THE CONTENT OF THE INTERNATIONAL STANDARDS OF THE COUNCIL OF EUROPE ON THE PROCEDURE FOR SERVING A SENTENCE OF LIFE IMPRISONMENT

2017 ◽  
Author(s):  
Ihor Melnусhenko ◽  
Keyword(s):  
International Standards ◽  
Council Of Europe ◽  
Life Imprisonment ◽  
Basic Principles ◽  
Form Of Life ◽  
Proposed Model ◽  
Life Sentence ◽  
Definition Of ◽  
The Individual

The article analyzes the content of Recommendation Rec(2003)23 of the Committee of Ministers to member states on the management by prison administrations of life sentence and other long-term prisoners, which contains a thorough analysis of areas of life imprisonment, namely: the purpose of execution of punishment in the form of life imprisonment is defined; the basic principles of life imprisonment are explained; recommendations were provided on individual planning of serving a sentence of life imprisonment; clarification was provided on the assessment of the risk and needs of those sentenced to life imprisonment; recommendations on the specifics of the work of staff working with convicts sentenced to life imprisonment. As a result of the generalized analysis of the content of the international standards of the Council of Europe the system of serving of punishment in the form of life imprisonment which consists of the following stages is modeled: I - the Stage of definition of the initial estimation of the person sentenced to life imprisonment; ІІ - Stage of drawing up and realization of the plan of serving of punishment in the form of life imprisonment; ІІІ - Stage of preparation and implementation of the individual plan of release of convicts to life imprisonment; IV - Stage of adaptation of convicts to life imprisonment in society. It is determined that the proposed model of serving a sentence, which reflects the content of international standards of treatment of convicts sentenced to life imprisonment in the future may be a guide for implementation in the penitentiary activities of Ukraine.

EFFECTIVE STEPS ON THE WAY TO MODERNIZATION OF CIVIL SERVICE IN THE SYSTEM OF JUDICIARY BODIES: INTRODUCTION OF ELEMENTS OF GAME THEORY

2018 ◽  
Author(s):  
Olena Hladunova ◽  
Keyword(s):  
Game Theory ◽  
Justice System ◽  
Civil Service ◽  
Civil Servants ◽  
International Standards ◽  
Scientific Article ◽  
Basic Principles ◽  
Conflict Situations ◽  
Definition Of ◽  
The Right

In this scientific article the main elements of game theory are analyzed, the achievements of domestic and foreign scientists devoted to the consideration of such theory are investigated. The expediency of involving in the practical activity of the civil service in the system of judicial authorities effective methods used in the field of business and consisting in the use of game technologies, which have proven their effectiveness in terms of providing quality services. It is focused on the fact that game theory can play a key role in the decision-making process, however, it is important to strictly adhere to the limits of its application. Possible conflict situations in the work of civil servants of the justice system are formulated and it is investigated that in conflict conditions each so-called participant of the game makes his course, i.e. chooses his strategy, as a result of which the relevant conflict situation is outlined and a set of strategies of all players. Some examples of the use of elements of game theory are given and the content of certain types of strategies is revealed. In particular, a strategy is described, which is denoted by the term "screening". Taking into account the definition of ways to modernize the civil service, the need to include in standardized training programs for civil servants of the justice system category "B" training course, which will include the basic principles of game theory for their active use in conflict, skills to compromise in relationships with visitors to the court - recipients of court services, selection of the right strategy, consideration of theoretical and game modeling of personnel management tasks, focusing on the ability to obtain and timely provide the necessary information to create a new civil service in the judiciary that meets international standards.

scholarly journals Basic international and European standards in the field of justice and their impact on ensuring the consistency of judicial practice

1970 ◽  
pp. 74-80
Author(s):  
Petro Rudyk
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
International Standards ◽  
Council Of Europe ◽  
Basic Principles ◽  
Legal Standards ◽  
Judicial Practice ◽  
The Supreme Court ◽  
European Standards

