scholarly journals Adaptation of standards of provision of government electronic services in Ukraine in the conditions of digital transformation.

2021 ◽  
Vol 3 (3) ◽  
pp. 153-159
Author(s):  
Krystyna Rezvorovych
Keyword(s):  
Property Rights ◽  
Birth Certificate ◽  
Digital Transformation ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Electronic Documents ◽  
Legal Norms ◽  
The Crimea ◽  
The Right ◽  
Human Capital Index

The article considers the issues of digital transformation in the legal field of electronic services. Ukraine has carried out a number of reforms regarding the digitization of paper documents and the transition to European norms of EU countries and Council of Europe standards. The article presents the main pillars of digital transformation, approved by the UN. The authors consider the dynamics of the EGDI-index and E-Participation index in Ukraine, EGDI sub-indices for 2003-2020, which reflects significant differences in the development of digital technologies and the decline of the Human capital index. Created in 2020, the online platform «Action» is gradually being filled with new types of services and databases of State Registers. The article raises the issue of taking into account the current territorial state of Ukraine, part of which is annexed in the Crimea and occupied in the Donbass, which complicates the provision of electronic services to internally displaced persons. As a result, there are constant legal conflicts with the documents of temporarily displaced persons, who lose the right to buy real estate, issue loans, pensions, intellectual property rights, and other property rights. It provides an overview of e-identification, authentication and trust services (eIDAS), which provides the basis for cross-border electronic identification, authentication and certification in the EU and should be implemented simultaneously in Ukraine. The authors generalized the legal norms on the introduction of the “paperless” regime in Ukraine and the validity of electronic documents: e-passports, e-birth certificate; IDP ID; e-student ticket. The Concept of e-Government development in Ukraine on the unresolved issue of electronic identification and authentication of individuals and legal entities in interaction with the authorities is analyzed. The article summarizes a number of legal conflicts with the presence of paper and electronic documents in the State Registers, the absence of which makes it impossible for temporarily displaced persons to receive electronic services.

scholarly journals Guarantees for Exercising and Protecting the Property Right of Internally Displaced Persons

2020 ◽  
Vol 91 (4) ◽  
pp. 130-139
Author(s):  
Z. I. Knysh
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Legal Status ◽  
Property Right ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Concrete Action ◽  
The Difference ◽  
The Right

The author has researched property relations of internally displaced persons, the peculiarities of which are determined by their legal status and the lack of sufficient legislative regulation to protect their property status. It has been emphasized that the realization of property rights occurs through the will and actions of the owner, which must fully comply with legal requirements, because the right of the owner to actions and the actions themselves – differ from each other. The difference between the content of a subjective right and its realization is, first of all, that the content of a subjective right covers only the possible behavior of an authorized person, and the realization of the right is a real, concrete action that leads to legal consequences. Therefore, the realization of property rights by internally displaced persons is absolute, i.e. absolute civil rights apply to an indefinite number of persons, except for the right of the owner. The legal categories of “realization”, “protection” and “defense” have been analyzed as integral components of the property right of internally displaced persons. It has been stated that protection is the category of the normal state of existence of the subjective right, and defense is the category of the subjective right in a violated state. It has been proved that in most cases people who have left their place of residence due to armed conflict or other forms of violence do not have a real opportunity to realize actual and sometimes legal (for example, due to the lack of proper documents on the property) possession. It indicates the need to introduce guarantees that will ensure not only the realization of property rights by internally displaced persons, but also the safety of their property. It has been offered to understand the guarantees of property rights of internally displaced persons as a set of methods, means and procedures aimed at ensuring the realization of their property rights. The author has formulated own definition and has suggested the classification of guarantees of property rights of internally displaced persons, with their division into general and special, as well as guarantees of the realization of the rights and guarantees of protection.

scholarly journals Sovereignty, Internal Displacement And Right Of Intervention: Perspectives From The African Union’s Constitutive Act And The Convention For The Protection And Assistance Of Internally Displaced Persons

2016 ◽  
Author(s):  
Shedrack Ekpa ◽  
Nuarrual Hilal Md Dahlan
Keyword(s):  
United Nations ◽  
Humanitarian Assistance ◽  
State Violence ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Human Rights Protection ◽  
The United Nations ◽  
The Right

