JUDICIAL PROTECTION AS ONE OF THE GUARANTEES OF THE COURTS IN UKRAINE

The article reveals the features of judicial protection as one of the key guarantees of the activities of courts in Ukraine. It has been established that the peculiarities of judicial protection as one of the key guarantees of the activities of courts in Ukraine are regulated by the Constitution of Ukraine, the Law of Ukraine «On state protection of employees of the court and law enforcement agencies», the Law of Ukraine «On the National Police», the Law of Ukraine «On the judicial system and the status of judges», by the decision of the High Council of Justice «On approval of the Regulations on the Judicial Protection Service», by the Decision of the Council of Judges of Ukraine «On measures to ensure the safety of courts and judges, the protection of courts and persons involved in the implementation of legal proceedings». It was determined that, in addition to the Judicial Protection Service, security functions are performed by units of the National Police of Ukraine and units of the National Guard of Ukraine. It was found that the Judicial Protection Service is a state body that functions in the justice system and whose main task is to ensure the protection and maintenance of proper order in the courts. It has been established that the Judicial Protection Service is subordinate to the High Council of Justice, and the State Judicial Administration of Ukraine controls the activities of the Judicial Protection Service. It was determined that the procedure for the passage of service by employees of the Judicial Protection Service is established in accordance with the procedure approved by the High Council of Justice, moreover, on the proposal of the Head of the Judicial Protection Service and in agreement with the State Judicial Administration of Ukraine. It was found that the safety of judges, as well as the protection of court buildings, is one of the main guarantees of the independence of judges and the justice system as a whole. It has been established that in order to increase the effectiveness of judicial protection, initiated cooperation has been established with the Ukrainian-Canadian Judicial Reform Support Project, as well as have been developed and implemented the Ukrainian-Canadian Judicial Reform Support Project and the European Union «Law-Justice» Project . It is noted that the structure of the Judicial Protection Service consists of the central governing body and territorial offices of the Service. It is proposed in the perspective of further research to reveal the legal features of the procedure for admission to the position of candidates for service in the Judicial Protection Service.

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Judicial protection in the law of the European Union

Glasnik Advokatske komore Vojvodine ◽

10.5937/gakv0005205m ◽

2000 ◽

Vol 72 (8-9) ◽

pp. 205-213

Author(s):

Vladimir Medović

Keyword(s):

European Union ◽

Main Task ◽

The European Union ◽

Basic Principles ◽

National Courts ◽

Legal Remedies ◽

Court Of Justice ◽

The Law ◽

Judicial Protection ◽

Original Concept

The rule of law is one of the basic principles upon which the European Union is founded. According to the Court of Justice this principle assumes that neither the institutions of the Union nor its Member States can avoid a review of the question whether the measures adopted by them are in conformity with the basic constitutional charter, the Treaty. With that respect the Treaty established a complete system of legal remedies and procedures designed to permit the Court of Justice to review the legality of measures adopted by the institutions. The Judicial system of the European Communities, as one of the three pillars of the Union, is based on the original concept, which provides for cooperation between the Court of Justice and the national courts. The main task of the Court of Justice, entrusted by the Treaty, is to ensure that in the interpretation and application of the Treaty the law is observed.

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ВЕТЕРИНАРНА МЕДИЦИНА УКРАЇНИ І ЧАС РЕФОРМ

Scientific Messenger of LNU of Veterinary Medicine and Biotechnology ◽

10.15421/nvlvet7040 ◽

2016 ◽

Vol 18 (3(70)) ◽

pp. 171-174

Author(s):

B.M. Kurtyak ◽

M.S. Romanovych ◽

T.O. Pundyak ◽

L.V. Romanovych ◽

R.V. Voloshin

Keyword(s):