Ukraine's integration into the European Union binds the former to approximate its legislation to international and European standards in various fields, including justice. This is also prompted by the EU-Ukraine Association Agreement and by the need for judicial reform, subject to the amendments to the Constitution of Ukraine of June 2016. The purpose of the article is to disclose basic international and European standards in the field of justice and their role in ensuring the consistency of judicial practice, which has not been studied in this aspect before. Scholars have different approaches to defining the concept of "international" and "European" legal standards in the field of justice and their division into types. The author proposes the understanding and definition of these concepts and the division of international standards into two main groups: 1) basic generally recognized international standards, that is binding international legal standards; and 2) special international standards in the field of justice that are advisory. The first group consists of the basic internationally recognized standards enshrined in UN human rights instruments, which are closely related to justice and include, in particular, everyone's entitlement to a fair and public hearing by a competent, independent and impartial tribunal. They are enshrined in the Universal Declaration of Human Rights (Article 10), the International Covenant on Civil and Political Rights (Article 14), the European Convention on Human Rights (Article 6, paragraph 1). These basic international standards are binding for democratic countries in the world and in Europe, in particular for Ukraine, as they have been ratified by it. A clear understanding of and adherence to mandatory basic internationally recognized international standards by courts of all tiers will help to ensure the consistency of judicial practice. The second group of international standards in the field of justice consists of the Basic Principles on the Independence of the Judiciary, approved by the resolutions of the UN General Assembly (1985), the Bangalore Principles of Judicial Conduct, approved by the UN Economic and Social Council Resolution (2006), recommendations of the Committee of Ministers of the Council of Europe, and opinions of the Consultative Council of European Judges for the attention of the Committee of Ministers of the Council of Europe, etc. They emphasize the need to adhere to such basic international standards as guaranteeing the independence of the judiciary by the state and enshrining them in the constitution or laws of the country, and define such basic principles of the functioning of the judiciary and judges as independence, objectivity, honesty, incorruptibility, observance of ethical rules, equal treatment of all parties to the proceedings, competence and diligence of courts, and so forth. Compliance with these general international standards in the field of justice will help to ensure the integrity of the judiciary in the interests of a person. Such standards and specific recommendations for ensuring the integrity of the judiciary are broadly outlined in the Consultative Council of European Judges Opinion on the Role of Courts in Ensuring the Unity of Law (2017), namely the importance of uniform application of the law, the possibility of the use of precedents, the paramount role of the Supreme Court in ensuring the integrity of the judiciary, the creation of a mechanism for filtering appeals, the inadmissibility of conflicting decisions, the importance of the role of the courts of appeal, the solid reasons for deviation from previous judicial practice, the compliance with the reporting system of courts, the application of previous decisions to specific cases, the ensuring of the principle of independence of judges, the use of various mechanisms to ensure the integrity of judicial practice. These issues were also discussed during the presentation of the Opinion in Ukraine and holding the conference Integrity of judicial practice: the view of the European Court of Human Rights and of the Supreme Court (2019).

scholarly journals Life sentence penalty and extradition under article 3 of the ECHR: A leading case of the European Court of Human Rights

2017 ◽  
Vol 7 (1) ◽  
Author(s):  
Dr.Sc. Mario Antinucci
Keyword(s):  
Human Rights ◽  
Severe Form ◽  
European Convention ◽  
Life Imprisonment ◽  
Diverse Range ◽  
Criminal Justice Reform ◽  
Form Of Life ◽  
European Court ◽  
Life Sentence ◽  
The Moment

Life sentence penalty covers a diverse range of practices, from the most severe form of life imprisonment without parole, in which a person is sentenced to die in prison so long as their sentence stands, to more indeterminate sentences in which at the time of sentencing it is not clear how long the sentenced person will spend in prison. Dealing with the question whether the extradition of a person to a foreign state where is accused of a crime for which a sentence of life imprisonment can be imposed can potentially violate article 3 of the European Convention on Human Rights.What all these sentences have in common, however, is that at the time the sentence is passed, a person is liable to be detained for the rest of his or her natural life. We all know “The United Nations Standard Minimum Rules” and relevant international instruments on the rehabilitation of imprisonment, but at the moment more than 73 States in the world retain life imprisonment as a penalty for offences committed while under the age of 18. General perspective of criminal justice reform in Latin America should take into a right account the meaning of life - imprisonment penalty under article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment or punishment.

