scholarly journals Konstytucyjne aspekty procesu karnego w działalności Rzecznika Praw Obywatelskich

2021 ◽  
Vol 28 (2) ◽  
pp. 205-211
Author(s):  
Stanisław Trociuk

The changes in the broadly conceived criminal procedure which were introduced in recent years refer to the problems which are crucial from the perspective of the protection of human rights, such as the scope of the authority of the services due to operational control which is conducted secretly, the model of the functioning of the public prosecution service or the unlawful acquiring of evidence in a criminal procedure. The evaluation of these changes, conducted by the Ombudsman from the point of view of the constitutional standards of the protection of the rights of the individual is not positive. The new regulations reduce the quality of these standards and they do not contain sufficient guarantees of protection against the arbitrariness of the activities engaged in these terms by the organs of public authority. This phenomenon imposes a particular duty on the courts – which hear criminal cases – to see that the final decision in a criminal case respects the universal standards of the protection of human rights.

2018 ◽  
Author(s):  
Мария Григорьевна Алпатова ◽  
Мария Игоревна Щеглова ◽  
Elmira Kalybaevna Adil’bekova ◽  
Nuradin Alibaev ◽  
Arunas Svitojus

The conference is a major international forum for analyzing and discussing trends and approaches in research in the field of basic science and applied research. We provide a platform for discussions on innovative, theoretical and empirical research. The form of the conference: in absentia, without specifying the form in the collection of articles. Working languages: Russian, English Doctors and candidates of science, scientists, specialists of various profiles and directions, applicants for academic degrees, teachers, graduate students, undergraduates, students are invited to participate in the conference. There is one blind verification process in the journal. All articles will be initially evaluated by the editor for compliance with the journal. Manuscripts that are considered appropriate are then usually sent to at least two independent peer reviewers to assess the scientific quality of the article. The editor is responsible for the final decision on whether to accept or reject the article. The editor's decision is final. The main criterion used in assessing the manuscript submitted to the journal is: uniqueness or innovation in the work from the point of view of the methodology being developed and / or its application to a problem of particular importance in the public sector or service sector and / or the setting in which the efforts, for example, in the developing region of the world. That is, the very model / methodology, application and context of problems, at least one of them must be unique and important. Additional criteria considered in the consideration of the submitted document are its accuracy, organization / presentation (ie logical flow) and recording quality.


2019 ◽  
Author(s):  
Изабелла Станиславовна Чибисова ◽  
Диана Ильгизаровна Шарипова ◽  
Альфия Галиевна Зулькарнаева ◽  
Ксения Александровна Дулова ◽  
Садег Амирзадеган ◽  
...  

The conference is a major international forum for analyzing and discussing trends and approaches in research in the field of basic science and applied research. We provide a platform for discussions on innovative, theoretical and empirical research. The form of the conference: in absentia, without specifying the form in the collection of articles. Working languages: Russian, English Doctors and candidates of science, scientists, specialists of various profiles and directions, applicants for academic degrees, teachers, graduate students, undergraduates, students are invited to participate in the conference. There is one blind verification process in the journal. All articles will be initially evaluated by the editor for compliance with the journal. Manuscripts that are considered appropriate are then usually sent to at least two independent peer reviewers to assess the scientific quality of the article. The editor is responsible for the final decision on whether to accept or reject the article. The editor's decision is final. The main criterion used in assessing the manuscript submitted to the journal is: uniqueness or innovation in the work from the point of view of the methodology being developed and / or its application to a problem of particular importance in the public sector or service sector and / or the setting in which the efforts, for example, in the developing region of the world. That is, the very model / methodology, application and context of problems, at least one of them must be unique and important. Additional criteria considered in the consideration of the submitted document are its accuracy, organization / presentation (ie logical flow) and recording quality.


2019 ◽  
Author(s):  
Shokhruzbek R. Ruziev ◽  
Татьяна Владимировна Панкова ◽  
Jakhongir Qakhramon ugli Qodirov ◽  
Кристина Витальевна Машковцева ◽  
Илья Дмитриевич Белокозович ◽  
...  