Veterinary Medicine ◽

Food Safety ◽

Consumer Protection ◽

The State ◽

Main Task ◽

The European Union ◽

Government Control ◽

State Service ◽

Primary Responsibility ◽

The Law

The State Service of Ukraine on issues of food safety and consumer protection (Derzhprodspozhyvsluzhba) is a central executive body that implements the state policy in the field of veterinary medicine, the fields of security and individual food quality indicators, identification and registration of animals, sanitary legislation, market surveillance within the scope of their responsibilities, the state control over observance of legislation on consumer protection and advertising in this area in accordance with the law of Ukraine «on basic principles and requirements for safety and quality of food», which entered into force on 20 September 2015. This law establishes a new approach to food safety. The primary responsibility for food safety lies with the manufacturers, and government control is not directed to the finished product, and the production and trafficking.The only supervisory body in the field of food safety in Ukraine, according to the law, is the State Service for Food Safety and Consumer Protection. Service exercises its powers directly and through its territorial bodies – food safety and veterinary control products in all areas of Kiev, and cities of regional subordination, areas.As a result of the creation in Ukraine Derzhprodspozhyvsluzhby obtained a clear hierarchy of government veterinary medicine, required by the European Community, in particular, is structurally complies with the requirements of the European Union. Their main task – the diversity of the state veterinary supervision and its periodicity.

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STATE MANAGEMENT IN THE AREA OF ENSURING THE SECURITY OF THE COURT AND PARTICIPANTS IN LEGAL PROCEDURES

Journal of Security and Sustainability Issues ◽

10.9770/jssi.2020.10.1(6) ◽

2020 ◽

Vol 10 (1) ◽

pp. 73-89

Author(s):

Vadym Kolomiiets ◽

Tetiana Lukianenko ◽

Daria Lazareva ◽

Nana Bakaianova ◽

Oksana Kadenko

Keyword(s):

Public Management ◽

Legal Regulation ◽

The State ◽

State System ◽

Situational Analysis ◽

Judicial Reform ◽

Legal Proceedings ◽

State Management ◽

The Usa ◽

Judicial Protection

The authors investigated the features of the legal regulation of the functioning and organizational aspects of the activities of the authorities, the competence of which includes ensuring the security of the court, judges, and other participants of legal proceedings.Particular attention is paid to the intergovernmental body of the Council of Europe - The European Committee on Legal Co-operation (CDCJ), one of the activities of which is to ensure the proper functioning of the judiciary. The features of the general project between the CDCJ and Ukraine “Support for judicial reform in Ukraine (voluntary contribution)” are identified. The features of the activities of sheriffs in Canada and the USA, the regulatory documents of these countries, which determine the status and competence of the sheriffs in the field of judicial protection, are highlighted. The chronology of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings, from 1997 to the present, is investigated. In the course of the study, the authors have been determined the individual stages of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings; the competence of state bodies to ensure judicial protection and the legal basis for their activities, depending on the period of operation. The content of the norms of some regulatory legal acts of Ukrainian legislation, which regulates the activities of the bodies responsible for ensuring the security of the court, judges, and other participants of legal proceedings, is disclosed. The scheme of “gap” while elemental situational analysis of safety of participants in legal proceedings is examined. A matrix for ranking the factors of complex security of participants of judicial system and recommendations on development of public management in the area of legal and judicial security.

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THE ROLE OF THE JUDICIARY IN THE CONSTITUTIONAL AND LEGAL MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS

International scientific journal Internauka Series Juridical Sciences ◽

10.25313/2520-2308-2021-7-7417 ◽

2018 ◽

Author(s):

Mariana Khmyz ◽

Keyword(s):

Human Rights ◽

Civil Rights ◽

Legal Aspect ◽

Legal Protection ◽

The State ◽

Time Dynamic ◽

Protection Of Human Rights ◽

The Law ◽

Judicial Protection

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.

