scholarly journals On the issue of financing non-governmental human rights organizations: international legal aspect

2021 ◽  
Vol 2 (2) ◽  
pp. 61-66
Author(s):  
Yuliya Lebedieva
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Negative Impact ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Government Contracts ◽  
Financial Status ◽  
Human Rights Organizations ◽  
Conflict Situations

In the article considers some international legal aspects of NGO funding and outlines some problems that arise as a result of the functioning of these organizations and have not yet been resolved. The author notes that despite the significant scientific interest in the functioning and prospects of NGO development, some international legal aspects of their funding have not yet found proper legal consolidation and agreed doctrinal interpretation. In addition, the activities of NGOs provoke a mixed reaction from government agencies and certain segments of society. Therefore, the study of some features of NGO funding as subjects of international human rights activities, the author considers relevant, both in theoretical and practical terms. The author emphasizes that in addition to the negative impact of the established restrictions, there are urgent grounds for its implementation within the relevant legal regulation. One of the reasons for the emergence of mistrust and conflict situations in which NGOs are a party is the insufficient state of settlement of the legal status of the latter. The article states that the financial status of many NGOs is not transparent enough, as a result, some of them compete for government contracts and funds, which creates a risk of losing autonomy and independence, casts doubt on the impartial implementation of their missions.

ORGANIZATIONAL AND LEGAL ASPECTS OF VOCATIONAL EDUCATION AND VOCATIONAL TRAINING IN INSTITUTIONS OF THE PENAL SYSTEM

2021 ◽  
pp. 20-24
Author(s):  
Екатерина Викторовна Глебова
Keyword(s):  
Vocational Education ◽  
Russian Federation ◽  
Legal Status ◽  
Positive Impact ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Educational Process ◽  
Vocational Education And Training ◽  
Scientific Article ◽  
The Russian Federation

Актуальность темы научной статьи обусловлена тем, что каждый гражданин Российской Федерации независимо от его социального статуса обладает правом на образование. Однако отдельные категории граждан, в частности, осужденные лица, не могут воспользоваться данным правом по причине наличия у них особого юридического статуса. Беспрепятственный доступ осужденных к образовательному процессу оказывает положительное влияние на социальную безопасность и защищенность каждого отдельного гражданина, так как от уровня их образованности напрямую зависит степень их исправления. В данный момент на территории нашей страны наблюдается большая вовлеченность всех слоев населения (включая осужденных) в сферу образовательных услуг как на возмездной, так и на безвозмездной основах. Профессиональное образование и профессиональное обучение как очень важный и необходимый элемент в отечественной пенитенциарной системе регулируется различными источниками права, относящимися и к системе уголовно-исполнительного законодательства, и к системе образовательного законодательства РФ. Целями правового регулирования отношений в сфере образования являются установление государственных гарантий, механизмов реализации прав и свобод человека в указанной сфере, а также защита прав и интересов участников отношений в сфере образования. Problem statement of the scientific article is due to the fact that every citizen of the Russian Federation, regardless of his social status has the right to education. However, some categories of citizens cannot exercise this right due to their special legal status, in particular, we will talk about convicted persons. Unimpeded access of this category of citizens to the educational process has a positive impact on the social safety and security of each individual, since the level of education of convicted persons directly affects the degree of their correction. At the moment on the territory of our country there is a great involvement of all segments of the population (including convicts) to the sphere of educational services free or for a fee. Vocational education and training as a very important and necessary element in the domestic penitentiary system is regulated by various sources of law relating to both the system of penal legislation and the system of educational legislation of the Russian Federation. The objectives of legal regulation of relations in the field of education are the establishment of state guarantees, mechanisms for the implementation of human rights and freedoms in education, as well as the protection of the rights and interests of participants of relations in the educational field.

scholarly journals Evolution of legal regulation of activity forms of members of representative bodies of local self-government in the Ukrainian lands within Austria-Hungary and pre-revolutionary Russia

