THE OBJECTIVE SIDEOF BRIBERY OF A CIVIL SERVANT

2021 ◽  
Vol 6 (10) ◽  
pp. 63-71
Author(s):  
Furkat Djalilov ◽  

This scientific article describes whether actions related to official position should be performed when using legal and factual opportunities, including actions (inaction) that are within the competence of an employee, as well as actions (inaction) based on reputation. services, the human right to information. In addition, the author emphasized that the performance or non-performance of the action must be illegal in nature or contradict the legitimate interests of the enterprise, organization, institution and body in which the employee works.Keywords: object, official, subject of a crime, interest, act, state body

Author(s):  
Yaroslav Skoromnyy ◽  

The scientific article reveals the key aspects of ensuring the fundamental human right to a fair trial as an object of protection of the institution of legal responsibility of a judge. It has been established that the basic principles of ensuring the human right to a fair trial are governed by the norms and provisions of such documents as: the Criminal Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Ukraine on Administrative Offenses, the Code of Labor Laws of Ukraine, the Law of Ukraine «On the Judicial System and the Status of Judges», Resolution of the Supreme Administrative Court of Ukraine of 15.09.2011 No. П/9991/335/11. It was found that the object of a disciplinary offense of a judge is a set of rights and duties of a judge to the legal and fair administration of justice and the fulfillment of other duties assigned to him by the judicial and procedural legislation. It was determined that today the judicial authorities in Ukraine have adopted and put into effect the Internal Labor Regulations of Courts. The functions of a judge's legal responsibility were considered and it was found that they are implemented at the general social level (they consist in achieving control over the judge's behavior in accordance with special legal norms), at the general legal level (they consist in the restoration of rights that were violated, and compensation for expenses incurred to restore rights, as a result of the commission of illegal actions by the judge; prevention of the commission of offenses by the judge; punishment of the judge and the imposition of restrictions on his rights on legal grounds as a result of the imposition of additional legal obligations on him), the level of aggregate (general) functions of legal responsibility (consists in the fact that legal responsibility judges acts as the basis of social development and is determined under the influence of the development of legal norms) and the level of special functions of bringing a judge to legal responsibility (consists in exercising influence on the regulation of legal relations between a judge and society). It has been proven that the key functions of a judge's legal responsibility are the punitive function, protective function, preventive function and the function of ensuring the activity of the judge and his behavior in accordance with special professional standards. It is proposed to conduct a comprehensive study of the problems of ensuring human rights to a fair trial, based on the peculiarities of bringing a judge to legal responsibility for unfair, illegal and unjust in violation of the standards and requirements for fulfilling official duties, with the prospects for further research.


2015 ◽  
Vol 60 (2) ◽  
pp. 238-255
Author(s):  
Rachel Lung

Interpreters are often anonymously and flimsily archived, given their subsidiary role in diplomatic exchanges. These fragmentary records pose problems for in-depth studies on ancient interpreters. Japanese monk Ennin’s (794-864) diary documenting his decade-long (838-847) China sojourn, however, provides a delightful contrast to this evidence limitation. Known for its authentic, detailed, and objective descriptions, it contains thirty-eight references to four Sillan (ancient Korean) interpreters, of whom one was an interpreting clerk affiliated with a prefecture in eastern coastal China. He was also Ennin’s longest-serving interpreter, from 839 through 847, having been documented twenty-three times. This interpreting functionary, Yu Sinǒn, worked in a regional office of a Sillan enclave and assisted visitors from Japan and Silla. His work, apart from language mediation, included liaising, trading, logistics and message go-betweens. As a civil servant, this Sillan interpreter was expected to be law-abiding. Yet in his mediating services for Ennin, he frequently flouted the legal limits. In the process, he was given monetary rewards, although later textual hints suggest that his mediation for the Japanese monks was primarily based on goodwill and friendship. The detailed descriptions in Ennin’s travelogue offer us first-hand information about an interpreting official’s infringements of the Tang Chinese laws. However, was it not exactly his official position, with easy access to institutional networks and legal bureaucracy, which enabled him to work around the loopholes? This case of an interpreter and his patron provides valuable evidence for the development of their initial professional ties and subsequent personal bonding. It also speaks of the arbitrary boundaries between interpreting officials and civilian interpreters in first-millennium East Asian exchanges.


