scholarly journals Measures to counter the COVID-19 pandemic and the permissibility of human rights restrictions

2021 ◽  
pp. 26-34
Author(s):  
Mariya Mendzhul
Keyword(s):  
Public Awareness ◽  
Criminal Liability ◽  
Risk Groups ◽  
Food Delivery ◽  
The State ◽  
European Countries ◽  
Medical Services ◽  
Specific Situation ◽  
Public Catering ◽  
The Right

Following the declaration of a pandemic caused by the SARS-CoV-2 virus, the EU and Ukraine have taken various measures to prevent infection and protect the health of citizens, including: mandatory obervation (most countries); introduction of the rules of responsibitity for violation of quarantine restrictions (usually administrative, but criminal liability is also possible); closure of educational and entertainment facilities, as well as public catering establishments (remote operation of educational facilities is allowed, as well as operation of public catering establishments with food delivery); obligation to wear masks; prohibition of movement of groups of persons; maximum transfer of employees to remote work; ban on operation of most companies (introduced by Italy and Spain); closing borders; curfew (introduced in Italy, Spain and Georgia); self-isolation of persons belonging to risk groups. Ukraine has implemented all these measures, except for curfew and closure of all enterprises. Implemented measures in most countries have restricted: freedom of movement and peaceful assembly of citizens; the right to private and family life; protection of personal data; freedom of religion (most European countries and Ukraine have banned services and other religious ceremonies with gatherings); the right to medical care (in many countries, citizens have limited access to non-life-saving medical services, including dental, preventive medical services, non-urgent operations, etc.) and others. In the context of the fight against the COVID-19 pandemic, states relied on various types of measures, which allowed us to distinguish three models: "hard" model (USA and most European countries and Ukraine); the "minimum intervention" model (introduced in South Korea); the "maximum public awareness" model (in Sweden). The question of the proportionality of measures taken by the state to counter the COVID-19 pandemic may be considered by the ECtHR regardless of whether the state has made a declaration of derogation, and the establishment of a violation of a particular right will depend on the specific situation in the country, scope and length of applied measures, as well as their feasibility and effectiveness.

scholarly journals The right to private communication using telecommunication means: National and international legal aspects of protection

2019 ◽  
Vol 68 ◽  
pp. 01021
Author(s):  
Olexandr Panasiuk ◽  
Larysa Grynko ◽  
Anna Prokhazka
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Legal Aspects ◽  
The State ◽  
European Countries ◽  
European Convention ◽  
Private Communication ◽  
Criminal Proceedings ◽  
The Right ◽  
Case Basis

Today's challenges dictate the need to strengthen the national and international legal mechanisms for the protection of personal data and the right to private communication. However, considered rights are not absolute. Legitimate restriction of guaranteed rights is possible, since these means of communication are a powerful tool in the investigation and disclosure of hard/very hard crimes, including transnational ones, especially considering the terrorist threats to Ukraine and other European countries. The possibility of restricting human rights, arising from the guarantees enshrined in the European Convention on Human Rights and consistently enshrined in the ECHR, demands from the state the least compulsory guarantee while interfering with the rights of individuals – to act “in accordance with the law”. Law protection of personal data and right to privacy are researched in the context of peculiarities of conducting investigative (search), secret investigative (search) and other procedural actions in criminal proceedings, which concern access to some telecommunication means (e.g., smartphones). Taking into account different functional purposes of technical means of telecommunication, access and collecting of evidence contained therein, should be carried out on a case-to-case basis, in a different procedural form, considering specifics of telecommunication technologies in each particular case.

Citizenship V. Territory: Explaining the Scope of the Criminal Law

2010 ◽  
Vol 13 (2) ◽  
pp. 427-448
Author(s):  
Alejandro Chehtman
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Fair Trial ◽  
The State ◽  
Universal Jurisdiction ◽  
Collective Interest ◽  
International Crimes ◽  
The Right ◽  
Meaningful Role ◽  
Antony Duff

Antony Duff and his coauthors have influentially argued that citizenship plays a central role in accounting both for the way in which the state makes individuals criminally responsible for certain wrongs and for calling them to answer for their wrongs. This paper takes issue with this citizenship-based understanding of the scope of the criminal law. It argues that Duff's model of civic criminal liability faces difficulties in explaining states' right to punish foreigners for crimes committed on their territory, and sits very uncomfortably with states claiming universal jurisdiction over international crimes. In contrast, it advocates a territorial conception of the criminal law. It suggests that to account for the allocation and scope of the right to punish, we need to look at the (collective) interest of those individuals who actually are in the territory of a particular state, not merely its citizens. Finally, it examines whether the notion of citizenship plays any meaningful role in a convincing account of the authority of the state to try an offender. Contra Duff and others, it argues that this authority rests exclusively on defendants receiving a fair trial and a verdict based on reliable evidence.

