scholarly journals COVID-19 pandemic. New challenge for constitutional relations

2020 ◽  
Vol 4 (3) ◽  
pp. 69-75
Author(s):  
Evgeniya V. Lungu
Keyword(s):  
Human Rights ◽  
Public Safety ◽  
The State ◽  
Healthcare Sector ◽  
Constitutional Rights ◽  
Legal Analysis ◽  
Significant Drop ◽  
Public Authorities ◽  
Economic Problems ◽  
Individual Human

The subject. Current constitutional legal relations are considered in the context of the objective legal reality of the COVID-19 pandemic. The purpose of the article is confirmation or confutation of the hypothesis that COVID-19 pandemic impacts on the development of constitutional relations. The methodology. The author uses the method of comparative legal analysis legal measures aiming the minimization of pandemic’s impact on society and formal legal analysis of legislative acts. The main results of the research. It is alleged that the COVID-19 pandemic had a significant impact on the state of constitutional legal relations and revealed the most acute social and economic problems in all areas of public life. The development of constitutional legal relations in a pandemic will lead, firstly, to a new correlation of collective and individual human rights. As a result of a pandemic, constitutional legal relations in the healthcare sector will move from the category of individual right to life and health to the category of public interest. When the health of an individual citizen is a guarantee of economic and public safety. Secondly, the development of the institution of self-limitation of constitutional human rights. From the position of law, self-restriction of rights allows: to ensure personal and public safety of citizens; avoid introducing restrictions on constitutional rights and freedoms; eliminate redundancy of human rights restrictions. Self-limitation of constitutional human rights is considered as conscious voluntary abstinence from the exercise of constitutional rights on the recommendation of public authorities in an emergency or other conditions close to them (high alert, self-isolation) in order to ensure public and personal safety. Self-limitation of constitutional human rights allows us to observe the constitutional balance of personal and public interests. Thirdly, the experience of combating a pandemic has shown that if the population is able to cope with the consequences of a short-term restriction of their rights on their own, then long-term quarantine measures lead to a significant drop in incomes of the population and must be compensated by the state. Conclusions. The COVID-19 coronavirus pandemic on the one hand triggered a new stage of constitutional legal relations, and on the other hand, like any emergency, exposed the most acute social and economic problems in society. The development of constitutional legal relations in the context of the emerging digital society and the state will not only lead to the development of new principles of constitutional development and, as a result, to constitutional legal relations of a new, digital level, but also affect such areas as the ratio of collective and individual human rights; development of the institution of self-restriction of human rights; further improvement of compensatory constitutional legal relations.

Implementation of the constitutional rights and freedoms of man and citizen

2021 ◽  
Author(s):  
Svetlana Narutto ◽  
Stanislav Kolmakov
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Rights ◽  
Public Authorities ◽  
Theoretical Issues

The textbook is devoted to theoretical issues of legal regulation of the implementation of constitutional human rights and freedoms, legal mechanisms for their protection, the competence of public authorities that ensure the implementation of rights and freedoms. For students, postgraduates, teachers interested in the issues of human rights activities of the state, the participation of authorities in ensuring the implementation of constitutional rights and freedoms of man and citizen.

scholarly journals Comparative legal analysis of the anti-corruption policy in Ukraine and Poland

2021 ◽  
Vol 39 (69) ◽  
pp. 91-114
Author(s):  
Oleksandra Zakharova ◽  
Olena Harasymiv ◽  
Olga Sosnina ◽  
Oleksandra Soroka ◽  
Inesa Zaiets
Keyword(s):  
Economic Development ◽  
Human Rights ◽  
Social Justice ◽  
Soviet Union ◽  
Eastern Europe ◽  
Market Economy ◽  
Former Soviet Union ◽  
The State ◽  
Legal Analysis ◽  
International Treaties

Effective counteraction to corruption remains relevant in some countries of Eastern Europe and the former Soviet Union, given that manifestations of corruption are a real obstacle to the realization of human rights, social justice, economic development and jeopardizes the proper functioning of a market economy. However, if such countries of the region, such as Poland, succeeded in ensuring the implementation of an effective anti-corruption policy, a number of post-Soviet countries, in particular Ukraine, faced significant obstacles to overcoming corruption and effectively implementing national anti-corruption policies. Therefore, within this article, a comparative legal analysis of the anti-corruption legislation of these countries has been carried out. The state of implementation of national anti-corruption policies and the formulated conclusions, which provide answers to the questions of improving the implementation of national anti-corruption policy, in particular Ukraine, are considered. Thus, the existence of modern national anti-corruption legislation that best meets the requirements and recommendations on which the state relies on relevant international treaties can be the key to successful anti-corruption efforts.

