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 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.

scholarly journals «SUCCESS FEE» AS AN IMPORTANT COMPONENT OF ENSURING THE CONSTITUTIONAL RIGHT OF A PERSON TO PROFESSIONAL LEGAL ASSISTANCE

2021 ◽  
pp. 49-58
Author(s):  
Віктор Заборовський
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
General Structure ◽  
Significant Part ◽  
Structural Method ◽  
Legal Assistance ◽  
Legal Method ◽  
European Court ◽  
Foreign Countries ◽  
The Law

The purpose of this article is to study the legal essence of such a method of calculating the lawyer's fee as «success fee», disclosing its positive and negative features, as well as the experience of the European Court of Human Rights and the experience of foreign countries in its application. In the context of disclosing the subject of research, both to achieve the goal of scientific work 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 this legal institution were studied with the help of the historical method. The system-structural method made it possible to formulate the general structure of the study, and the dialectical one – to analyze first of all legislative provisions and jurisprudence on the possibility of using the «success fee» as a way to calculate the lawyer's fee. Using a comparative legal method, the legislation of foreign countries was analyzed, which provided an opportunity to use their positive experience in terms of calculating the amount of attorney's fees. This article discloses the scientific approaches of researchers to determine the nature of the expenses on legal assistance primarily concerning the nature of the «success fee», its positive and negative features, as well as analyzes the provisions of domestic and foreign legislators on the possibility of consolidating in the contract for legal assistance a condition that indicates such a way of calculating the amount of wages of a lawyer as a «fee for success». Significant part of the work is devoted to the analysis of the law enforcement practice of Ukrainian courts and the European Court of Human Rights, both in general as to the possibility and expediency of the existence of certain criteria for limiting its size. It is noted that a significant number of foreign countries do not prohibit the possibility of using the «success fee», taking into account the existence of certain restrictions concerning the categories of cases, or the perception of it as an additional reward. This article discloses the scientific approaches of researchers to determine the nature of the expenses on legal assistance primarily concerning the nature of the «success fee», its positive and negative features, as well as analyzes the provisions of domestic and foreign legislators on the possibility of consolidating in the contract for legal assistance a condition that indicates such a way of calculating the amount of wages of a lawyer as a «fee for success». Significant part of the work is devoted to the analysis of the law enforcement practice of Ukrainian courts and the European Court of Human Rights, both in general as to the possibility and expediency of the existence of certain criteria for limiting its size. It is noted that a significant number of foreign countries do not prohibit the possibility of using the «success fee», taking into account the existence of certain restrictions concerning the categories of cases, or the perception of it as an additional reward.

scholarly journals CERTAIN LIMITATIONS IN REPRODUCTIVE RIGHTS`S EXERCISING (CASES OF CHINA AND AUSTRIA)

2021 ◽  
Vol 74 (11) ◽  
pp. 3016-3020
Author(s):  
Roman A. Maydanyk ◽  
Kateryna V. Moskalenko
Keyword(s):  
Human Rights ◽  
Birth Control ◽  
Reproductive Rights ◽  
Legal Framework ◽  
Reproductive Autonomy ◽  
Historical Method ◽  
Legal Method ◽  
European Court ◽  
Methods Of Synthesis ◽  
Austrian Case

The aim: To analyze the existing international legal framework, regulating limitations of exercising reproductive rights, and determine whether the limitations provided by Chinese and Austrian national legislators meet the international and regional standards. Materials and methods: The article is based on international universal and regional European legal instruments, the jurisprudence of the European Court of Human Rights, national legislation of China and Austria, and scientific articles. The research is grounded on formal logical and dialectical methods, methods of synthesis and analysis, historical method, comparative legal method, and the method of modelling. Conclusions: The authors concluded that despite the standards on reproductive autonomy, being set by the number of international conferences and international and regional acts, the governments may impose limitations on exercising the said autonomy. Such limitations can be either radical ones (taking into account Chinese example of birth control) or liberal ones (taking into account the Austrian case on the prohibition of heterologous gametes donation).

scholarly journals Ensuring the detection of property in the institute of property seizure