2020 ◽  
Vol 4 (4) ◽  
pp. 110-118
Author(s):  
Ivan Omelko
Keyword(s):  
Local Government ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Liberal Democratic ◽  
Regulation Of Activity ◽  
Local Representative ◽  
The Russian Empire ◽  
Xix Century ◽  
Rule Making

The article deals with historical and legal aspects of the normative regulation of the forms of activity of the representative bodies of local self-government and their members on the Ukrainian lands, which were part of Austria-Hungary and pre-revolutionary Russia. It is shown that during the 60-90s of the XIX century, there was an accumulation of experience in the normative consolidation of the legal status and organization of the work of local representative bodies, the formation of the main forms of their activity. Attention is drawn to the fact that in both empires the adoption of liberal legislation on local self-government led to the activation of local rule-making. The content of national and local acts regulating the forms of activity of representative bodies of the late XIX – early XX centuries is analyzed. In its modern form, local government developed in the nineteenth century. as a result of the victory of liberal-democratic reforms in the world's leading states. Therefore, consideration of the evolution of legal regulation of the forms of activity of deputies of domestic local representative bodies should begin in the 1860s, when in Austria-Hungary and the Russian Empire, which at that time included Ukrainian lands, local government began almost simultaneously. The period of functioning of representative bodies of local self-government in the Ukrainian lands as a part of Austria-Hungary and pre-revolutionary Russia (1862-1917) should be considered as the first stage of evolution of forms of activity of deputies of local councils in modern Ukraine. This was the stage of initiating the normative consolidation and practice of implementing the forms of activity of the deputy corps of domestic representative bodies of local self-government.

scholarly journals DIGITAL TECHNOLOGIES IN THE SYSTEM OF ORGANIZATIONAL AND LEGAL REGULATION OF EMPLOYMENT OF THE POPULATION

2021 ◽  
Vol 42 (1) ◽  
pp. 24-35
Author(s):  
А.А. Fedchenko ◽  
◽  
N.V. Dorokhova ◽  
E.S. Dashkova ◽  
◽  
...  
Keyword(s):  
Large Scale ◽  
Labor Relations ◽  
Negative Impact ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Industrial Society ◽  
Self Employment ◽  
The Russian Federation ◽  
Post Industrial

The article examines the process of regulating employment through the introduction of digital technologies in the organizational and legal sphere. The authors considered the features of the manifestation of organizational and legal aspects of employment regulation during the transition to a post-industrial society. The attention is focused on the most problematic areas of employment regulation. The research is based on the position of continuity of socio-economic development and continuity of its stages. The study made it possible to identify quantitative, structural, and qualitative transformations in the field of employment in the Russian Federation, related to information and digital technologies. These changes require the solution of a set of tasks to improve the system of organizational and legal regulation of employment: limiting the negative impact of digital technologies in the process of regulating employment; regulation of organizational and legal regulation of all types of “agency labor” and its adjustment, considering the spread of its non-standard forms in terms of expanding the scope of digital technologies; ensuring cooperation between all parties of social and labor relations on issues related to the use of non-standard forms of employment in the context of the introduction of digital technologies; reduction of “digital illiteracy” among jobseekers; positioning of electronic self-employment as a promising form of employment regulation. Based on the results of the study, the authors determined the vector for solving these problems, considering the large-scale use of digital technologies.

scholarly journals ECONOMIC AND LEGAL ASPECT OF THE NEGATIVE IMPACT OF OIL AND GAS WELLS ON THE ENVIRONMENT

2020 ◽  
pp. 65-70
Author(s):  
E. Yu. Kamchatova ◽  
A. V. Sedova
Keyword(s):  
Oil And Gas ◽  
Negative Impact ◽  
Legal Aspect ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Existing Problems ◽  
Domestic Legislation ◽  
Abandoned Wells ◽  
Negative Impacts ◽  
Almost All

The negative impact on the environment is carried out from almost all oil and gas facilities. One of such objects are wells of any purpose. The causes of negative impacts on the environment from plugged and abandoned wells were identified in the course of the study. Existing methods and technologies of well liquidation and conservation have been analyzed in the article. Existing problems in the legal regulation of the issue of environmental safety of abandoned wells have been investigated. The result of comparison of the international and domestic legislation on this problem has been presented.