scholarly journals Loterie jako instrumenty pozyskiwania dochodów państwa w polskim prawie skarbowym w latach 1768-1871

2018 ◽  
Vol 69 (2) ◽  
pp. 89-109
Author(s):  
Michalina Duda-Hyz
Keyword(s):  
The State ◽  
European Countries ◽  
Current Regulation ◽  
The Creation ◽  
The Republic ◽  
Polish Law ◽  
The Right

Lottery is considered to be the first institutionalized form of gambling in Poland, just like in other European countries. The purpose of the introduction of the lottery was to bring funds to the Crown treasury and to the Lithuanian treasury. Subsequently, it was seized by the treasury with the simultaneous stipulation that only the state has the right to organize and receive income from lottery games. This was connected with the creation of a new fiscal prerogative which can be treated as the prototype of the state’s monopoly on the lottery. It is still present in the current regulation pertaining to gambling. Also some of the forms of public burden connected with organizing the lottery, i.e. the tributes charged for the organization of gambling games, seem to possess features similar to contemporary taxes levied for games.The article presents the lotteries which were organized in order to acquire funds for the state treasury from the period of the First Polish Republic until 1871. Furthermore, the paper narrowed the scope of the research to the lotteries which were organized according to the Polish law in order to acquire income for the treasury of the Duchy of Warsaw, the Kingdom of Poland and the Republic of Cracow. The considerations concentrate on the issue of acquiring income for the state from the activity consisting of organizing gambling games. And to be more specific, it concentrates on the type of public tributes which can be construed as the prototype of the present taxes on gambling.

ZBYCIE AKCJI LUB UDZIAŁÓW W SPÓŁKACH BĘDĄCYCH WŁAŚCICIELAMI NIERUCHOMOŚCI ROLNYCH – WYBRANE PROBLEMY

2021 ◽  
pp. 9-21
Author(s):  
Jerzy Bieluk
Keyword(s):  
Criminal Liability ◽  
The State ◽  
Agricultural System ◽  
Management Board ◽  
Contingent Liabilities ◽  
Commercial Company ◽  
The Subject ◽  
The Right ◽  
A Company ◽  
Statutory Regulation

Pursuant to Article 3a sec. 1 of the Act of 11th of April 2003 on Shaping the Agricultural System, the National Support Centre for Agriculture, acting on behalf of the State Treasury, has the right of pre-emption of shares in a commercial company within the meaning of the Act of 15th of September 2000, Code of Commercial Companies, if such a company is an owner or a perpetual usufructuary of either agricultural property with an area of at least 5 ha or agricultural properties with a total area of at least 5 ha. NSCA is not notified about its right of pre-emption by the shareholder but by the company whose shares are the subject of the conditional sale agreement. At the same time, the act imposes several obligations on the company’s management board related to the preparation of documents attached to the notification, the most far-reaching of which is the submission, under pain of criminal liability, of a statement on the amount of contingent liabilities of the company. The statutory regulation overburdens the company’s management board with the obligations related to the preparation of the notification and makes the trading of shares in commercial companies, owning or being perpetual usufructors of agricultural property, dependent on the actions of their management board. The management board may block the sale of shares. Such a concept is incomprehensible, illogical, and requires immediate modification.

SYSTEM OF ECONOMIC MEANS OF STATE ADMINISTRATION OF THE RIGHTS OF PEOPLE WITH DISABILITIES TO HEALTHCARE

2021 ◽  
Vol 7 (4) ◽  
pp. 101-107
Author(s):  
Liudmila Kozhura ◽  
Svitlana Zadereiko ◽  
Andrii Omelchenko
Keyword(s):  
Health Care ◽  
People With Disabilities ◽  
Economic Security ◽  
The State ◽  
Medical Services ◽  
State Management ◽  
State Administration ◽  
The Law ◽  
The Right ◽  
Economic Administration