scholarly journals Procedure and conditions of life executing punishment

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Viktor Konopelskyi ◽  
Valentyna Merkulova ◽  
Oksana Hrytenko ◽  
Kateryna Pogrebna ◽  
Harehyn Muradyan
Keyword(s):  
Legal Status ◽  
System Implementation ◽  
Special Significance ◽  
Life Imprisonment ◽  
Basic Principles ◽  
Legitimate Interests ◽  
The Law ◽  
Definition Of ◽  
Disciplinary System

The article is devoted to the consideration of essence and tendencies of reforming the criminal-executive legislation of Ukraine concerning the procedure and execution and serving life imprisonment conditions. Certain debatable provisions, both theoretical and legal, concerning procedure and conditions of life service executing punishment are considered. It is proved that clarity, completeness and system-legal balance will be facilitated by the formal reproduction in the law of classification of all criminal-executive norms of Chapter 22 of the Criminal Executive Code (hereinafter–CEC) (based on a certain criterion) into norms of general and special significance, which in turn should be divided into the following subtypes. General penitentiary provisions, which determine the initial legal status of persons sentenced to life imprisonment, provide a list and features of the rights, legitimate interests, responsibilities of convicts, ways (mechanism) to comply with safe conditions of detention, etc. General penitentiary provisions, which define the basic principles for implementation of changes in detention conditions during execution and serving a sentence (essence, tasks, forms, general requirements for material grounds for application, procedural issues of progressive system implementation, definition of disciplinary system).

Organizational knowledge transfer: creating new knowledge from old knowledge

2014 ◽  
Author(s):  
Rui Moura ◽  
Álvaro Dias ◽  
Célia Quintas ◽  
Dilar Costa
Keyword(s):  
Knowledge Transfer ◽  
Explicit Knowledge ◽  
Knowledge Society ◽  
Social Transformations ◽  
Personal Belief ◽  
New Knowledge ◽  
Definition Of ◽  
The Individual ◽  
Business Competitiveness

The definition of knowledge supported by Nonakae Takeuchi (1995) considers that it is a human process that allows justifying personal belief about the truth. The individual is an integral part and is inseparable from knowledge. The authors also distinguish explicit knowledge, which can be expressed in words and numbers, and tacit knowledge, that is held by the individual in the form of know-how, and can be identified through their habits, behaviors, emotions, values and ideas.However, there is a wealth of professional knowledge in qualified people that are apart from active life voluntarily or involuntarily, through unemployment or retirement. This source of knowledge could be (re)transformed into new sources of competitiveness for organizations.In this context, this paper seeks to present the results of an exploratory study, orientated to identify knowledge transfer processes, from pensioners and long-term unemployed, to business professionals and companies, through the adaptation of mentoring programs. Five thematic areas of knowledge transfer were considered and selected as key areas of organizational competitiveness: Entrepreneurship, Innovation, Cooperation, Distribution, and Exportation.We consider this work relevant to the extent that the processes of change, caused by world crisis, tend to split fundamental knowledge that must be preserved. With the emergence of the knowledge society, we face problems, uncertainties and challenges arising not only from the financial crises and economic recessions, but also from the social transformations that we have seen in the processes of globalization, demographic change, technological revolution and the single currency, among others.The various transformations mentioned have produced paradoxical impacts, in particular job and knowledge management and the organization of work and working time. Such changes imply that researchers find new ways to a more holistic and human-centered organization.To realize our study we constructed a methodology of knowledge transfer, largely inspired by the work of Peet, Walsh, Rawak & Sober (2010).Our methodology comprised several steps: ( a) identify the knowledge, ( b ) access to persons owning knowledge, ( c ) integrating knowledge in projects, ( d ) combine ideas and initiatives, (e ) relaying knowledge, ( f ) enhance and apply knowledge.The experiential processes developed under this study give companies a large potential to be able to achieve their change objectives, incorporate new knowledge and increase their competitiveness. In this vein, we concluded that our methodology of knowledge transfer was effective as a mean for learning and to operationalize the knowledge held by mentors in strategic areas in the field of entrepreneurship, innovation and cooperation. We also concluded, by the duration of the project and through the measurement of the effects of knowledge transfer and its return in terms of effective improvement of business competitiveness, that it must be applied on a time scale projected in the medium and long term.

