scholarly journals Legal Regulation of Waste Management: Analysis, Problems and Directions of Solution

2020 ◽  
Keyword(s):  
Human Rights ◽  
Waste Management ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Empirical Method ◽  
The European Union ◽  
Current Case ◽  
European Court ◽  
Comparison Results ◽  
General Scientific

The development of measures to reduce waste and regulate waste management is an important issue in the field of environmental safety and environmental protection. Purpose. Analysis of legal regulation of waste management, identification of the main problems and the formation of modern solutions to problems related to waste, based on international experience, current case law of the European Court of Human Rights. Methods. Theoretical and general scientific (analysis, synthesis, systematization), empirical method (method of comparison). Results. Based on the results of the study of legal regulation of waste management in Ukraine, the main problems are identified and solutions are proposed based on the analysis of the decision of the European Court of Human Rights and by studying the experience of European countries. It was found that Ukraine has chosen the path of standardization of waste issues on the basis of established norms of the European Union, in particular the Waste Directive and a number of other regulations in this area. Conclusions. In order to regulate the field of waste management in Ukraine, it is necessary to ensure the gradual and effective implementation of measures enshrined in the National Waste Management Strategy of Ukraine until 2030, to systematize a number of legal acts of Ukraine on waste management and begin their implementation in practice.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

scholarly journals Theoretical Tools for Studying the Phenomenon of the Influence of the European Court of Human Rights Practice on Legal Activities in Ukraine

2019 ◽  
Vol 1 (85) ◽  
pp. 20-30
Author(s):  
В. А. Завгородній
Keyword(s):  
Human Rights ◽  
Scientific Intelligence ◽  
Legal Regulation ◽  
Practice Research ◽  
Human Rights Practice ◽  
European Court ◽  
Research Problems ◽  
General Scientific ◽  
The Subject ◽  
Selection Of

In this article, the existing approaches to general theoretical jurisprudence have been studied to understand the concept of «methodology» and its structure, on the basis of which the methodology of the European Court of Human Rights practice research and its influence on legal activity in Ukraine is determined. In the opinion of the owner, the most suitable for solving our research tasks is an approach in which the methodology of legal knowledge includes methodological tools and other designs, logically distributed by the conceptual and instrumental levels.As a result, the study found that the theoretical toolkit for the study of the phenomenon of influencing the practice of the European Court of Human Rights on legal activity in Ukraine are: a) universal epistemological principles (comprehensiveness, completeness, historicism, objectivity), which are the imperative requirements that guided the researcher; b) human-centered and sociological methodological paradigms that are interconnected, do not contradict and complement each other, as well as the provisions of the theories of legal influence, legal regulation, legal practice, law-making, legal interpretation, enforcement, legal relations, which became the basis for the formulation of research problems; c) anthropological, complex, dialectical, synergetic, axiological approaches, by which the strategy of scientific intelligence is determined, its specific perspective, selection of investigated facts and interpretation of research results are carried out; d) general scientific and special methods of cognition that ensure the receipt of true scientifically sound knowledge about the subject of research.

Material and Procedural Criteria for Inadmissibility of Evidence Obtained as a Result of Provocation: European Court of Human Rights Standards and Russian Jurisprudence

2021 ◽  
pp. 77-83
Author(s):  
Zagorskiy G. I. ◽  
◽  
Batishev O. V. ◽  
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Empirical Method ◽  
Scientific Data ◽  
Inadmissible Evidence ◽  
European Court ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Human Rights Standards

The question of the inadmissibility of evidence obtained as a result of provocation remains debatable in the science of the criminal process and largely uncertain in the practice of the Russian courts. The institution was accepted by the Russian legislator on the basis of the recommendations of the European Court of Human Rights but has not yet received proper legal regulation. As a research task, the authors attempted to assess two criteria used in assessing the quality of operational and investigative activities: material and procedural measures and to propose ways to consolidate the latter in the Criminal Procedure Law. An analytical method of research, generalization, comparison and systematization of scientific data, as well as an empirical method of analyzing decisions of the European Court of Human Rights and Russian jurisprudence, was used to solve this problem. It is proposed to legalize the actual duty of the courts to exclude from the evidence the data obtained as a result of provocation by supplementing the principle of presumption of innocence with the provision of the presence of the prosecution the duty to prove the absence of provocation, as well as to put the relevant basis on the list of inadmissible evidence contained in art. 75 CPC of the Russian Federation.