2021 ◽  
Vol 10 (42) ◽  
pp. 236-247
Author(s):  
Anastasiia Bazhenova ◽  
Anatolii Desyatnik ◽  
Hanna Mudretska ◽  
Inna Pakipova
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Criminal Procedure ◽  
General Interest ◽  
Legal Analysis ◽  
Legal Method ◽  
Procedure Code ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right

The article is devoted to the study of certain issues of property detection in the institution of seizure of property. On the basis of comparative legal analysis, the possibility of ensuring the detection of property using search and seizure within the Criminal Procedure Code of the past and modern Criminal Procedure Code of Ukraine and foreign countries was assessed. The rights of the victim under the Convention for the Protection of Human Rights and Fundamental Freedoms are analyzed in terms of his/her right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law to decide his/her civil rights and obligations. The application of the criminal procedural legislation of Ukraine is analyzed taking into account the practice of the European Court of Human Rights on the protection of human rights in relation to the rights of individuals or legal entities to peacefully own their property. Emphasis is placed on the fact that the previous provisions do not in any way restrict the right of the state to enact such laws as it deems necessary to exercise control over the use of property in accordance with the general interest. Scientific methods such as analysis, synthesis, formal-legal and comparative-legal method became the methodological basis of the research.

scholarly journals Rules of criminal liability for corruption offences and their prevention

2021 ◽  
Vol 39 (68) ◽  
pp. 723-734
Author(s):  
Borovyk Andrii ◽  
Vartyletska Inna ◽  
Vasylenko Yuliia ◽  
Patyk Andrii ◽  
Pochanska Olena
Keyword(s):  
Criminal Liability ◽  
International Standards ◽  
Structural Method ◽  
Police Practice ◽  
Historical Method ◽  
Legal Method ◽  
Legal Provisions ◽  
Foreign Countries ◽  
Grouping Method ◽  
Selection Of

The objective of the article is to conduct a comparative legal study of Ukrainian and international standards of criminal liability for corruption offences and their prevention. The research methodology includes the following methods: system-structural method, formal-dogmatic method, historical method, grouping method, comparative-legal method, legal modeling method and others. As a result, the peculiarities of anti-corruption regulatory-legal provisions and police practice in the states analyzed are clarified, with the selection of relevant positive and negative trends, principles of construction of anti-corruption policy, specificity of the conceptual apparatus, etc. Emphasis is placed on the need to further harmonize Ukrainian legislation with international agreements and the practice of their implementation. It is concluded that negative trends in foreign countries have been found to be the result of non-compliance with relevant commitments to combat and prevent corruption.

4. Right to life and freedom from ill-treatment

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
European Convention ◽  
Right To Die ◽  
Controversial Issues ◽  
Human Beings ◽  
Right To Life ◽  
Essential Information ◽  
European Court ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the right to life and freedom from ill-treatment, considered the two most fundamental human rights premised on the idea of the inherent dignity of human beings. The chapter examines the right to life as elucidated in Article 2 of the European Convention on Human Rights (ECHR), along with the ECHR’s positive obligations. It also highlights exceptions in Article 2(2) and the European Court of Human Rights’ (ECtHR) adjudication on controversial issues as to when life begins and ends, including abortion, the right to die, and the death penalty. The chapter then examines Article 3 and the interpretation of the Article by the ECtHR. In addition, the chapter looks at the UK’s approach to freedom from ill-treatment and the right to life, and concludes with a discussion of the scope of Article 3 with regard to freedom from ill-treatment.

scholarly journals Simplified Legal Proceedings in the Administrative Proceedings of Ukraine

2021 ◽  
Vol 7 (2) ◽  
pp. 165-183
Author(s):  
Oksana SHCHERBANYUK ◽  
Keyword(s):  
Human Rights ◽  
Scientific Knowledge ◽  
European Countries ◽  
Structural Method ◽  
Legal Proceedings ◽  
Legal Method ◽  
European Court ◽  
Judicial Procedure ◽  
Administrative Proceedings ◽  
Single Mismatch