Social Sciences: Achievements and Prospects is a major international forum for the analysis and debate of trends and approaches in social science research. The journal provides a space for innovative theoretical as well as empirical contributions to issues that transcend the framework of the traditional disciplines. Given its international orientation, contributions of a comparative or crosscultural nature are particularly welcome. Social Sciences: Achievements and Prospects aimsto contribute to overcoming fragmentation and overspecialization in current socialscience research. Comprehensive and original contributions will tend to be of a tentative nature, trying out new avenues on terrains that are far from being well known. The journal welcomes trend reports on intellectually stimulating new developments to make them more widely known and to offer a space to assess their significance in answering key questions ofscholarship in ourtime. There is one blind verification processin the journal.All articles will be initially evaluated by the editor for compliance with the journal. Manuscripts that are considered appropriate are then usually sent to at least two independent peer reviewers to assess the scientific quality of the article. The editor is responsible for the final decision on whether to accept orreject the article.The editor's decision isfinal. The main criterion used in assessing the manuscript submitted to the journal is: uniqueness or innovation in the work from the point of view of the methodology being developed and / or its application to a problem of particular importance in the public sector or service sector and / or the setting in which the efforts, for example, in the developing region of the world. That is, the very model / methodology, application and context of problems, at least one of them must be unique and important. Additional criteria considered in the consideration of the submitted document are its accuracy, organization / presentation (ie logical flow) and recording quality.


2019 ◽  
Author(s):  
Анастасия Александровна Веселова ◽  
Илья Сергеевич Камаев ◽  
Сергей Иванович Благинин ◽  
Анатолий Леонидович Суркаев ◽  
Ольга Александровна Марданшина ◽  
...  

The conference is a major international forum for analyzing and discussing trends and approaches in research in the field of basic science and applied research. We provide a platform for discussions on innovative, theoretical and empirical research. The form of the conference: in absentia, without specifying the form in the collection of articles. Working languages: Russian, English Doctors and candidates of science, scientists, specialists of various profiles and directions, applicants for academic degrees, teachers, graduate students, undergraduates, students are invited to participate in the conference. There is one blind verification process in the journal. All articles will be initially evaluated by the editor for compliance with the journal. Manuscripts that are considered appropriate are then usually sent to at least two independent peer reviewers to assess the scientific quality of the article. The editor is responsible for the final decision on whether to accept or reject the article. The editor's decision is final. The main criterion used in assessing the manuscript submitted to the journal is: uniqueness or innovation in the work from the point of view of the methodology being developed and / or its application to a problem of particular importance in the public sector or service sector and / or the setting in which the efforts, for example, in the developing region of the world. That is, the very model / methodology, application and context of problems, at least one of them must be unique and important. Additional criteria considered in the consideration of the submitted document are its accuracy, organization / presentation (ie logical flow) and recording quality.


2019 ◽  
Author(s):  
Мархабо Эшонкуловна Шукурова ◽  
Юлия Владимировна Чистобаева ◽  
Шахзода Ёркиновна Махмудова ◽  
Алина Николаевна Головач ◽  
Елена Владимировна Башкирцева ◽  
...  

The conference is a major international forum for analyzing and discussing trends and approaches in research in the field of basic science and applied research. We provide a platform for discussions on innovative, theoretical and empirical research.Working languages: Russian, English Doctors and candidates of science, scientists, specialists of various profiles and directions, applicants for academic degrees, teachers, graduate students, undergraduates, students are invited to participate in the conference.There is one blind verification process in the journal. All articles will be initially evaluated by the editor for compliance with the journal.Manuscripts that are considered appropriate are then usually sent to at least two independent peer reviewers to assess the scientific quality of the article. The editor is responsible for the final decision on whether to accept or reject the article. The editor's decision is final.The main criterion used in assessing the manuscript submitted to the journal is: uniqueness or innovation in the work from the point of view of the methodology being developed and / or its application to a problem of particular importance in the public sector or service sector and / or the setting in which the efforts, for example, in the developing region of the world. That is, the very model /methodology, application and context of problems, at least one of them must be unique and important.Additional criteria considered in the consideration of the submitted document are its accuracy, organization / presentation (ie logical flow) and recording quality.