scholarly journals THE MANIFESTATION OF THE RECHTSIDEE OF PANCASILA IN REGULATING THE CONSTITUTIONAL RIGHTS IN INDONESIA

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
A.Ahsin Thohari
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
The State ◽  
Constitutional Rights ◽  
Union Republic ◽  
Fundamental State ◽  
Almost All ◽  
The Ideal

Abstract: Pancasila is the ideal of the state (staatsidee). It also serves as legal ideal (rechtsidee), fundamental of philosophy (philosofische grondslag), fundamental state norm (staatsfundamentalnorm), and view of life (weltanschauung). It is a flexible ideology that can be drawn, pressed, and broaden to cover almost all circumstances. The perspective and mindset forming the constitution concerning human rights, and citizen constitutional rights had changed due to the changes in worldview attitudes, internationalism, and cosmopolitanism about human and constitutional rights. The constitution in Indonesia had changed several times. However, the provision of the civil rights in the Indonesian constitutions or known as constitutional rights were not eliminated in the 1945 Constitution (since august 18th 1945), the 1949 Union Republic of Indonesia Constitution, the 1950 Temporary Constitution, the 1945 constitution (after the President Decree in July 5th,1959) and 1945 constitution after amendment. Pancasila, also known as five principles, has the function as the bedrock of Indonesia. However, as a philosophical principle, Pancasila can interpret in myriad perspective, potentially used for multiple purposes. Abstrak: Pancasila sebagai cita negara (staatsidee). Pancasila yang juga berfungsi sebagai cita hukum (rechtsidee), dasar filsafat (philosofische grondslag), norma fundamental negara (staatsfundamentalnorm), dan pandangan hidup (weltanschauung). Pancasila adalah ideologi yang bersifat fleksibel yang dapat ditarik, ditekan, dan dilebarkan untuk mencakup hampir semua keadaan. Cara pandang dan pola pikir pembentuk Undang-Undang Dasar (UUD) terhadap Hak Asasi Manusia, konstitusi, dan hak-hak konstitusional warga negara mengalami perubahan yang diakibatkan oleh perubahan sikap-sikap pandangan dunia, internasionalisme dan kosmopolitanisme tentang HAM dan hak konstitusional. Konstitusi di Indonesia telah mengalami beberapa kali perubahan, namun ketentuan-ketentuan tentang hak-hak warga negara dalam konstitusi-konstitusi Indonesia atau yang lebih dikenal dengan hak konstitusional tidak pernah hilang, baik dalam UUD 1945 yang berlaku mulai 18 Agustus 1945, Konstitusi RIS 1949, UUDS 1950, UUD 1945 setelah Dekrit Presiden tanggal 5 Juli 1959, dan UUD 1945 setelah Perubahan. Pancasila, yang juga dikenal sebagai lima prinsip, berfungsi sebagai landasan negara Indonesia. Namun, sebagai prinsip filosofis, pancasila dapat ditafsikan ke berbagai perspektif yang dapat digunakan untuk berbagai tujuan. Kata Kunci: Cita Hukum (Rechtsidee), Pancasila, Hak Konstitusional

scholarly journals The range of instruments of mechanism for interaction between the Constitutional Court of Ukraine and the Verkhovna Rada of Ukraine

2018 ◽  
Vol 6 (5) ◽  
pp. 5-11
Author(s):  
N. V. Moskalets
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Performance Indicators ◽  
Monitoring And Evaluation ◽  
The State ◽  
Individual Responsibility ◽  
Constitutional Court ◽  
Public Authorities ◽  
The Public ◽  
Civil Society Development

In the article, basing on investigation of the interaction of the Constitutional Court of Ukraine with the Verkhovna Rada of Ukraine in ensuring the rights and freedoms there was proposed the range of instruments of mechanism for interaction based on proper governance, monitoring and evaluation, including performance indicators and effectiveness, individual responsibility of a person authorized to perform the functions of the state. Due to its implementation, the public authorities will provide priority-oriented constitutional guarantees, namely human rights and freedoms in the context of promoting civil society development in Ukraine. In the article, basing on investigation of the interaction of the Constitutional Court of Ukraine with the Verkhovna Rada of Ukraine in ensuring the rights and freedoms there was proposed the range of instruments of mechanism for interaction based on proper governance, monitoring and evaluation, including performance indicators and effectiveness, individual responsibility of a person authorized to perform the functions of the state. Due to its implementation, the public authorities will provide priority-oriented constitutional guarantees, namely human rights and freedoms in the context of promoting civil society development in Ukraine. In order to enhance the implementation of the range of instruments of mechanism for interaction between the Constitutional Court of Ukraine with other public authorities, there was offered the introduction of electronic document management as a preventive anti-corruption measure with integrated monitoring and transparency mechanisms of activity of public authorities in order to reduce the level of corruption and hierarchical influence, for the purpose of openness and transparency, efficiency of activity within the democratic processes.