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Pieteikuma tiesības administratīvajā tiesā: nacionālo tradīciju un Eiropas Savienības tiesību savstarpējā mijiedarbība

Tiesības un tiesiskā vide mainīgos apstākļos ◽

10.22364/juzk.79.54 ◽

2021 ◽

pp. 474-480

Author(s):

Inga Bērtaite-Pudāne ◽

Keyword(s):

European Union ◽

Administrative Law ◽

The European Union ◽

European Union Law ◽

Procedural Law ◽

National Courts ◽

The Law ◽

Judicial Protection

Standing before court is one of the preconditions for admissibility of application, which is to be evaluated by a judge in every administrative case. The article proposes to look at this aspect of the national procedural law on a broader scale. Firstly, the article provides an insight as to how two fundamental models of standing vested by the administrative law have developed in the law of continental Europe – interest-based, which is embodied by France, and rights-based, which is embodied by Germany, and how they have influenced development of the standing in other countries. Secondly, the article explores an interaction between the national law of standing and the European Union law, focusing on the effect of the principle of effective judicial protection in respect of standing of individuals before the national courts.

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Peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine.

Naukovyy Visnyk Dnipropetrovs kogo Derzhavnogo Universytety Vnutrishnikh Sprav ◽

10.31733/2078-3566-2021-3-289-293 ◽

2021 ◽

Vol 3 (3) ◽

pp. 289-293

Author(s):

Inna Sichkovska

Keyword(s):

Criminal Liability ◽

Criminal Code ◽

The State ◽

Scientific Article ◽

Main Task ◽

Criminal Proceedings ◽

Procedure Code ◽

Criminal Offenses ◽

National Police ◽

Do So

. The scientific article is devoted to the issues of peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine. It is determined that it should be understood as the interaction of employees of inquiry units with operational units of the National Police of Ukraine. The classification, forms and principles of such interaction are specified. The interaction between the coroner and the operative unit during the pre-trial investigation in the form of an inquiry has limits set by the legislator: it can be carried out at any stage of the pre-trial investigation in the form of an inquiry, but must end with the closure of criminal proceedings. application of coercive measures of medical or educational nature, petition for release of a person from criminal liability. When investigating criminal offenses, investigators interact with employees of operational units of the National Police, security agencies, the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation, bodies supervising compliance with tax and customs legislation, the State Penitentiary Service of Ukraine, the State Border Guard services of Ukraine on the basis of the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Procedure Code, the Laws of Ukraine «On the National Police», «On operational and investigative activities», etc. The investigator, exercising his powers in accordance with the requirements of the CPC of Ukraine, is independent in his procedural activities, interference in which persons who do not have the legal authority to do so is prohibited. The main task of interaction of inquiry units of the National Police of Ukraine with other structural subdivisions of the National Police is prevention of criminal offenses, their detection and investigation, bringing to justice the perpetrators, compensation for damage caused by criminal offenses, restoration of violated rights and interests of individuals.

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3. What is ‘justice’?

10.1093/he/9780198835837.003.0003 ◽

2021 ◽

pp. 55-93

Author(s):

Steve Case ◽

Phil Johnson ◽

David Manlow ◽

Roger Smith ◽

Kate Williams

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Criminal Law ◽

Justice System ◽

Social Issues ◽

The State ◽

Government Institutions ◽

Absolute Sense ◽

The Law

This chapter examines justice in an absolute sense, and also justice in the context of the criminal justice system. The criminal justice system is the set of rules and practices under which government institutions and agencies act in order to prevent or control crime, to deal with those who break the law, and to support victims. ‘Justice’ in the context of ‘criminal justice’ refers to the extent to which the system aims to prevent or reduce offending; ensures that those who are accused, convicted, and sentenced are treated fairly (justly); and works to support victims and communities. Justice should be guaranteed by the law, especially the criminal law, in any state and should be clearly present in all decisions about crime and social issues made by those working for the state. As such, justice is core to almost every aspect of the criminal justice system. The chapter also considers broad definitions of justice; frameworks called criminal justice models on which understandings of justice in the criminal justice system can be anchored; philosophical ideas about the concept of justice; and the main systems used to bring about criminal justice.