LEGAL STANDARDS OF THE INFORMATION SOCIETY

2018 ◽  
Author(s):  
Nataliia Varenia ◽  
◽  
Natalia Sheludiakova ◽  
Igor Ryzhov ◽  
◽  
...  
Keyword(s):  
Information Society ◽  
Legal Regulation ◽  
International Standards ◽  
Theoretical Interpretation ◽  
Legal Standards ◽  
Legal Ideology ◽  
Definition Of ◽  
The Individual ◽  
Concept Of Information ◽  
New Generation

The article is devoted to the analysis of the essence of the information society and the definition of the conceptual characteristics of its legal standards. The lack of a coordinated scientific position of the theoretical interpretation of the concept of information society is stated. Scientific positions are grouped into two groups: the first group of scientists positions the information society narrowly, by generalizing it with information as the main resource of social reality. Another group of scientists expand the concept, introducing a number of additional key features. It is concluded that the considered society reflects the tendency of a new round of evolution of the world development of civilized peoples, which is connected with modern information and telecommunication technological progress. It is proved that the legal regulation of relations in the information society is designed to develop basic standards for the functioning of such a society, the creation of appropriate conditions for a person to be in such a society. The search for optimal means and methods of legal regulation can not be simple and one-sided, as it is necessary to take into account the positive and negative trends in society. It is stated that the information society can represent significant benefits for the state and the individual citizen to protect the legal values of democracy, equality, non-discrimination. The characteristics of the manifestation of legal standards of the information society are considered, in particular: transformation of established constitutional institutions and change of their manifestation; modification of the legal ideology of society; conflict of national practice and unification of international standards; expanding the understanding of the concept of "subject of law"; the emergence of a number of new generation rights or the expansion of the elemental composition of an established system of rights.

scholarly journals Long-Term Humoral Immune Response against SARS-CoV-2 after Natural Infection and Subsequent Vaccination According to WHO International Binding Antibody Units (BAU/mL)

Viruses ◽  
2021 ◽  
Vol 13 (12) ◽  
pp. 2336
Author(s):  
Natalia Ruetalo ◽  
Bertram Flehmig ◽  
Michael Schindler ◽  
Lutz Pridzun ◽  
Angelika Haage ◽  
...  
Keyword(s):  
Natural Infection ◽  
Serum Samples ◽  
N Protein ◽  
Humoral Immune ◽  
Reference Preparation ◽  
Binding Antibody ◽  
One Year ◽  
Definition Of ◽  
The Individual

The new WHO reference standard allows for the definition of serum antibodies against various SARS-CoV-2 antigens in terms of binding antibody units (BAU/mL) and thus to compare the results of different ELISA systems. In this study, the concentration of antibodies (ABs) against both the S- and the N-protein of SARS-CoV-2 as well as serum neutralization activity were evaluated in three patients after a mild course of COVID-19. Serum samples were collected frequently during a period of over one year. Furthermore, in two individuals, the effects of an additional vaccination with a mRNA vaccine containing the S1-RBD sequence on these antibodies were examined. After natural infection, the antibodies (IgA, IgG) against the S1-protein remained elevated above the established cut-off to positivity (S-IgA 60 BAU/mL and S-IgG 50 BAU/mL, respectively) for over a year in all patients, while this was not the case for ABs against the N-protein (cut-off N-IgG 40 BAU/mL, N-IgA 256 BAU/mL). Sera from all patients retained the ability to neutralize SARS-CoV-2 for more than a year. Vaccination resulted in a rapid boost of antibodies to S1-protein but, as expected, not to the N-protein. Most likely, the wide use of the WHO reference preparation will be very useful in determining the individual immune status of patients after an infection with SARS-CoV-2 or after vaccination.

scholarly journals Research and Human Rights – Surrogacy and Interference in Human Genome

2018 ◽  
pp. 38
Author(s):  
Kalomoira K. Sakellaraki
Keyword(s):  
Human Dignity ◽  
The Body ◽  
Hereditary Diseases ◽  
Genetic Technology ◽  
Right To Life ◽  
Council Of Europe ◽  
Human Species ◽  
Definition Of ◽  
The Individual ◽  
The Right