scholarly journals On the Concept of the Human Rights Activities and the Human Rights System or on Organizational and Legal Prerequisites for the Nationwide Happiness

2021 ◽  
Vol 1 ◽  
pp. 27-35
Author(s):  
Yuriy V. Kim ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Police Officer ◽  
The State ◽  
Public Authorities ◽  
Head Of State ◽  
State Organizations ◽  
Definition Of ◽  
Almost All ◽  
Domestic Law

The terms “human rights activities” and “human rights system” are widely used in domestic law and law enforcement practice. The human rights dimension is represented in the functioning of almost all public authorities, from the ordinary police officer to the head of State. For many State and non-State organizations, human rights activities are profiling. Between, the category of human rights activities is not established in the special literature, nor is there a legislative definition of the concept, scope and subject of this sphere of activity. Accordingly, there is no proper coordination of human rights activities on the part of public authorities. The article specifies the content of the human rights function of the state and proposes approaches to increase its effectiveness.

scholarly journals “The way to Dayton”: the military conflict in Bosnia and Herzegovina peaceful settlement process in 1992-1995

2020 ◽  
pp. 72-83
Author(s):  
V.M. Zavhorodnia ◽  
A.S. Naumov
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Negotiation Process ◽  
The State ◽  
Public Authorities ◽  
Military Conflict ◽  
Constitutional Order ◽  
The Republic ◽  
Dayton Agreement ◽  
Sharp Criticism

The paper examines the preconditions for the conclusion, significance and consequences of the implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement between the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia. Four plans for peace achievement are considered, in which the International Community had consistently sought to resolve the Bosnian conflict in 1992-1995. The process of concluding a unique international document that not only put an end to the bloody interethnic confrontation and established new foundations for relations between the three Balkan countries, but defined the principles of the constitutional order of the state of Bosnia and Herzegovina is examined. The authors analyze the ambiguous scientific and political assessments of the Dayton Agreement, ranging from unequivocal approval to sharp criticism, and the reasons for the success of the Dayton Process, including joining the U.S. negotiation process and ensuring compliance with NATO’s commitment to violators. The risks inherent in the Dayton Agreement in the constitutional order of Bosnia and Herzegovina are also identified. The problem of the constitutional order of Bosnia and Herzegovina on the basis of the Dayton Agreement is vital for the post-Yugoslav space. Despite the declared principle of equality of citizens, in fact, political human rights in the country directly depend on ethnicity, and public authorities are based on the principle of national representation. The sovereignty and independence of Bosnia and Herzegovina raise a number of issues, given their control by International bodies. An analysis of historical experience convincingly shows that the Dayton Accords can only be seen as a temporary mechanism for resolving the crisis and easing tensions, which has made it possible to achieve peace, end ethnic discord and lay the foundations for a democratic system in Bosnia and Herzegovina. Recognizing the effectiveness of the Dayton Agreement, the authors argue that some of its provisions do not comply with generally accepted principles of International Law, in particular, in terms of the territorial organization of the state and the formation of public authorities in Bosnia and Herzegovina. This approach does not comply with the principle of equality of human rights, regardless of race, color, sex, language, religion, political or other beliefs, national or social origin, property status, birth or other circumstances. It is also undeniable that the Dayton Accords did not resolve the interethnic conflicts in Bosnia and Herzegovina. The paper also seeks to identify ways to address the Bosnian crisis in the current situation in Ukraine, given the annexation of Crimea and the protracted military conflict in Donbas, and to determine the admissibility and potential limits of external intervention in military conflicts.

scholarly journals The Legal Framework for the Promotion and Protection of Human Rights in Cameroon by Non-Governmental Organisations

2021 ◽  
Vol 24 (1) ◽  
pp. 29-45
Author(s):  
Alvine Longla Boma
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Framework ◽  
The State ◽  
African Countries ◽  
Public Authorities ◽  
The Public ◽  
Civil Society Organisations ◽  
Protection Of Human Rights ◽  
The Right

Civil Society organisations play key roles in African countries. This is not an exception in the Cameroonian dispensation. Indeed, the existence and operation of civil societies in this jurisdiction is legitimated by a 1990 law allowing the free formation of associations. Even though the state has the primary obligation to promote and protect human rights, there also exists a plethora of associations with the same interest. This paper is motivated by the state’s wanton failure in ensuring the enjoyment and fulfilment of the right. For one thing, the state has maintained a stronghold on the Civil Society through legislation which gives public authorities a leverage over human rights defenders. Moreover, an analysis of existing legal and institutional frameworks available to allow human rights non-governmental organisations thrive, leaves much to be desired. Findings reveal that though there are adequate laws and institutions which ensure the creation and functioning of Civil Society organisations in Cameroon, there are also contradictory laws which give the public authority an edge over these organisations and allow them to sanction the activities of some human rights defenders under the guise of maintaining public order. We argue that there should be adequate protection offered to human rights defenders as well as the relaxation of laws permitting public authorities to illegally sanction the activities of relevant non-governmental organisations.

