculiarities of the right to life. Using a comparative legal method, the legislation of foreign countries was analyzed, which provided an opportunity to use their positive experience in terms of protection of the right to human life. This article reveals the scientific approaches of researchers to determine the essence of life, the right to life, death, identifying their features and distinguishing between them. The paper analyzes ways to protect the right to life. A great deal of the work is devoted to the analysis of the law enforcement practice of the European Court of Human Rights, both in general and on the feasibility of the existence of certain criteria for restricting the right to life. Based on the study, it is concluded that life and the right to life are similar concepts. It is argued that restrictions on the right to life due to a pandemic are possible if the disease is confirmed. In all other cases, the state must provide free access to coronavirus testing, in the case of a negative test, the opportunity to freely exercise the right to life. It is noted that a significant number of foreign countries provide for the right to life in the constitutions, but there are countries where the right to happiness or physical well-being is still being developed. It is well known that everyone has the right to happiness, which is different for everyone, so the creation of a mechanism to ensure and respect the right to life rests with the state and the individual.

Securing the right of the child to express views in the process of a case adjudication: international bodies of human rights protection’ approach

2021 ◽  
Vol 7 ◽  
pp. 45-50
Author(s):  
N. V. Kravchuk ◽  
Keyword(s):  
Human Rights ◽  
International Standards ◽  
Judicial Process ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Minor Children ◽  
The Russian Federation ◽  
Child Friendly ◽  
The Right

While considering the case related to the rights and interests of the child the judge can face the situation raising questions about the substance of the right of the child to express views and practical aspects of its realization. Some of these questions, which were not yet clarified by the Supreme Сourt of the Russian Federation, could be considered through the perspective of corresponding international standards. These standards reflect principles of child-friendly justice and cannot be divided into those applied within the sphere of criminal justice and those for civil and family cases. The necessity to secure a possibility for a child to voice his/her views requires certain adaptation of the judicial process for the needs and capacities of the child. «The style» of the process should be changed along with the procedure. Two principles were underlined by the international bodies in this context: active protection of the child by the court and the necessity of a child-sensitive approach. Their application is demonstrated basing on the European Court of human rights’ jurisprudence. While international human rights bodies give considerable weight to the possibility to hear the child directly, they nevertheless accept this is not always for the benefit of the child or justice. This applies not only to minor children but to those older than 10 y. o. as well. In such situations, the court has to seek assistance from a professional qualified to hear the child. However it is the court that bears the responsibility for the judgment even when expert's opinions it received were contradictory or those of low quality.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

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