This article examines a simplified proceedings in administrative proceedings of Ukraine, its concept, regulatory, procedural features. The purpose of this article is to clarify the procedural aspects and problems of simplified action proceedings in administrative judicial procedure of Ukraine based on the experience of European countries. According to the objectives of the study the study used a set of methods and scientific knowledge as theoretical and scientific. The comparative legal method was used for the analysis of foreign models of simplified administrative matters and made the generalization of such experience. Systemic structural method applied to determine the procedural conditions of the grounds the use of simplified action proceedings in administrative proceedings. It is concluded that the Code of administrative proceedings of Ukraine contains a single mismatch and problematic aspects in terms of regulation of administrative matters under the rules of simplified action proceedings, in particular the duplication of regulations and partial inconsistency of their content. Such legislative regulation of the powers of the court fully consistent with the positions of the ECHR. It is therefore proposed to amend the Code of administrative proceedings of Ukraine, agreed with the practice of the European court of human rights.

scholarly journals The right to euthanasia in the context of the right to life guaranteed by the European Convention of human rights

2020 ◽  
pp. 105-110
Author(s):  
Maryna Kyrsanova
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Right To Die ◽  
Main Body ◽  
Active Euthanasia ◽  
Right To Life ◽  
Human Right ◽  
Passive Euthanasia ◽  
European Court ◽  
The Right

Problem setting. Increasingly, European countries are legalizing euthanasia nationally. At the same time, this issue is a circle for scientific debate, as some experts believe that it is a natural human right that can be disposed of at its discretion. Others emphasize that no one can interrupt a person’s life, even herself. In order to summarize all positions and to determine unanimity on certain aspects of euthanasia, it is necessary to refer to the provisions of the European Convention of Human Rights, which in art. 2 proclaims the right to life and the case law of the European Court of Human Rights, which has argued for the possibility of a “right to die” as part of the right to life. The purpose. Analysis of the legal position of the European Court of Human Rights regarding the possibility of applying the euthanasia procedure, exploring the prospects of introducing this procedure into the national law. Analysis of recent research and publications. The problem of euthanasia is a matter of debate in the scientific community. This topic was researched by А.В. Malko, AS Nikiforova, O.V Khomchenko, I.O Koval, O.M Mironets, O.A Miroshnichenko, Yu.S. Romashova, K. Basovskaya, Yu.M. Rybakova, O.M Shchokin, S.V Chernichenko. Article’s main body. In science will distinguish 2 types of euthanasia - active and passive. Active euthanasia involves actions aimed at ending the life of a sick person, for example, by administering a lethal injection. Passive euthanasia involves discontinuation of medical care for a patient at his will, which in the future leads to death. Considering the issue of passive euthanasia, the European Commission concluded that it could not be interpreted art. 2 of the Convention as such, which gives the right to death, but everyone has the right to dispose of his life by giving appropriate instructions in the event of an incurable disease.. The issue of the “right to die”, the right to active euthanasia has been resolved in the case of Pritty v. The United Kingdom. The European Court of Human Rights in this case was not convinced that the “right to life” guaranteed by Article 2 of the Convention could be interpreted negatively. As for Ukraine, euthanasia in our country is being prosecuted and considered a crime. In particular, according to the Fundamentals of Healthcare Legislation, medical professionals are prohibited from taking deliberate actions aimed at ending the life of a patient who is terminally ill to end his or her suffering. The Civil Code of Ukraine contains a similar warning about the prohibition to deprive a person of his life at his request. Conclusions.The European Court of Human Rights does not consider that the content of art. 2 of the Convention it is possible to derive the “right to die”. This right does not come from the right not life, is not an independent right, can not be a fundamental right, to which all the guarantees of art. 2 of the Convention. With regard to passive euthanasia, the ECtHR does not, in fact, prohibit it; it proceeds from the human right to dispose of one’s life. Speaking about the introduction of the euthanasia procedure in the national legal order, the ECtHR did not give a clear assessment on this issue. In fact, the ECtHR has taken the position that it is not entitled to assess national legislation in terms of introducing effective mechanisms to protect their citizens’ right to life.

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.

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