Institute of public associations in the system of human rights enforcement in Ukraine: constitutional and legal aspect

2021 ◽  
pp. 84-93
Author(s):  
I. Mahnovskyi
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Direct Democracy ◽  
Legal Aspect ◽  
Functional System ◽  
Legal Framework ◽  
Legal Aspects ◽  
Practical Significance ◽  
Public Nature ◽  
Political Decision Making

Purpose. The aim of the work is to analyze in the constitutional and legal aspects public associations as a constitutional institution of public nature, to determine its role and importance in the system of human rights enforcement in Ukraine, to clarify the peculiarities of formation and effective activities of this institution. Methodology. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific reseach have been implemented: terminological, logical-semantic, functional, system-structural, logical-normative. Results. The study states that the driving force of a democratic, legal process is the growth of an active civil position, which is the basis for the formation of public associations, which are a basic component of civil society. The institute of public associations is an important component of the system of constitutional law of Ukraine. Involving citizens in political decision-making is one of the main principles of direct democracy. The focus is on improving the legal framework of the institute of public associations. Scientific novelty. The study has revealed that public associations, as institutions, should be an integral part of civil society in the formation of democracy; to introduce constitutional and legal mechanisms of interaction with the institution of public associations and to identify their real practical effectiveness for ensuring human rights and needs in society. Practical significance. The results of the study can be used in law-making and law enforcement activities during the functioning of the institution of public associations in the system of human rights.

scholarly journals Grid Study of Mini Hydro Power Plant (MHPP) of Palangai Hulu 2x4,9 MW South Pesisir

2018 ◽  
Vol 248 ◽  
pp. 02003
Author(s):  
Hidayat ◽  
Cahayahati ◽  
Arnita ◽  
Saiful Jamaan
Keyword(s):  
Distribution System ◽  
Negative Impact ◽  
Legal Aspect ◽  
Electrical Energy ◽  
Legal Aspects ◽  
Technical Aspect ◽  
Hydro Power ◽  
Selling Point ◽  
The Cost ◽  
Operational Impact

This paper presents a gridd study of Mini Hydro Power Generation (MHPP) of Palangai Hulu, 2 x 4.9 MW. It is owned by PT. Dempo Sumber Energi (DSE) located at Palangai of South Pesisir Regency. The objective is to fulfill the legal aspects, technical aspects and economic aspects to develop of MHPP. The legal aspect is one of the requirements that must be fulfilled prior to the signing of Power Purchase Agreement (PPA) between DSE and State Electricity Company that called PLN. Technical aspect is to analyze the operational impact of the distribution system after MHPP connecting to the PLN distribution system, while the economic aspect is to analyze how much result energy of MHPP can be absorbed by PLN. Uultimately, it is described the financial feasibility of MHPP. The result is, legal aspect of development of MHPP of Palangai Hulu feasible to be continued to next process to sign contract of PPA. Technically, there is no negative impact of operating the PLN distribution system after the MHPP is connected to the PLN Rayon Balai Selasa system that analyzes using ETAP. Point of Connection (POC) as the selling point of electrical energy by DSE to the most economical PLN is on substation circuit of Balai Selasa. The energy production of MHPP Palangai Hulu can be absorbed 96.4% starting in 2018. The cost of POC is Rp. 11,577,000,000.

scholarly journals Implementation of constitutional human rights and social guarantees of security in the context of digitalization

