scholarly journals Comparison of Emergency State Regulation Experiences in Latvia, France and Belgium

2021 ◽  
Vol 2 (20) ◽  
pp. 40-57
Author(s):  
Ieva Bērziņa ◽  
Coline Jeancourt-Galignani
Keyword(s):  
Human Rights ◽  
National Security ◽  
Legal Framework ◽  
State Regulation ◽  
State Institute ◽  
Legal Norms ◽  
Legal Provisions ◽  
National Legal System ◽  
Historical Comparative ◽  
National Framework

The article analyses the legal framework of emergency state in three countries – Latvia, France and Belgium. The aim of the study is to identify problems thus to improve the national legal framework. Given that the concept of emergency state has gained its relevance in 2020 with the spread of the Covid-19 disease, it has been found that the Emergency State Institute and its legal framework is an important part of every country’s national legal system, as it is a mechanism that helps to strengthen national security in case of external and internal dangers. Analysis of the legal framework of emergency state in Latvia in the context of the selected legal framework of two other countries is an effective way to assess whether the national legal framework requires improvements. In the research such methods were used as cognition, monographic, historical, comparative and analytical method, as well as interpretation of legal provisions recognized in scientific law, which contributed to understanding of the scope of legal norms in national constitutions and other related legislation in the context of the topic. In the result of the study differences in national basic laws and special laws were mainly identified, including the aspect of restriction of human rights, thus contributing to reflection and drawing conclusions on the necessary changes to the national framework. Research also outlines functioning and competence of municipality work in an emergency state.

scholarly journals The Securing a Claim in the Context of Sustainable Development: An Evaluation of the Latvian Experience

2021 ◽  
Vol 10 (4) ◽  
pp. 281
Author(s):  
Andrejs Gvozdevičs
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Legal Framework ◽  
Legal Regulation ◽  
Theory And Practice ◽  
The Sustainable Development ◽  
Legal Norms ◽  
Inductive Methods ◽  
Protection Of Human Rights ◽  
The Right

Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right of everyone to a fair and public hearing by an independent and impartial tribunal established by law. An important guarantee, such as the enforcement of a court judgment, is also enshrined in human rights theory and practice, as unenforced judgments pose a threat to legal stability, which is one of the fundamental basis for the sustainable development of society. The institute of law of the securing a claim serves in cases where execution of the future judgment may be impossible or made substantially more difficult. The aim of the research is to study the legal framework, which determines the regulations of the securing a claim in Latvia in order to make proposals for enhancement of the legal framework. The research deployed descriptive, analytical and deductive-inductive methods as well as the methods of interpretation of legal norms. Using these methods, legal acts, views of legal scientists and case law were reviewed and analyzed, and subsequently conclusions and recommendations were made. Analyzing the development of the securing a claim it can be admitted that this institute of law in Latvia has problems as the application of the securing a claim in court practice within the framework of limited adversarial and dispositivity principles, as well as shortcomings in the theoretical foundations of the securing a claim which are based on the findings of legal scientists of the last century. As a result of the research, the author drew the conclusions, that Latvia does not make sufficient use of the long-standing successful procedural solutions for securing a claim in others states, such as court mortgages, bank guarantee or mortgage of the plaintiff to secure the defendant's losses, defendant's protection letter to protect against unjustified securing a claim, a possibility to secure a claims which are not financial in nature and many more that can make legal regulation of the securing a claim more modern and effective.

IMPROVEMENT OF MECHANISMS OF PUBLIC ADMINISTRATION IN FIELD OF FIRE SAFETY AS A COMPLEX NATIONAL SECURITY

2018 ◽  
Vol 1 (12) ◽  
pp. 80-93
Author(s):  
Sergey Georgiyovych Bugaytsov ◽  
Vasyl Anatoliyovych Shoyko
Keyword(s):  
National Security ◽  
Fire Safety ◽  
Emergency Situation ◽  
Legal Framework ◽  
State Regulation ◽  
The State ◽  
Industrial Facilities ◽  
State Management ◽  
Independent Expert ◽  
State Governance