The development of biotechnology and life sciences has led to a clash between the endeavor for research and human dignity. Issues have been raised about biotechnological practices, not only for treatment but also for research. Genetic technology refers to the methods that make enable the interference in the structure of the genes that are found in the cell nucleus. The body of all this information is the individual's genome. By mapping the genome, it is now possible to diagnose hereditary diseases and abnormalities that humans might develop after their birth and during their lifetime. Such techniques and investigations lead not only to negative eugenics by the fetus' exclusion due to an abnormality, but to a positive one as well because perfect humans are chosen for implantation. Law, therefore, faces life as damage. Such cases have led to the enactment of a law which stipulates that life deserves/is worth per se, and the recognition of the individual's right not to be born with the value of individual is incompatible. On the contrary, it is argued that neither can the individual submit to a transcendent value of the human genus nor can the individual right to resort to Justice for a health problem that makes life difficult be annulled. Nevertheless, it appears that such a process leads to the hetero-definition of the human species and inevitably to the abasement of human dignity, since the principle of dissimilarity is abolished, and healthy patterns are created. Typical is the case of Recommendation 932 of the Council of Europe, which states that as a person has the right to life and human dignity, so one has the right to unchangeable hereditary features.

Funerals as Paschal Remembrance and Incorporation into the Risen Christ

2020 ◽  
Vol 50 (1) ◽  
pp. 69-85
Author(s):  
Sr Bénédicte Mariolle
Keyword(s):  
Cultural Context ◽  
Long Term Memory ◽  
Individual Subject ◽  
Unique Character ◽  
The 1960S ◽  
Definition Of ◽  
The Individual ◽  
The Church ◽  
With Memory

In our contemporary cultural context, the Christian references and the ritual cues no longer work as rites provided by an ecclesiastical institution in the way that they were still able to in the 1960s. The long-term memory which guaranteed the symbolic effectiveness of this rituality has evaporated. The author identifies three ways in which people’s relationship with memory has changed: it is no longer inscribed in time and space; this goes hand in hand with a form of “virtualization” of memory; but especially of its de-institutionalization, meaning that the norms guiding the ritual are no longer founded on an institutional basis linked to a collective memory, but rather on the individual subject and his or her unique character. This is a situation which poses a challenge to the Christian tradition of funerals, precisely because this is founded on a long ritual memory, which is incarnated, and is institutional. One solution to this problem has been to adapt to the expectations and aspirations of our contemporaries by relativizing traditional ritual forms. The author suggests the real question is rather to discern the specifically Christian features of ritualizing death within the long tradition of the Church and identify the elements of this deep Christian “memory” on which certain aspects of the liturgy depend for meaning. Losing this memory would endanger the proclamation of faith and Christian hope. An important source for this rereading is Augustine’s treatise De cura gerenda pro mortuis. It provides the key to interpreting this tradition, thereby enabling a definition of the characteristics of this Christian “memory” which is operative in funerals, and saying how this serves toward building Christian identity. This enables the author to outline the features of a specifically Christian ritualization of funerals for today and the implications for proclaiming a truly paschal faith.

Justice Even for the Crime Victim: Implementing International Standards

1989 ◽  
Vol 1 (1) ◽  
pp. 89-108 ◽  
Author(s):  
Irvin Waller
Keyword(s):  
United Nations ◽  
The United States ◽  
International Standards ◽  
Council Of Europe ◽  
Basic Principles ◽  
Abuse Of Power ◽  
United Nations General ◽  
United Nations General Assembly ◽  
The United Nations ◽  
Principles Of Justice

In November 1985, the United Nations General Assembly (1985) adopted a charter of victim rights — the ‘Declaration on the Basic Principles of Justice for Victims of Crime and Abuse of Power’. Governments and international organisations are now faced with the challenge of implementing these principles. The UN Declaration and the Recommendations of the Council of Europe propose specific ways by which justice and services can be improved. Countries such as Canada, England, France and the United States are passing legislation. However, even there much more is required. All governments must ensure that the principles are put into practice by the police, in victim support agencies, in mental health approaches, in reparation to victims, and for acceptable participation by the person immediately hurt by crime. Further, the United Nations, governments, and private organisations need to establish commissions to assess the needs of victims, the state of services and justice, and solutions to meet needs better. However such commissions must have a role in implementation and prevention if communities are going to be safer and ‘Justice is going to open her eyes to victims’.

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