2021 ◽  
Vol 10 (45) ◽  
pp. 265-271
Author(s):  
Liliia Amelicheva ◽  
Oleksii Martyniuk ◽  
Ihor Pyroha ◽  
Ceyhun Qaracayev ◽  
Volodymyr Myroshnychenko
Keyword(s):  
Human Rights ◽  
Systematic Approach ◽  
Negative Impact ◽  
Legal Regulation ◽  
General Purpose ◽  
Private Life ◽  
Existing Problems ◽  
Technological Advances ◽  
Analysis And Synthesis ◽  
New Strategies

Consideration of existing and development of new strategies for human rights in the context of globalization is a very significant topic, as careless management of technological change can pose a serious threat to human dignity, autonomy, privacy, and human existence in general. Purpose: to analyze the level of constitutional human rights in the context of digitalization, to consider the positive and negative impact of technological advances on private life, to explore ways to protect fundamental human rights in the context of globalization. The following methods of scientific cognition are used: comparison, historical, systematic approach to research, method of analysis, and synthesis. As a result of the conducted research, the scientific idea of the importance of observance of constitutional human rights in the conditions of digitalization is formed. In addition, the study examines the positive and negative impact of technological advances on private life, explore ways to protect fundamental human rights in the context of globalization and identifies mechanisms for using digitization in public administration, analyzes the legal regulation of informatization is interpreted and effective ways of solving the existing problems of ensuring rights and guarantees are proposed.

scholarly journals Domestic violence: legal aspect of the problem

2021 ◽  
Vol 108 ◽  
pp. 03007
Author(s):  
Marina Aleksandrovna Buchakova ◽  
Evgeniy Viktorovich Koshelev ◽  
Liliya Mudarisovna Altynbaeva ◽  
Andrey Aleksandrovich Gaydukov ◽  
Aleksandr Ivanovich Scheglov
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Domestic Relations ◽  
The People ◽  
Criminal Legislation ◽  
Article Study ◽  
Research Analysis

Prerequisites of research. The authors of the article study the approaches to the solution of the domestic violence problem from the position of different branches of law: constitutional, international, family, administrative, and criminal law that allows revealing the inconsistence and collisions in the current legislation related to this phenomenon. Objectives of the research. The objective of the research is to analyze the legal aspects of the problem related to domestic violence and also search for possible ways of their solution directed to the improvement of the current criminal and administrative legislation. Methods. The following system of methods was used in the research: analysis, synthesis, and the system approach. In addition, the comparative and legal methods were applied when analyzing the international norms and individual laws of the foreign states directed to combatting domestic violence. Results. The improvement of legal regulation in regard to the establishment of consistency of branches of law, first of all, administrative and criminal legislation. Basing upon the current norms of criminal, administrative, and family legislation, the conclusions are made of the consistency, wrongfulness, and public danger of domestic violence, the main form of which in Russia is physical abuse of the people having family and domestic relations with a law-breaker. Domestic violence is a complex social phenomenon. It appears depending upon the object of abuse and its consequences, as a rule, are spread to all family members. The violence acts are made mainly to women and have a latent character. Only the legally punishable acts provided by the legislation of administrative violations and criminal law can be considered the expression of domestic violence. Novelty. A complex interbranch approach to the domestic violence problem is used, the suggestions for the improvement of the current legislation are offered.

scholarly journals Vėliava – Flag – Drapeau, arba Ir vėl apie žmogaus teises

Teisė ◽  
2012 ◽  
Vol 83 ◽  
pp. 18-36 ◽  
Author(s):  
Gediminas Mesonis
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Legal Status ◽  
Freedom Of Speech ◽  
Legal Regulation ◽  
Human Right ◽  
Liberal Conception ◽  
The Us ◽  
Us Supreme Court ◽  
Anglo American