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Akses Keadilan Sebagai Perlindungan Hukum Bagi Perempuan Berhadapan Dengan Hukum Dalam Sistem Peradilan Pidana

Hukum dan Masyarakat Madani ◽

10.26623/humani.v9i1.1445 ◽

2019 ◽

Vol 9 (1) ◽

pp. 72

Author(s):

Ani Triwati

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

The State ◽

Access To Justice ◽

Political Rights ◽

Civil And Political Rights ◽

The Law ◽

The Republic ◽

The Right

<div>Negara mengakomodir hak setiap orang termasuk hak perempuan berhadapan dengan hukum dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Perempuan berhadapan dengan hukum mempunyai hak untuk memperoleh akses keadilan. Sebagai negara yang telah meratifikasi Kovenan Internasional tentang Hak-Hak Sipil dan Politik dengan Undang-Undang Nomor 12 Tahun 2005 tentang Pengesahan International Covenant on Civil and Political Rights, Indonesia berpedoman pada Konvensi tersebut dalam mewujudkan persamaan semua orang di hadapan hukum dan peraturan perundang-undangan, larangan diskriminasi serta menjamin perlindungan yang setara dari diskriminasi, termasuk jenis kelamin atau gender. Selanjutnya, Indonesia sebagai pihak dalam Konvensi Penghapusan Segala Bentuk Diskriminasi Terhadap Perempuan (Convention on the Elimination All of Forms Discrimination Against Women/ CEDAW) mengakui kewajiban negara untuk memastikan bahwa perempuan mempunyai akses keadilan dan bebas dari diskriminasi dalam sistem peradilan (pidana). Dalam upaya memberikan akses keadilan, negara menjabarkan jaminan hak perempuan berhadapan dengan hukum dalam peraturan perundang-undangan. Sistem peradilan pidana merupakan salah satu upaya dalam memberikan akses keadilan sebagai perlindungan bagi perempuan berhadapan dengan hukum melalui perlindungan terhadap hak-hak perempuan selama pemeriksaan dalam setiap tahap peradilan. The rights of every person including rights of women encounter the law are accommodated by the state based on the Constitution of the Republic of Indonesia of 1945. Women’s in law having the right in terms of accessing justice. As a nation that ratify the International Covenant on Civil and Political Rights with Law Number 12 of 2005 regarding the legitimation of the International Covenant on Civil and Political Rights, Indonesia refers to the convention in realizing the equality of all people before laws and regulations, prohibition of discrimination and guarantee the equal protection from any form of discrimination, including gender. Furthermore, Indonesia as a part in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) admit the obligation of the state to ensure that women are capable accessing justice and exempt from discrimination in the criminal justice system. In an effort to provide access to justice, the state elucidates the guarantee of the rights of women’s in the laws within the law regulations. Therefore, The criminal justice system is the one of an effort providing access to justice as well as the protection for women’s in law through the protection of women's rights during investigation at every stage of justice.</div>

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Interaction between the state migration service and the national police – an important guarantee of human rights

Slovo of the National School of Judges of Ukraine ◽

10.37566/2707-6849-2021-1(34)-3 ◽

2021 ◽

pp. 29-38

Author(s):

Valeriia Golub

Keyword(s):