scholarly journals On The Role of Modern Doctrines on Human Rights (International Legal Examination)

2019 ◽  
Vol 9 (1) ◽  
pp. 5155-5158
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Criminal Court ◽  
Legal Analysis ◽  
The European Union ◽  
European Court ◽  
The Subject ◽  
Rational Consideration ◽  
Human Rights Standards

The modern doctrines on human rights, which are proposed to be considered in the context of their implementation in international legal practice, are the subject of theoretical and legal analysis in the paper. It is noted that human rights have come a long way in their formation, design and subsequent genesis, and they have finally formed by the end of the last century, and it seems that now all the necessary conditions have been created for their philosophical, legal, axiological analysis and relevant rational consideration of human rights. The advantages of international law in the field of human rights are listed; namely, it is noted that international human rights standards are universal in nature and are binding based on which states are obliged to ensure a minimum standard of those rights and freedoms that are enshrined in international acts, There are listed in the paper advantages of international legal regulation regarding human rights and freedoms, such as the supranational, mandatory and imperative nature of international acts; guarantees of protection and the possibility of restoring violated rights and freedoms of citizens; a man-centred approach in resolving disputes and conflicts arising in international practice. The role of international bodies such as the International Criminal Court, the International Tribunal for the Law of the Sea, the Court of the European Union, the European Court of Human Rights, the International Tribunals for Rwanda and the Former Yugoslavia, and the Special Court for Sierra Leone, is emphasized. Particular attention is paid to the principle of presumption of innocence, which has fundamental and quintessential characteristics in the field of human rights.

scholarly journals Castaño avoids a clash between the ECtHR and the CJEU, but erodes Soering. Thinking human rights transnationally

2020 ◽  
pp. 203228442097974
Author(s):  
Sibel Top ◽  
Paul De Hert
Keyword(s):  
European Union ◽  
Human Rights ◽  
Union Member ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Criminal Matters ◽  
European Union Member States

This article examines the changing balance established by the European Court of Human Rights (ECtHR) between human rights filters to extradition and the obligation to cooperate and how this shift of rationale brought the Court closer to the position of the Court of Justice of the European Union (CJEU) in that respect. The article argues that the ECtHR initially adopted a position whereby it prioritised human rights concerns over extraditions, but that it later nuanced that approach by establishing, in some cases, an obligation to cooperate to ensure proper respect of human rights. This refinement of its position brought the ECtHR closer to the approach adopted by the CJEU that traditionally put the obligation to cooperate above human rights concerns. In recent years, however, the CJEU also backtracked to some extent from its uncompromising attitude on the obligation to cooperate, which enabled a convergence of the rationales of the two Courts. Although this alignment of the Courts was necessary to mitigate the conflicting obligations of European Union Member States towards both Courts, this article warns against the danger of making too many human rights concessions to cooperation in criminal matters.

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

2021 ◽  
Vol 28 (2) ◽  
pp. 55-65
Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Well Being ◽  
Legal Regulation ◽  
Martial Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific ◽  
The Individual ◽  
Exhaustive List

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

scholarly journals Swiss Climate Change Law

2021 ◽  
pp. 17-47
Author(s):  
Julia Hänni ◽  
Tienmu Ma
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Climate Change Policy ◽  
The European Union ◽  
European Climate ◽  
Change Policy ◽  
European Court ◽  
Recent Innovation ◽  
The Supreme Court ◽  
Reduce Emissions