Legal Concept ◽  
2021 ◽  
pp. 156-160
Author(s):  
Thanh Do

Introduction: on November 27, 2015, the 10th session of the XIII National Assembly of the Socialist Republic of Vietnam adopted the Code of Criminal Procedure, which entered into force on January 1, 2018. This has become an important legal basis for organizing the investigative and judicial activities aimed at combating crime, as well as for securing guarantees for the protection of human rights and citizens. The purpose of the study was to analyze a number of provisions of the Code of Criminal Procedure of 2015, which set out the principles of activity and responsibilities of the procedural bodies, from the point of view of ensuring the protection of human rights when applying preventive measures. The achievement of the research goal is determined by solving the following tasks: revealing the fundamental principles of the activity of the procedural bodies, establishing the practical significance of their consolidation in the Code of Criminal Procedure of 2015. Applying the general scientific research methods, namely, comparing the current provisions of the legal acts, their generalization, the author drew the following conclusions: in order to ensure the protection of human rights and citizens in the application of preventive measures, to create conditions for their effective implementation in practical application in Vietnam, the Criminal Procedure Code of Vietnam of 2015 was supplemented with a number of relevant provisions, in particular, the specific principles of activity and responsibilities of the procedural bodies were fixed as the ways to ensure the rights of people and citizens when applying preventive measures.


2019 ◽  
Author(s):  
Tatiana Nickolaevna Astafurova ◽  
Olga Nickolaevna Romanova ◽  
Елена Васильевна Фалунина ◽  
Ляйсан Наилевна Фатыхова ◽  
Альбина Зульфатовна Минахметова

The conference is a major international forum for analyzing and discussing trends and approaches in research in the field of basic science and applied research. We provide a platform for discussions on innovative, theoretical and empirical research.Working languages: Russian, English Doctors and candidates of science, scientists, specialists of various profiles and directions, applicants for academic degrees, teachers, graduate students, undergraduates, students are invited to participate in the conference.There is one blind verification process in the journal. All articles will be initially evaluated by the editor for compliance with the journal.Manuscripts that are considered appropriate are then usually sent to at least two independent peer reviewers to assess the scientific quality of the article. The editor is responsible for the final decision on whether to accept or reject the article. The editor's decision is final.The main criterion used in assessing the manuscript submitted to the journal is: uniqueness or innovation in the work from the point of view of the methodology being developed and / or its application to a problem of particular importance in the public sector or service sector and / or the setting in which the efforts, for example, in the developing region of the world. That is, the very model /methodology, application and context of problems, at least one of them must be unique and important.Additional criteria considered in the consideration of the submitted document are its accuracy, organization / presentation (ie logical flow) and recording quality.


Author(s):  
Gerardo Hernández Barrena ◽  
Sergio Gabriel Ordoñez Sánchez ◽  
Judith Andrea Hernández Ortega ◽  
Salvador Sánchez Ruanova

RESUMEN Sin lugar a duda los derechos humanos juegan un papel fundamental en la protección de las personas, en su dignidad. El Estado debe garantizar en todo momento su defensa y amparo. Dicha protección debe abarcar categorías de personas: mujeres, hombres, niños; genocidio, torturas, medio ambiente, paz, discriminación etc., es por esa razón que la Corte Interamericana de los Derechos Humanos afirma la existencia de ciertos atributos inviolables de la persona humana que no pueden ser menoscabados por el ejercicio del poder público. En el ámbito profesional la protección a los derechos humanos desde nuestro particular punto de vista se perfecciona con el libre ejercicio de la profesión, sin embargo, en la actualidad en los casos del contador público, cuando algún contribuyente se acerca a las oficinas de las autoridades fiscales para realizar algún trámite, no permiten el acceso a su contador para que lo aconseje o asesore, coartando la libertad del profesional para que realice el trabajo para el cual fue contratado, motivo por el cual es relevante la presente investigación que tiene como objetivo evidenciar la violación a los derechos humanos del contador público en su libre ejercicio, la cual se realizara bajo el método mixto (deductivo-inductivo) ya que se presenta el tema, de lo general a lo particular, utilizando además un instrumento tipo encuesta con la finalidad de obtener datos que coadyuvaran a obtener resultados verídicos, concluyendo que las autoridades fiscales violan los derechos humanos del contador público al no permitirle su libre ejercicio de profesión.ABSTRACT Undoubtedly human rights play a fundamental role in the protection of people, in their dignity. The State must always guarantee its defense and protection at all times. This protection must cover people categories: women, men, children; genocide, torture, environment, peace, discrimination etc., It is for this reason the Inter-American Court of Human Rights affirms the existence of certain inviolable attributes of the human person that cannot be impaired by the exercise of public power. In the professional field, the protection of human rights from our point of view is perfected by the free exercise of the profession, however, currently in the cases of the public accountant, when a taxpayer approaches the offices of the authorities prosecutors to carry out some procedure, do not allow access to your accountant for advice or advice, restricting the freedom of the professional to do the work for which he was hired, which is why this research is relevant to highlight evidence the violation to the human rights of the public accountant in his free exercise, which will be carried out under the mixed method (deductive-inductive) since the subject is presented, from the general to the particular, also using a survey instrument with the purpose to obtain data that will help obtain true results, concluding that the tax authorities violate human rights The public accountant not to allow his free exercise of profession. KEY WORDS: Human Rights; Public Accountant; Tax Authorities. 