Human Rights ◽

Law Enforcement ◽

Migration Policy ◽

The State ◽

Public Order ◽

Constitutional Rights ◽

Joint Work ◽

Law Enforcement Agencies ◽

The Law ◽

National Police

The study is devoted to the problem of the need to increase the efficiency of the law enforcement system of Ukraine, its institutions such as the State Migration Service of Ukraine and the National Police of Ukraine. The article considers one of the areas of intensification of the system of the Ministry of Internal Affairs - the organization of their interaction, namely: a comprehensive approach to the state to ensure the constitutional rights and freedoms of man and citizen in Ukraine, effective measures to ensure public order and public security. Emphasis is placed on the need to take further steps to strengthen the interaction between the National Police and the State Migration Service, study and use in this process the positive experience of the law enforcement system of Ukraine. Appropriate measures are proposed for more effective cooperation between the State Migration Service and the National Police in ensuring human rights and freedoms in Ukraine. Considering the experience of the results of joint activities of the SCSU and the NPU on the protection of constitutional human rights and freedoms in the Kharkiv region, the study provides sound proposals for further and more effective promotion of such forms of work. The article provides examples of practical results of joint work of the SCSU and NPU, which confirm the feasibility of establishing cooperation in the functioning of these law enforcement agencies. The situation in the country with the protection and realization of the rights of some categories of foreign citizens and stateless persons staying on the territory of Ukraine is also analyzed. The study examines the current situation in the country with the protection of refugee rights, highlights the factors that force society and government agencies that determine migration policy in Ukraine, to pay attention to this, to focus on the factors and consequences of these violations. Keywords: National Police of Ukraine, State Migration Service of Ukraine, interaction, law enforcement body, human rights, migrant, refugee, public safety, public order.

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SOME LEGISLATIVE STEPS TO INCREASE THE EFFICIENCY OF THE IMPLEMENTATION OF THE CRIMINOLOGICAL POLICY OF THE STATE IN THE ACTIVITIES OF CERTAIN BODIES

Juridical science ◽

10.32844/2222-5374-2020-106-4-1.03 ◽

2020 ◽

Vol 1 (4(106)) ◽

pp. 23-30

Author(s):

Н. С. Сидоренко

Keyword(s):

Criminal Justice ◽

Crime Prevention ◽

Criminal Procedure ◽

The State ◽

Security Service ◽

Procedure Code ◽

Criminal Offenses ◽

The Status ◽

The Law ◽

National Police

The relevance of the article is that to obtain the status of mandatory for implementation, these conceptual provisions must be enshrined in the relevant regulations. Therefore, in order to increase the effectiveness of the criminological policy of the state in the activities of individual bodies of criminal justice, it is necessary to search for ways to improve the legislative mechanism of its implementation. The purpose of the article is to find legislative steps to improve the implementation of criminological policy of the state in the activities of individual bodies of criminal justice. Some legislative steps to increase the effectiveness of the implementation of criminological policy of the state in the activities of certain bodies of criminal justice. The search for legislative steps to increase the effectiveness of the implementation of criminological policy of the state in the activities of certain bodies of criminal justice. It is concluded that in the current CPC of Ukraine there are no direct rules authorizing the criminal justice authorities to prevent activities. First of all, it concerns the identification of the causes and conditions that contribute to the commission of criminal offenses and the taking of measures within their competence to eliminate them. That is, investigators and investigators have the power to identify and eliminate the causes and conditions of crime, according to the Law of Ukraine "On the National Police", and the mechanism for exercising this power, which should be contained in the CPC of Ukraine, is absent. To increase the effectiveness of the implementation of criminological policy of the state it is advisable, in particular: in Article 1, Part 2 of Article 9, para. 3 part 1 of Art. 22 of the Law of Ukraine "On the National Police" to replace the phrase "combating crime" with "crime prevention". In addition, in Article 2 of the same Law, one of the tasks of the police, instead of "combating crime", it is desirable to define "crime prevention"; The Law of Ukraine “On the Security Service of Ukraine” should be supplemented with guarantees regarding non-interference in the activities of SBU employees as follows: “Any written or oral instructions, requirements, instructions, etc. addressed to the Security Service of Ukraine or its employees proceedings and not provided for by the Criminal Procedure Code of Ukraine, are illegal and not enforceable. In case of receiving such instructions, requirements, instructions, etc., the employee of the Security Service of Ukraine shall immediately inform the head of the Security Service of Ukraine in writing".

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