The article describes the objects of administrative influences from the position of development of the sphere of fire safety. Mechanisms of state management of the fire safety sphere in Ukraine are investigated. The main causes of fires in Ukraine are identified according to experts. Proposals have been made on the necessary changes to the law of Ukraine “On the Fundamentals of National Security of Ukraine”. The proposed scientific and theoretical foundations of mechanisms for the implementation of state governance in the field of fire safety. It was determined that the state should always act as a reliable guarantor of mandatory liability of organizations operating hazardous industrial facilities, establish criteria for determining the amount of financial security for civil liability for damage caused by an emergency situation related to the occurrence of a fire; introduction of scientifically sound approaches to the assessment of fire damage with the involvement of independent expert organizations; development of the regulatory and legal framework for the implementation of supervisory functions and ensuring the responsibility of managers of enterprises (institutions, organizations) and executive authorities in the field of fire safety. At the same time, it is justified that the main indicators in the state regulation should be considered: the frequency of fires, losses, the costs of measures to prevent and eliminate emergencies associated with the occurrence of a fire and prevented damage. It is specified that the understanding of the importance of fire safety as a priority component of national security is not very deep in our opinion, is also due to the fact that the losses that result from the occurrence of fires are not always properly calculated. In our opinion, the calculations of only a set of known losses can not expose all the costs that the state and society bear on the results of fires. The most obvious example is the consequences of a fire in the forest.

scholarly journals TO CHARACTERIZE THE CURRENT STATE OF LEGAL REGULATION OF PENSIONS OF JUDGES

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 269-275
Author(s):  
Ю. І. Соколова
Keyword(s):  
Public Relations ◽  
Social Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Norms ◽  
Legal Provisions ◽  
The Status ◽  
General Order ◽  
Definition Of ◽  
The Impact

The relevance of the article is that when forming a theoretical and legal position on the content of a phenomenon or object, the issue of its settlement by law is especially important. The study of various aspects of judges' pensions has shown the key role of the normative component in the content of this problem, through which the legal reality establishes its influence on the relations arising in the field of pensions of judges. It should be noted that the legal regulation is characterized by the following features: it is, first, the impact of law on public relations, which is carried out through a separate group of legal instruments - legal norms; secondly, normative-legal regulation is a part of complex legal influence, in other words, it shows only one of clusters of legal regulation of the corresponding object; thirdly, the intensity, efficiency, breadth and other mechanical factors of legal regulation directly depend on the quality and system of legal provisions and norms that build the content of the category. The article, based on the analysis of scientific views of scientists, proposes the author's definition of the concept of legal regulation of judges' pensions. The main normative-legal acts of the legislative and by-law level which fix the principles of regulation of public relations in the field of pension provision of judges are singled out. It is concluded that the main feature of the legal regulation of judges' pensions is the presence of two groups of legal documents, namely: general, which establish guarantees of social protection and pensions in Ukraine as a whole, led by the Constitution, and special - the Law of Ukraine "On Judiciary and the Status of Judges" dated 02.06.2016 №1402-VIII, documents of judicial self-government bodies - establish the peculiarities of judges receiving pensions and monthly lifetime allowance. At the same time, the disadvantage of the special legal framework is the lack of norms that clearly explain the procedure and features of both types of pensions for judges, by paying them pensions in the general order and a monthly lifetime allowance. In particular, the special normative-legal base does not explain the content of the monthly lifetime cash maintenance and the main points of its legal significance.

scholarly journals Laws on multi-lingual public inscriptions in the Republic of Serbia and their implementation in practice in the Vojvodina province

1997 ◽  
Vol 69 (3) ◽  
pp. 439-447
Author(s):  
Tamaš Korhec
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
Minority Languages ◽  
Legal Norms ◽  
National Minorities ◽  
Legal Provisions ◽  
The Republic ◽  
The Right ◽  
Vojvodina Province