AbstractThis chapter explores the relationship between Swiss climate change law and the international and European climate change regimes. At the international level, the chapter reviews the three major international agreements regulating the field: the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol to the UNFCCC, and the Paris Agreement. And at the national and regional levels, the chapter briefly describes the CO2 Act—often considered the heart of Swiss climate change policy—and questions whether it will prove effective in achieving its explicitly stated emissions reduction targets. The chapter then reviews the most significant recent innovation in the evolution of Swiss climate change policy: joining the Emissions Trading System (ETS) established by the European Union. Due to long-standing problems afflicting the ETS, the authors raise doubts about whether Switzerland’s joining the scheme will lead to meaningful reductions in the country’s greenhouse gas emissions. As an alternative to an ETS-centric approach, the authors refer to an approach centered on human rights. Drawing on the jurisprudence of the European Court of Human Rights (ECtHR), the major international climate change agreements, other sources of international law, and the recent Urgenda decision of the Supreme Court of the Netherlands, the authors argue that under the human rights approach, Switzerland would be obligated to take stronger measures to reduce emissions than it could hope to achieve through the ETS and the CO2 Act alone.

scholarly journals Ferreira, Nuno and Venturi, Denise (2017) Tell me what you see and I’ll tell you if you’re gay: analysing the advocate general’s opinion in case C-473/16, F v Bevándorlási és Állampolgársági Hivatal.

2018 ◽  
Author(s):  
Nuno Ferreira ◽  
Denise Venturi
Keyword(s):  
European Union ◽  
Human Rights ◽  
Public Knowledge ◽  
Right Wing ◽  
The European Union ◽  
European Institutions ◽  
Court Of Justice ◽  
Hungarian Society ◽  
European Court ◽  
Poor Treatment

Hungary has been in the spotlight for all the wrong reasons for quite a while. From legislation targeting ‘foreign-operating universities’ to border walls to keep refugees from entering Hungarian territory, the populist right-wing government of Viktor Orban has been sparking outrage in many sectors of Hungarian society, and the European institutions. The most recent reason for alarm again relates to migration and refugees, an area of widespread criticism of Hungarian authorities. Building on extremely hostile policies towards refugees that have been admonished by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), Hungarian authorities now intend to resort to highly dubious means to assess the applications of individuals claiming asylum on grounds related to their sexual orientation. It was already public knowledge that this category of claimants was subjected to poor treatment by the Hungarian authorities, but recent events suggest that the authorities have reached a new low.

scholarly journals IMPLEMENTATION OF DIGITAL TECHNOLOGIES IN HUMAN RIGHTS TO HEALTHCARE

2020 ◽  
Vol 73 (7) ◽  
pp. 1539-1544
Author(s):  
Volodymyr V. Marchenko ◽  
Inna I. Kilimnik ◽  
Alla V. Dombrovska
Keyword(s):  
Human Rights ◽  
Digital Technologies ◽  
European Convention ◽  
Structural Method ◽  
Legal Analysis ◽  
The European Union ◽  
Blockchain Technology ◽  
European Court ◽  
Analysis And Synthesis ◽  
Protection Of Human Rights

The aim: The aim of the study is to examine the blockchain technology in the field of healthcare, to analyze the principles of the European Convention on Human Rights regarding respect for private and family life, home and correspondence, to analyze the key positions of the European Court of Human Rights (hereinafter – ECHR) in the field of human rights to privacy, to analyze the European Union (hereinafter – EU) secondary legislation regarding the supply of medicines, prospects for the blockchain usage in order to protect human rights to privacy and improve the quality of medicines. Materials and methods: Scientific works that are devoted to the outspread of digital technologies in healthcare, the provisions of the European Convention on Human Rights, the ECHR’s practice on the protection of human rights to privacy, the provisions of the EU secondary legislation that regulate the supply of medicines are studied. The methodology of this article is based on comparative and legal analysis techniques and includes system-structural method, method of generalization, method of analysis and synthesis as well. Conclusions: The blockchain technology in medicine and pharmacology will increase the level of protection of human rights to healthcare quality.

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