At the current stage of the development of society the problem of social protection and state support for people with disabilities is particularly relevant and requires reform and improvement. Ukraine, as a country aspiring to join the European Union, should take into account the best foreign experience of the leading countries of the world in the field of state policy to support people with disabilities and its implementation. The process of reforming the national healthcare system demonstrated the ineffective policy in this area, the high level of corruption and the inability to transform this system to the level of world standards of medical care, especially for people with disabilities. The problem of disability in Ukraine is becoming particularly acute. The goal of this article is to investigate the system of economic means of state administration of the rights of people with disabilities to healthcare, to identify the areas of budgetary management and the formation of a new mechanism of economic administration. Scientific analysis was carried out by using the method of systematic approach and analysis, which enabled us to study theoretical aspects of economic methods of state administration of the right of people with disabilities to healthcare, formation of the budget management in Ukraine for the economic security of the rights to healthcare, and features of the new mechanism of the economic administration of the right of people with disabilities to health care. It has been researched that along with administrative methods of state management of the right to health protection of people with disabilities the economic group of methods is important. These include programs of economic development of health care, rehabilitation programs for people with disabilities, implementation of pilot projects to change the mechanism of financial support for operative treatment, etc. Methods of regulating influence (indirect management) are becoming increasingly important, and economical methods of management belong to them. Implementation ensures that the financial and material interests of the management objects are satisfied through the activities of its subjects, which create favorable conditions for achieving the goals and objectives of management. For example, local self-government bodies, within the limits of their competence, can finance local programs for the development and support of community healthcare institutions. In 2019, a new mechanism of rehabilitation support for children with disabilities was introduced based on the principle of "money follows the people", which should ensure targeting, transparency and improve the quality of rehabilitation services. Resources are divided vertically among regional bodies, which divide budgetary funds among local bodies in proportion to the number of children who require rehabilitation measures, according to the place of their residence (location). The national legislation also reflects the norms that created the conditions for the implementation of the right to work of people with disabilities, as well as ratified Convention on the Rights of Persons with Disabilities and the ILO Convention on professional rehabilitation. From the point of view of the Ministry of Healthcare of Ukraine, the funds allocated by the state are extremely insufficient for the uninterrupted functioning of the medical system. In its budget memorandum for 2021 the ministry has allocated twice as much – 296 billion UAH, 225 billion UAH of which for the implementation of the medical guarantee program (which is 5% of GDP, as required by the Law of Ukraine "On State Financial Guarantees of Medical Services to Population"). But the proposals of the Ministry of Health both at the time of formation of the state budget and at the time of its approval were not taken into account. The requirement of the Law of Ukraine "On State Financial Guarantees of Medical Services to the Population" for the establishment of financing of the program of medical guarantees at the level of 5% of GDP was lengthened for one more year.

The Admissibility of Confessions and Real Evidence Obtained in Violation of Human Rights in Criminal Trials in European Countries: Analysing the Jurisprudence of the European Court of Human Rights

2019 ◽  
Vol 9 (3) ◽  
pp. 335-355
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
The State ◽  
European Countries ◽  
European Convention ◽  
Human Rights Violations ◽  
Criminal Trials ◽  
European Court ◽  
Domestic Courts ◽  
The Right

The right to a fair trial is guaranteed under Article 6 of the European Convention on Human Rights. In an effort to protect this right, the European Court of Human Rights has, inter alia, set criteria to determine whether or not the admission of a confession in domestic courts violated the right to a fair trial. This jurisprudence also shows that the Court has established two broad guidelines that govern the admissibility of confessions obtained through human rights violations. The first guideline is that confessions obtained in violation of absolute rights and in particular in violation of Article 3 of the European Convention on Human Rights must be excluded, because their admission will always render the trial unfair. The second guideline is that a confession obtained in violation of a non-absolute right may be admitted without violating the right to a fair trial if the State had a compelling reason or reasons to restrict the right in question. The Court has also dealt with the issue of the admissibility of real evidence obtained through human rights violations. The purpose of this article is to highlight the Court’s jurisprudence.

scholarly journals Theoretical and legal bases of protection of business entities from raiders in Ukraine

2020 ◽  
pp. 51-56
Author(s):  
N.S. Horobets ◽  
Ye.S. Pylypenko
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Criminal Liability ◽  
The State ◽  
Small Enterprises ◽  
Legal Principles ◽  
Business Entities ◽  
State Registration ◽  
The Right ◽  
Common Understanding

The article is devoted to the study of theoretical and legal principles of protection of business entities from raids in Ukraine due to the low level of quality of the system of protection of private property rights in the state. It is stated that for small enterprises the lack of financial resources and the risk of illegal seizure or takeover, ie "raiding", is a more common problem, but large enterprises are also subject to raids. It was found that raiding is a real threat to the integrity of enterprises, stable economic development and information security of the state, its danger is confirmed by data on the number of raider seizures of property in Ukraine. It is noted that one of the areas of counteraction to raiding is the consolidation at the legislative level of a common understanding of this concept, but the Civil Code of Ukraine, the Law of Ukraine "On Joint Stock Companies" deals only with certain aspects of raiding. Features of "white", "gray", "black" raiding are revealed. There are two ways to warn and protect businesses from raiding: the use of government tools and self-preventive protection of the enterprise. The state instruments of warning and protection of enterprises from raids include: legislative guarantees of inviolability of property and protection of property rights of enterprises in case of violation, criminal liability for misappropriation of property, the procedure of state registration of property rights, the right to apply for protection of rights and interests to the court and the Office for Combating Raiding at the Ministry of Justice of Ukraine. It is emphasized that only 20% of enterprises independently protect themselves from raider encroachment, which explains the large number of raider seizures in Ukraine. Among the methods of such protection, emphasis is placed on creating a reliable system of protection of information about the company, ensuring timely and full payment of dividends to shareholders, preventing the mass purchase of shares and monitoring the current situation. It is concluded that it is expedient to develop and consolidate at the legislative level a common understanding of the concept of "raiding", guarantees of warning and protection of business entities from raiding in Ukraine, improving the powers of courts and the Office for Combating Raiding in Ukraine to consider issues of registration of property rights of enterprises.