Many international documents for the protection of national minorities guarantee the right - in areas populated by national minorities - for the use of minority languages on public inscriptions (geographic names, street names etc.). Previous Vojvodina Laws, as well as the actual Serbian Law (Law on official use of language and script from 1991) prescribe that ..public inscriptions shall be in minority languages as well, in areas populated with minorities". Furthermore Serbian Law provides heavy fines for violators (from 400 dem-24000 dem in Dinars). In spite of clear legal norms and sanctions, these pro-minority provisions are very often violated in practice. Whatsmore, according to the recent study of one Human Rights NGO from Subotica ..Equality" Republican state organs often prevail in violation, of course allways for the loss of minority languages. According to this study procedures were never initiated, or nobody was ever fined for these violations. It is characteristic that, as in other areas the pretty correct legal provisions are not implemented if the regime have no interest - as in case of minority rights.

The Politics of Plausible Legality

2018 ◽  
Author(s):  
Rebecca Sanders
Keyword(s):  
Human Rights ◽  
National Security ◽  
International Law ◽  
State Violence ◽  
Global War On Terror ◽  
Human Rights Abuses ◽  
Political Actors ◽  
Legal Norms ◽  
Legal Rules ◽  
Global War

After 9/11, the Bush administration and, to a lesser degree, the Obama administration authorized controversial interrogation, detention, trial, lethal targeting, and surveillance practices. At the same time, American officials frequently invoked legal norms to justify these policies. This chapter introduces the book’s central questions: how can we make sense of these attempts to legalize human rights abuses and how does law influence state violence? As initially outlined in this chapter, the book argues that national security legal cultures shape how political actors interpret, enact, and evade legal rules. In the global war on terror, a culture of legal rationalization pushed American authorities to construct plausible legality, or legal cover for contentious counterterrorism policies. This culture contrasts with cultures of exception and cultures of secrecy, which have shaped American national security practice in the past, as well as a culture of human rights favored by many international law and human rights advocates.

scholarly journals Historical stages of development of the mechanism of state regulation of the institution of adoption

2020 ◽  
pp. 256-259
Author(s):  
Kyrylo Dombrovsky
Keyword(s):  
Legal Status ◽  
Social Institutions ◽  
Social Institution ◽  
Legal Framework ◽  
State Regulation ◽  
Customary Law ◽  
Order Property ◽  
Legal Norms ◽  
Social Forms ◽  
The Times

The article considers adoption as one of the oldest social institutions. The mechanism of state regulation of the institution ofadoption has a long history of formation and development. During the historical development of the institution of adoption, thiscategory of concepts has been improved, acquired new meaning and justification.In the primitive communal system, in order to survive, people had to stick together, work collectively and raise children together.Therefore, it was believed that in such a society, orphanhood did not exist.The institution of adoption as a social phenomenon is characterized by its customs and traditions, but its development andformation as a social institution are ambiguous and depend on the level of development of society, national characteristics andprevailing relations in society.The development and formation of the mechanism of state regulation of the institution of adoption can be traced back to ancientRome. Adoption was extremely widely used and took various social forms. Over the centuries, different peoples have changed the goals,conditions, order, property and non-property consequences of the adoption of another’s child, and sometimes adults. This was due tovarious purposes, which were determined by the historical, religious, social and political conditions of society at one or another stageof its development.The formation of the mechanism of state regulation of the institution of adoption in the times of Kievan Rus was taking intoaccount customary law. On the basis of customary law, the first legal norms on adoption in the collection of ancient Russian law“Russian Truth” are formed.The period of the Grand Duchy of Lithuania and the Commonwealth is characterized by the legal status of the child in the threeLithuanian statutes. Significant changes in the improvement of the care system took place during the reign of Catherine II.In Soviet times, the development of the mechanism of state regulation of the institution of adoption in Ukraine began with theadoption of legislation, the rules of which regulated the institution of adoption. During Ukraine’s independence, there were changes inthe mechanism of state regulation of the institution of adoption.Traditions, customs and rites, historical experience in regulating adoption relations show that they have become a core for theUkrainian state to create its own legal framework in the field of adoption.

scholarly journals COOPERATION OF STATES IN THE FIELD OF COMBATING CYBER CRIME AND APPROACHES TO SOLVING THE PROBLEM OF CYBER TERRORISM