2020 ◽  
Vol 9 (1) ◽  
pp. 110-116

The right to information is a human right as derogable right. Fulfilment of the right to information often leads to information disputes with Information and Documentation Management Officer (IDMO) as administrative officials who are given the task of managing information and documentation. Information dispute resolution becomes important to be resolved immediately because it is related to fulfilling a sense of justice and fulfilling the right to information for the community. The Establishment of the Government Administration Act (GA Act) causes the dualism of information dispute resolution. Article 53 of the GA Act will be the basis for resolving information disputes in the administrative court domain, while the Public Information Officer/PIO Act is the basis for resolving information disputes within the Information Commission domain. This dualism needs to be resolved to ensure legal certainty for the government and society as Justicia Belen. The development of dispute resolution reconstruction of information is conducted by strengthening information dispute resolution in non-litigation. Ideal information dispute resolution should be resolved first through administrative remedies (objections and administrative appeals) and through the Information Commission. The court becomes the ultimum remedium in resolving a dispute. Therefore, strengthening the Information Commission in terms of development, finance and authority is one way to strengthen the resolution of information disputes outside the court.


2020 ◽  
pp. 71-75
Author(s):  
O.V. Seletskyi

One of the main factors for ensuring effective and honest work of civil servants is the formation of proper motivation and remuneration for the performance of tasks. Officials, along with other employees, strive public recognition of the results of their work. Encouragement of civil servants promotes the development of initiative, responsibility, confidence in their actions, a conscious attitude to work, mobilization to overcome difficulties and increase their credibility. Measures of material and moral support of civil servants help to realize the correct understanding of their labor obovyazkiv, helps to increase labor activity and improve the performance of the state body. The article analyzes the views of scholars on the interpretation of such a legal category as "encouragement". The provisions of the Law of Ukraine "On Civil Service" and bylaws regulating the grounds, types and procedure for applying incentives to civil servants are analyzed. It is established that the following types of incentives can be applied to civil servants: 1) announcement of gratitude; 2) awarding a diploma, a diploma, other departmental awards of a state body; 3) early assignment of the rank of civil servant; 4) presentation for awarding by government honors and awarding with a government award (congratulatory letter, thanks, diploma); 5) submission for state awards. The author proposes to expand the existing list of types of incentives for civil servants with such incentives as rewarding with a valuable gift and paying a bonus. The article also draws attention to the imperfections of the legal regulation of the procedure for applying certain types of incentives in the civil service. The author's definition of the term "encouragement of a civil servant" is proposed. It is concluded that the incentives for civil servants play an important role in enhancing their professional activities and are aimed at forming in them a conscientious attitude to work. However, some issues in this area still need significant refinement at the legislative level.


Author(s):  
M.O. Medvedieva

The article analyzes some urgent problems of the legal governance of scientific research, namely the adherence to the principles of academic freedom and academic integrity, as well as protection of the right to science. The article provides the definitions of academic freedom and academic integrity, considers relevant international and national legal documents and case-law. It analyzes main criteria for the free use of quotations which must be adhered to in the context of preserving academic integrity principles and observes practical consequences of different definitions of plagiarism by education and copyright law. The author considers the normative content of the right to science in accordnce with International Law and highlights its importance in times of COVID-19 pandemic. The author concludes that academic freedom, academic integrity and right to science in general are linked to economic, social and cultural rights, especially the right to information, freedom of thought and expression, freedom from discrimination. If a state is not able to exert every effort to implement its positive responsibility (due diligence) regarding human right to science, including to academic freedom, such a state must be held responsible under customary rules of International Law. In case of violations of the principles of academic integrity comes academic responsibility which is the competence of national governmental bodies on science and education. The only exception is plagiarism which is copyright infringment leading to civil or even criminal responsibility and which is the competence of national civil courts.