REVIEW OF THE “ROUND TABLE” “STATE, SOCIETY AND THE CHURCH: STRENGTHENING INTERETHNIC AND INTERFAITH HARMONY, DEVELOPMENT AND IMPROVEMENT OF INTERACTION MECHANISMS”

2019 ◽  
pp. 124-131
Author(s):  
Vera Anatolyevna Shunyayeva ◽  
Svetlana Viktorovna Vorobyeva
Keyword(s):  
Criminal Liability ◽  
Round Table ◽  
The State ◽  
Religious Institutions ◽  
State University ◽  
Freedom Of Conscience ◽  
Interaction Mechanisms ◽  
Teachers And Students ◽  
The Right ◽  
The Church

We present a review of the discussion held in the form of a “round table” on the theme “State, society and the church: strengthening interethnic and interfaith harmony, development and improvement of interaction mechanisms”, held on February 19, 2019 and organized by the Institute of Law and National Security of Tambov State University named after G.R. Derzhavin. Also co-organizer of the “round table” was Tambov Seminary. The discussion was aimed at consideration and understanding the current condition of relations between the state, public and religious institutions, the problems of interaction, forms of cooperation in the framework of a single task aimed at improving the level of spiritual culture of Russian citizens. The participants of the conference were teachers and students who are interested in these issues in detail and have their own research positions on the issue of discussion. The review cover the content of the “round table”, where reports were presented on the issues related to the aspects of interaction between the state, society and the church; freedom of conscience and secular state; problems of constitutional human rights to freedom of conscience and religion, their interpretation; implementation of the right to freedom of conscience and criminal liability for its violation and other aspects of the discussion.

The Right to Leave Any Country and the Interplay between Jurisdiction and Proportionality in Human Rights Law

2020 ◽  
Author(s):  
Vladislava Stoyanova
Keyword(s):  
Human Rights ◽  
The State ◽  
European Countries ◽  
Human Rights Law ◽  
Legal Relationship ◽  
The Law ◽  
Proportionality Test ◽  
The Right

Abstract This article shows the importance in human rights law of the right to leave any country, in light of increasing efforts by European countries of destination to prevent departures and to contain movement by enlisting countries of origin and transit to act as gatekeepers. The article highlights the autonomous nature of the right and challenges in triggering its application. It assesses whether this right is opposable to destination countries, and finds two key challenges – first, meeting the requisite jurisdictional threshold, and secondly, as this is a qualified right, applying the proportionality test. The article examines the interplay between these difficulties. It argues that the jurisdictional threshold expresses a political and legal relationship between the duty bearer (the State) and the right holders (the individuals). This relationship enables us to operationalize the proportionality test – namely whether measures limiting rights are in accordance with the law and are proportionate.

scholarly journals Free Legal Assistance in the Kemerovo Region (Kuzbass)

2021 ◽  
Vol 2021 (1) ◽  
pp. 96-104
Author(s):  
Victor Rossiev
Keyword(s):  
Public Awareness ◽  
The State ◽  
Legal Assistance ◽  
Wide Range ◽  
Red Tape ◽  
Funding Information ◽  
Set Up ◽  
State Of Affairs ◽  
The Right ◽  
Organizational Costs

The present research featured the state policy that ensures the right on free legal assistance in the Kemerovo region. The author analyzed the efficiency of state and non-state systems of free legal aid in Kuzbass. He believes the state of affairs in this area can hardly be called satisfactory, due to both the lack of political will, funding, information, and public awareness. Kuzbass lawyers and other entities have no motivation to provide free legal assistance as they are discouraged by low fees and red tape. The author believes that it is the non-state system of free legal assistance that should be considered as a priority. Free legal assistance requires significant organizational costs to set up legal clinics at universities and a full-scale system of state legal bureaus. Currently, lawyers are not capable of providing primary qualified free legal assistance in all civil cases. Therefore, it would be reasonable to create conditions for consulting a wide range of citizens by other organizations involved in the system of non-state legal assistance.

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