2021 ◽  
pp. 35-48
Author(s):  
Karina Shakhbazian ◽  
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
National Security ◽  
International Cooperation ◽  
Information And Communication Technologies ◽  
Communication Technologies ◽  
Legal Framework ◽  
The State ◽  
Information Protection ◽  
Information And Communication

Currently, society is evolving into information one, which, on the one hand, simplifies the interaction between participants in public relations, and on the other hand, increases the risk of human rights violations, when using information and communication technologies. Changing the structure and scope of information transfer requires both the subjects of social relations, which have a personal interest in ensuring the highest possible level of security of transmitted data, and the state as a whole as a guarantor of the stability of the legal field of public relations. It is obvious that national security largely depends on information security, and in the course of technical progress, this dependence is only growing. Information, acting as an economic and social guarantee of stability of existence and development of society and the state, is the object of close attention and influence of the state. The introduction of e-document management and the creation of interconnected information resources have made information vulnerable to outside interference.The choice is made by the individual user of information-and-communication technologies, by civil society as a whole (for example, by opposing or supporting certain state policies inthe information sphere) and by public authorities, as they decide on lawmaking and implementation of relevant norms. Each state is constantly balancing between the principles of respect for human and civil rights and freedoms, integration into the international community, the need to ensure economic growth and national security. However, no domestic policy should outweigh the need for international cooperation in the fight against crime, which should be based on the principles of openness, mutual assistance, development of new forms of cooperation. It seems that international cooperation in the fight against cybercrime should be carried out with the participation of all countries.The legal basis of the regime of preservation of information in internationallaw includes the following components: basic principles of human rights protection; the procedure for cross-border circulation of information; protection of confidential information; the status of international bodies implementing a unified legal policy in the field of information protection and its implementation. It seems that international cooperation in the fight against cybercrime must be carried out with the participation of all countries. At the same time, based on a generalized analysis of the legal framework of international, European and national legislation of the EU countries, a certain approach to the implementation of international cooperation in combating cybercrime is proposed: improving the legal framework for international cooperation, harmonized implementation of developed legal norms into national legislation, improving approaches to information exchange.

Making Human Rights a Reality

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
International Law ◽  
World Population ◽  
International Human Rights Law ◽  
Legal Norms ◽  
Human Rights Protection ◽  
National Human ◽  
The World ◽  
Protection Of Human Rights ◽  
National Human Rights Institutions

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.

SOCIAL ASPECTS OF NATIONAL SAFETY OF THE STATE

2018 ◽  
pp. 7-12
Author(s):  
O. B. Berezovska-Chmil
Keyword(s):  
Sustainable Development ◽  
Social Security ◽  
National Security ◽  
Negative Impact ◽  
Empirical Studies ◽  
State Regulation ◽  
The State ◽  
Potential Threat ◽  
Role Of The State ◽  
Level Of Economic Development

  In this article theoretical and еmpirical analysis of social security are conducted. Ways of the optimization social security are argumented. The author notes that significant transformation processes are taking place in the country. They affect the state of security. It is noted that with the development of scientific and technological progress the number of threats and dangers does not decrease. At the same time, the essence of the phenomenon of "danger" is revealed. Empirical studies have been carried out on the basis of an analysis of problems related to ensuring the necessary safety of people. It is established that in recent times organized crime, including cybercrime, has spread widely in Ukraine. It has a negative impact on ensuring national security and sustainable development. A number of factors have been singled out. They are a potential threat to national security. Groups of possible dangers are determined. Summarizing the opinions of scientists, the essence of the concept of "social security" is characterized. It is emphasized that its state is influenced by the level of economic development, the effectiveness of social policy of the state and state regulation of social development. The authors have grounded the formation of national and social security, have proved that sustainable development is connected with the observance of social standards; have considered the development and implementation of a balanced social and environmental and economic policy. This policy would involve active use of the latest production technologies, minimizing the amount of harmful emissions to the environment, strengthening the role of the state in solving social and economic problems and sustainable development.

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