2021 ◽  
Vol 16 (2) ◽  
pp. 199-208
Author(s):  
Maciej Pakowski ◽  
◽  
Anna Garus-Pakowska ◽  

The purpose of this paper was to prove that the standards for environmental friendliness set out by international law require the states to carry out Health Impact Assessment (HIA) before implementation of public or private investments having a potential human health impact even if national legal systems do not require it. The analysis of both soft international law and treaty law, as well as the case-law of international courts and tribunals show that Environmental Impact Assessment (EIA) is the international law ius cogens. At the same time the human right to information and protection of life and health are regarded as fundamental human rights. According to the authors it means that carrying out proper Environmental Impact Assessment without Health Impact Assessment is not possible. It would be contrary to the human right to information and the obligation of the authorities to provide citizens with active transparency mentioned by the Inter-American Court of Human Rights and with the principle of fair balance developed in the case-law of the similar European Court together with the objective on sustainable development adopted in Agenda 2030. According to the authors Health Impact Assessment is an immanent and integral part of environmental impact and the possible absence of provisions in the national law requiring investors to carry out HIA where EIA is necessary, does not justify the failure to assess.


Author(s):  
В.А. Винокуров

Через призму обязанности государства соблюдать и защищать права и свободы человека и гражданина в Российской Федерации в статье рассматриваются правовые основы возможности образования нового суда – российского суда по правам человека. Рассмотрены существующие нормативные правовые акты, устанавливающие порядок осуществления защиты органами судебной власти прав и законных интересов граждан страны и иных лиц, проживающих в России. Использованы мнения членов Совета при Президенте Российской Федерации по развитию гражданского общества и правам человека, а также участников «круглого стола», проведенного в Общественной палате Российской Федерации и посвященного вопросам создания российского суда по правам человека. По итогам проведенного анализа сделан вывод, из которого следует, что вместо создания очередного государственного органа судебной власти следует наладить эффективную работу существующей судебной системы, для чего сформулированы конкретные предложения. Through the prism of the state's obligation to respect and protect human and civil rights and freedoms in the Russian Federation, the article examines the legal basis for the possibility of forming a new court – the Russian Court of Human Rights. The existing normative legal acts establishing the procedure for the protection of the rights and legitimate interests of citizens of the country and other persons residing in Russia by the judicial authorities are considered. The opinions of the members of the Presidential Council for the Development of Civil Society and Human Rights, as well as the participants of the "round table" held in the Public Chamber of the Russian Federation on the establishment of the Russian Court of Human Rights were used. Based on the results of the analysis, it is concluded that instead of creating another state body of judicial power, it is necessary to establish the effective functioning of the existing judicial system, for which specific proposals are formulated.


2021 ◽  
Author(s):  
Jonathan Klaaren

The argument for the recognition of the right to information in international law has continued to strengthen since the South African Constitutional Court’s Certification decision. This paper examines the human right to information in international law and makes the argument that this human right is a significant vehicle for promoting transparency. In section 2, it makes some observations concerning the conceptual foundations of the right to information and the right’s relationship to the broader concept of transparency. Section 3 notes the current state of the human right to information in international law doing so from an African perspective. The final section presents a set of questions for further consideration (noting some linkages with South African post- apartheid jurisprudence) as well as some concluding observations, organized in conceptual terms based on the right of information.


2021 ◽  
Vol 4 (2) ◽  
pp. 145-157
Author(s):  
Lesya Chesnokova

The article examines the individual’s right to information privacy as an opportunity to have a non-public area of life. It is argued that a person, being a vulnerable creature, feels the need for secrecy, closeness and opacity of his or her personality. The right to information privacy does not mean complete concealment of private life, but the possibility of regulating access, when individuals can choose whom, when and to what extent to reveal the details of their lives. This presupposes both a person who feels him or herself to be an autonomous person and a society that respects his or her rights and freedoms. There is a duty of restraint and tact, which prohibits violating someone else’s privacy. As one of the aspects of privacy, in addition to the inviolability of the body and home, the human right to information protection is recognized. The theoretical foundation of the right to privacy is the philosophy of liberalism, which protects the individual from unwanted interference from the state and society. The need for private space has evolved in human history along with the growth of individualism. Currently, the right to information privacy is gaining special relevance in connection with the development of digital technologies that allow collecting, storing and processing large amounts of data. As a result, a person, on the one hand, does not know who, when and for what purpose collects his or her data, and, on the other hand, he or she often voluntarily, in connection with the need for social recognition, leaves information about him or herself on social networks. As a result of such actions, the loss of control over personal information can lead to undesirable consequences.


IFLA Journal ◽  
1997 ◽  
Vol 23 (1) ◽  
pp. 57-59
Author(s):  
Marian Koren

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