The end of the cold war and the beginning of the new millennium brought with it a new phase in state relations in Africa as more persons became forcefully uprooted from their homes and their rights violated with impunity due to intractable internal conflicts amidst the Westphalian notion of sovereignty which frowns at interference in the internal affairs of any state which was the fulcrum upon which the United Nations (UN) and Organization of African Unity (OAU) was founded. This new awakening has increasingly made perception of sovereignty to be people oriented. In the case of the Africa which is the crux of this paper, the eventual change from OAU to AU was significant as the coming into force of African Union’s Constitutive Act and the Convention for the Protection and Assistance of Internally Displaced Persons climaxed major twist in the Africa’s perception of sovereignty and the right of intervention in relation to internally displaced persons (IDPs) within the continent. This article examines briefly the historical evolution of the concept of sovereignty and the right of intervention and their implications in the African context, and being conceptual and doctrinal in approach it analyses the context and legality of the African Union’s right of intervention arising from the regional treaties vis-à-vis the United Nations Charter with a view to vindicating the much celebrated ‘decisive break from the past’. It concludes that African Union’s current stance represents a bold and grandiose expression that is sincerely tailored towards ensuring effective human rights protection and humanitarian assistance for over 13 million internally displaced persons (IDPs) in Africa. Finally, the article contributes significantly to the scholarly debates surrounding right of intervention in relation to internal displacement as its resolution will in one or the other helps government and other stakeholders in their quest to curtail the scourge of intra and inter-state violence in Africa. Keywords: African Union, Sovereignty, Intervention, Internally Displaced Persons, State Responsibility

scholarly journals The right to an adequate standard of living, the right to entrepreneurial activity and the right to a pension for internally displaced persons in Ukraine

2020 ◽  
Vol 4 (4) ◽  
pp. 336-341
Author(s):  
Nataliya Isayeva
Keyword(s):  
The State ◽  
Standard Of Living ◽  
Entrepreneurial Activity ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
State Budget ◽  
Economic Rights ◽  
Internally Displaced ◽  
Financial Pressure ◽  
The Right

The problems of ensuring the state of such socio-economic rights and freedoms of internally displaced persons as the right to an adequate standard of living, entrepreneurship and pensions have been studied and proposals have been made to improve the existing national legislation in this area. The issue of the state of ensuring the right to an adequate standard of living for internally displaced persons and its relationship to the right to entrepreneurial activity and pension provision of such persons is covered. The issue of the state of ensuring the right to an adequate standard of living for internally displaced persons and its relationship to the right to entrepreneurial activity and pension provision of such persons is covered. It is emphasized that changes to the current legislation on the issuance of documents for the ap-pointment (recalculation) of pensions, firstly - will simplify the procedure for receiving pension benefits and social guarantees, secondly - reduce the burden on the judiciary, and thirdly - save time and money internally displaced persons for legal assistance. Thus, resolving this issue and amending the legislation will solve a set of problems, both for internally displaced persons and for the state, in terms of budget savings. It is emphasized that the solution of socio-economic problems of internally displaced persons falls on the state budget, which creates significant financial pressure. However, the state has committed itself to ensuring the constitutional rights of internally displaced persons and must therefore comply with it. Sometimes, there is not so much a need for funding as an effective mechanism for ensuring certain socio-economic rights.

The Right Not to Be Arbitrarily Displaced in Africa

2017 ◽  
Vol 25 (4) ◽  
pp. 459-481 ◽  
Author(s):  
Romola Adeola ◽  
Frans Viljoen
Keyword(s):  
African State ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
African Union ◽  
Displaced Persons ◽  
Main Root ◽  
International Treaty ◽  
Internally Displaced ◽  
The Right

The African Union Internally Displaced Persons (IDP) Convention is the first international treaty that recognises the right not to be arbitrary displaced in a legally binding instrument. This right gives rise to the corresponding duty on African state parties to protect their population against arbitrary displacement. In relation to the main root causes of internal displacement in Africa recognised under this binding instrument, this paper analyses the content of the right not to be arbitrary displaced and what states should do in order to prevent arbitrary displacement in line with their obligation under the IDP Convention.

scholarly journals The Legislative and Institutional Framework for War-affected Land Rights in Iraq: Up to the Task Post-ISIS?

2020 ◽  
Vol 34 (3) ◽  
pp. 267-289
Author(s):  
Jon D. Unruh
Keyword(s):  
Property Rights ◽  
Large Scale ◽  
Land Rights ◽  
Institutional Framework ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Central Question ◽  
Land Conflicts ◽  
Internally Displaced ◽  
Large Scale Land

Abstract Land and property rights in Iraq are an important component of recovery, particularly subsequent to the ISIS conflict. The return of 3.3 million internally displaced persons (IDPs) due to the ISIS conflict are encountering claimants who were dislocated from previous wars and expropriations. This results in numerous land conflicts that if not dealt with will contribute to the country’s instability. Of primary importance in this regard is an ongoing discussion in government and the international community which focuses on a central question—are the current laws and institutions in Iraq, made for stable socio-political settings, able to manage the large-scale land and property problems emerging and ongoing in the country? This article considers this question by examining and critiquing the current legislative and institutional framework in Iraq in the context of the historical-to-present trajectories of land rights problems and development of land and property laws and institutions.

scholarly journals The Legislative and Institutional Framework for War-affected Land Rights in Iraq: Up to the Task Post-ISIS?