Straipsnyje analizuojama, kokią reikšmę turi skirtingos koncepcijos atskleidžiant konkrečios žmogaus teisės turinį. Konstatuojama, kad net „Vakarų“ demokratinėse valstybėse sprendžiant dėl žmogaus teisių turinio nuolat konkuruoja individualistinis ir traibalistinis požiūris į žmogaus teises. Esama koncepcijų dichotomija šiame straipsnyje iliustruojama žodžio laisvės turinio raidos kontekste. Straipsnyje į šios teisės turinio raidą žvelgiama per valstybės vėliavos teisinį statusą, analizuojant Jungtinių Amerikos Valstijų Aukščiausiojo Teismo jurisprudencijos ir kitų šalių teisinio reguliavimo patirtį. Konstatuojama, kad anglų–amerikiečių (liberalioji) žmogaus teisių ir laisvių koncepcija, spręsdama žmogaus teisės turinio problemą, prioritetą linkusi atiduoti konkretaus asmens, o ne grupės interesui.The article analyses the significance of different conceptions in disclosing the content of a concrete human right. It is stated that even in “western” democratic states, when one decides regarding the content of human rights, there is continuous competition between the individualistic and tribalistic approach to human rights. The existing dichotomy of these conceptions is illustrated in the context of the development of the content of freedom of speech. In the article the development of the content of this right is considered through the legal status of the flag, while analysing the experience of the jurisprudence of the US Supreme Court and that of legal regulation of other countries. It is stated that the Anglo-American (liberal) conception of human rights, while deciding the issue of the content of a human right, tends to give priority to the interest of a concrete person, but not that of a group.

Rules for serving administrative arrest: analysis of proposals to modern legislation

2021 ◽  
pp. 182-187
Author(s):  
M. Spivak
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Social Orientation ◽  
Detention Facility ◽  
The Rule Of Law ◽  
Facility Placement ◽  
Administrative Penalty ◽  
The Given

The analysis of the legislation on the application of administrative arrest was carried out. It is established that the position of the legislator comes down to the fact that administrative arrest is the most severe measure of administrative penalty, which is applied in exceptional cases. Appointed only by a court decision (judge) if, in the circumstances of the case, taking into account the identity of the offender, the judge concludes that the application of other types of penalties will be insufficient. The uniqueness of administrative arrest is manifested in the fact that it is established for committing administrative offenses with a special anti-social orientation. The statistics of application of administrative arrest by types of administrative offenses and also number of persons on whom the given penalty is imposed on regions of Ukraine are resulted. It is emphasized that in practice administrative arrest as a type of penalty is used very rarely, in some cases its application is complicated by the procedure of its imposition. Attention is focused on certain provisions of the Draft Law “On the rules of administrative arrest” on the introduction of the principles of administrative arrest; features of the legal status of arrested persons; the procedure for placing a person in a temporary detention facility; placement of persons subject to administrative arrest; rights and responsibilities of arrested persons. The expediency of amendments to the Code of Ukraine on Administrative Offenses is analyzed. In particular, parts two of Article 32 (Administrative arrest), parts one of Article 294 (Entry into force of a judge’s decision on an administrative offense and revision of the decision), Article 326 (Execution of a decision on administrative arrest and detention on guard duty). As well as additions to the Code by Article’s 326–1 (Petition for the imposition of the pretext and its consideration), 326–2 (Execution of the decision on the exercise of the pretext) and 328–1 (Petition for suspension of the term of administrative arrest and its consideration). The author of the article proposes to amend paragraph 2 of Article 6 of the Draft Law “On the Rules of Administrative Arrest”. Thus, adhere to the principle of non-discrimination enshrined in art. 3 of the draft law. According to the author, it would be logical, if there is an established procedure, to establish liability for violation of the rules and conditions of administrative arrest in the form of a separate provision to the Code of Ukraine on Administrative Offenses. The general conclusion is that the adoption of the Laws “On Rules of Administrative Arrest” and “On Amendments to the Code of Ukraine on Administrative Offenses in connection with the adoption of the Law of Ukraine “On Rules of Administrative Arrest”” will improve the legal regulation of application and administrative arrest, as a type of administrative penalty, to address a number of issues that exist in this area, which will ultimately contribute to the rule of law and respect for human rights in the application of the penalty.

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