scholarly journals Urgency of the Right to Recognition for Identity’s Belief as A Part of Human Rights

2018 ◽  
Vol 4 (3) ◽  
pp. 296
Author(s):  
Winda Wijayanti
Keyword(s):  
Human Rights ◽  
Public Participation ◽  
The State ◽  
Constitutional Rights ◽  
State Administrators ◽  
Identity Card ◽  
Qualitative Descriptive ◽  
The Right

The right of recognition a belief is one of the basic human rights set forth in the Constitution. Population Administration Act as the executor of the constitutional mandate does not regulate of information column’s ”Belief” in an identity card (KTP-el) or a blank religion is a legal vacuum. Many debates occurred during the discussion and after the enactment of the Population Administration Act that only regulates the administration of population and issues between Religion and Belief as being very sensitive so that discussion of belief is considered not the domain of the Population Administration Act. Then, the absence of public participation in discussion of amendment Population Administration Act as a form of non-recognition of the existence of Believer in regulation. The problem is no rule for public participation in Population Administration Act. In fact, this paper used a normative juridical approach, with qualitative descriptive about debate of the Administration Population Act (DPR) to find out the urgency of the right to recognition for identity’s Belief through KTP-el. The result showed that inclusion of information column’s “Belief” is an entrance (gate) for the state's recognition of the people’s belief and their constitutional rights attached to it. Not only through words, but the recognition of the state through the State Administrators is manifested by legislation and communication (dialogue) between state and its citizens to remove all the existing attributes with equally, parallel, and continuously.

scholarly journals PERAN PELAKSANA PENYULUHAN HUKUM KANTOR WILAYAH KEMENTERIAN HUKUM DAN HAM BANTEN DALAM SOSIALISASI BANTUAN HUKUM GRATIS BAGI MASYARAKAT TIDAK MAMPU

2020 ◽  
Vol 3 (1) ◽  
pp. 1-15
Author(s):  
Anton Aulawi ◽  
Ratu Mimi Darniasih
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Constitutional Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
State Budget ◽  
Regional Office ◽  
The Poor ◽  
Rule Number

The purpose of this research was to determine the role of Legal Counselors in the Regional Office of the Banten Ministry of Law and Human Rights in the socialization of free legal aid for the poor. In this research the authors use a methodology with a qualitative approach. In the research to be conducted, researchers will use three data collection techniques, by interview, observation, and documentation. The results of this research are that legal aid regulated by Rule Number 16 of 2011 years concerning Legal Aid, is the state's obligation to provide the rights of every citizen to get legal protection and human rights, especially for the poor. The provision of legal aid as a state obligation to implement the constitutional rights of the poor is to provide funding to legal aid organizations with the State Budget. The state is present to provide legal assistance, one of which is by means of the Regional Office of the Ministry of Law and Human Rights Banten. The method of socialization about free legal assistance to the poor is done by legal counseling activities with direct and indirect methods; firstly, legal counseling is carried out solely by law enforcement officers from the Regional Office of the Ministry of Law and Human Rights Banten. Secondly, legal counseling is carried out by accredited legal aid organizations but with budgets derived from legal aid funds from the state  with the authority of budget users from the Ministry of Law and Human Rights.

scholarly journals Problems of choosing the optimal system of executive power in the Russian

2021 ◽  
Vol 258 ◽  
pp. 05032
Author(s):  
Vitaly Goncharov ◽  
Tatiana Mikhaleva ◽  
Grigory Vasilevich ◽  
Sergey Balashenko ◽  
Jacek Zalesny ◽  
...  
Keyword(s):  
Russian Federation ◽  
The State ◽  
Optimal System ◽  
Executive Power ◽  
Legal Analysis ◽  
Public Authorities ◽  
Internal Factors ◽  
Full Development ◽  
Legitimate Interests ◽  
The Russian Federation

This article is devoted to the constitutional and legal analysis of the problems of choosing the optimal system of executive power in the Russian Federation. The paper substantiates the position that the need to optimize the system of executive power in Russia is due to a number of external and internal factors that are subjective and objective in nature. The article identifies and formulates the main problems of choosing the optimal system of executive power in Russia, defines its optimal characteristics, develops and substantiates an algorithm of actions necessary in the formation and construction of an optimal system of executive power in the country. Optimization of the system of executive power in the Russian Federation will allow to fully protect the rights, freedoms and legitimate interests of citizens of the Russian Federation; strengthen the system of public authorities in the country; create conditions for the full development of society and the state.

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