2020 ◽  
pp. 1-23
Author(s):  
Jon D. Unruh
Keyword(s):  
Property Rights ◽  
Large Scale ◽  
Land Rights ◽  
Institutional Framework ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Central Question ◽  
Land Conflicts ◽  
Internally Displaced ◽  
Large Scale Land

AbstractLand and property rights in Iraq are an important component of recovery, particularly subsequent to the ISIS conflict. The return of 3.3 million internally displaced persons (IDPs) due to the ISIS conflict are encountering claimants who were dislocated from previous wars and expropriations. This results in numerous land conflicts that if not dealt with will contribute to the country’s instability. Of primary importance in this regard is an ongoing discussion in government and the international community which focuses on a central question—are the current laws and institutions in Iraq, made for stable socio-political settings, able to manage the large-scale land and property problems emerging and ongoing in the country? This article considers this question by examining and critiquing the current legislative and institutional framework in Iraq in the context of the historical-to-present trajectories of land rights problems and development of land and property laws and institutions.

scholarly journals Some directions of improvement of ways of interpretation of procedural administrative-tort legal norms of the customs legislation

2021 ◽  
Vol 66 ◽  
pp. 154-161
Author(s):  
V.V. Lipinsky ◽  
І. О. Skvirsky
Keyword(s):  
Property Rights ◽  
Progressive Increase ◽  
Sufficient Time ◽  
Legal Norms ◽  
Applicable Law ◽  
Correct Determination ◽  
The Right ◽  
Customs Administration ◽  
Administrative Penalty

Having studied the peculiarities of interpretation of administrative-tort provisions of customs legislation establishing the procedure for proceedings on violations of customs rules, the author, in particular, expresses the opinion that in order to ensure the legality and validity of the decision to impose administrative penalties through the correct determination of the circumstances of the case and the applicable law as well as through the choice of a fair type and amount of administrative penalty – the customs legislation on the right to explain the alleged offense and comment on the case should be interpreted in a way that the person prosecuted should be given sufficient time and procedural opportunities to express their position on the legal substantiation of the allegation that they committed an offense and on the proposed penalty, as well as to provide evidence on the circumstances of the case. Also, the author substantiates that the model of termination of proceedings in customs rules violation case on the basis of a compromise, introduced in the customs legislation, needs to be radically improved, because it is built so that this tool of customs administration does not correspond to its nature and purpose since under the current customs law this model demands unconditional admission of guilt and imposition of possible type and amount of administrative penalty, which is unchangeable according to negotiated mutual concessions. Moreover, the motivation of offenders to conclude amicable agreements with customs authorities is limited to avoiding stricter penalties for repeated offenses, which is incompatible with the principle of inevitability of liability and may devalue the progressive increase in penalties. In addition, the author proposes ways to expand the interpretation of customs law on the temporary seizure of goods, vehicles and documents to maximize the protection of property rights of enterprises, which in light of the circumstances may be unreasonable and disproportionate.

scholarly journals PROTECTION OF THE RIGHTS OF INTERNALLY DISPLACED PERSONS IN THE CONDITIONS OF THE CONFLICT IN DONBASS

2019 ◽  
Author(s):  
Andrii BUTYRSKYI Butyrskyi
Keyword(s):  
Legal Regulation ◽  
The State ◽  
International Norms ◽  
Point Of View ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
The Status ◽  
The Right ◽  
Different Levels

The conflict in Donbass is the greatest problem of Ukraine. As a result of this conflict, Ukraine has lost a part of its territory, a lot of money etc. But it is only a part of the problem. Some problems are invisible and arise only after a certain period of time. One of these problems is internally displaced persons. The article examines the problems that arise in the practice of realization of the rights of internally displaced persons in Ukraine and outlines possible ways of further work of state authorities of Ukraine in this area. The problem of internally displaced persons is nationwide since it concerns a very large number of people and is extremely important from a political point of view. It should be noted that the state is trying to resolve this problem in every possible way, but many issues remain unsolved regarding internally displaced persons, which led to the choice of the topic of our research. Speaking about the state's efforts to resolve the problems associated with the internally displaced persons, above all, implies attempts to regulate new relations for our country at the legislative level. At the same time, the legislation of Ukraine should be harmonized with generally accepted international norms, which should include the 1951 Convention Relating to the Status of Refugees and the 1954 Convention relating to the Status of Stateless Persons. Regarding the Ukrainian legislation on the internally displaced persons, at the legal level, these relations are regulated by the Law of Ukraine “On Providing Rights and Freedoms of Internally Displaced Persons” and many other by-laws. If the legal regulation of the problems of internally displaced persons is generally at an appropriate level, then in practice there are a lot of problems that range from small households to the most important ones, such as the right to vote in elections at different levels.

Sign in / Sign up

Export Citation Format

Share Document