2017 ◽  
Vol 1 (2) ◽  
pp. 129-136
Author(s):  
Anna Kociołek-Pęksa ◽  
Jerzy Menkes

Considering the pluralism of the axiological sources of human rights, we claim that it is necessary to realize that we are facing at the moment an analytic extension of both the “number” of human rights (appearance of new generations of human rights), as well as the “quantitative quality” of human rights due to newly uncovered axiological sources such as the appearance of new values or a redefinition of existing ones. In the presented context of the axiology of human rights and the axiology of their protection, it is easy to observe the axiological pluralism of the two spheres as well as numerous attempts to make the exegesis and interpretation both relative and instrumental1 in a domestic, European, and international sphere. Attempts to limit human rights in a camouflaged manner in the jurisdiction practice of particular states are quite abundant and an axiological justification of legal solutions that would make the implementation and protection of those rights (in particular those of the third, fourth and fifth generations) ineffectual—de facto (not de iure, since from a formal and legal point of view they correspond to declared rights and, without exception, the protected ones) is the guarantee of community security and, paradoxically, the protection of other people (i.e., the protection of religious sentiments, family, public morality based usually on the rules of the dominant religion). When transposing these problematics from the state perspective to the intra- and trans-state level, we need to demonstrate that in the international law of protection of human rights, limitation of these rights may also take place as a result of extra-normative factors due to so-called “instrumental relativism”, applied in the function of current political interests for which intrinsic human dignity happens to be infringed. We also claim that the active factor of that critical crossing point is not faults in the law or its interpretation, nor is it faults of ethics, but rather the faults of what is going on within so-called Realpolitik.


Author(s):  
Alla Demycheva

The situation with human rights violations in modern Ukraine remains quite acute, as evidenced by various sources at both the international and national levels, official and alternative. In such circumstances, human rights activities are of paramount importance. In the modern human rights field, formal (state) and informal (civil society) structures coexist, and rarely interact. A powerful tool in resolving systemic issues related to human rights is the institution of the ombudsman, represented by the Verkhovna Rada Commissioner for Human Rights and the President's specialized commissioners. The informal level is represented by non-governmental human rights NGOs, of which there are currently more than a hundred in Ukraine. They act as organized, structured, registered, etc. associations that work to promote and protect human rights and freedoms, to establish and maintain effective control over the observance of those freedoms and rights by the state, its bodies and officials. To achieve that, human rights organizations work simultaneously in such areas as the protection of human rights in specific cases (advocacy); dissemination of information on human rights, legal education work; analysis of the state of observance of human rights. As it was before, NGOs have different amounts of resources (background, experience, power, influence), depend on funding from foreign donors and compete with each other. One of the main resources for improving the effectiveness of the human rights field is the cooperation of the ombudsman with non-governmental organizations and the public. An example of cooperation is the model of Ukrainian National Preventive Mechanism (NPM), which has been operating in Ukraine since 2012 to prevent torture, although the format of this interaction has been criticized by experts in the context of the limited role of the public. The non-organizational level is represented by the individual practices of Ukrainians in the protection of human rights, the volume of which is increasing, but the efficiency remains low.


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