scholarly journals FORENSIC ACTIVITY AS AN OBJECT OF ADMINISTRATIVE AND LEGAL REGULATION

2020 ◽  
Vol 21 (1) ◽  
pp. 267-280
Author(s):  
I. Ovsiannykova
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Social Relations ◽  
Legal Regulation ◽  
The Rule Of Law ◽  
The Social ◽  
European Standards ◽  
Stable Development ◽  
Society Today

Any society today is a system consisting of certain objects and entities that constantly interact with each other, it requires introducing an effective social and administrative mechanism that would timely regulate the social relations and norms of participants’ behavior of such relationships, maintain their organization, orderliness and stable development, contributing to proper regulatory order.   Observing the political steps of the Ukrainian government along the path of European standards, we can argue about the actualization of democratic values implementation and the establishment of an effective state power system, where the content and focus of the state determine human rights and freedoms.   Considering the above, the analysis of problematic issues arising during the study of the administrative regulation effectiveness of forensic activities is an urgent need today.   Based on the analysis of scientific sources and Ukrainian legislation, forensic activity in the article is considered as one of the administrative and legal regulation objects, the purpose of which is to establish the rule of law and strengthen institutions at all levels in the field of management in general and in law enforcement and judicial authorities in particular on the basis of the principle of human rights and fundamental freedoms respect. It should also be borne in mind that forensic science occupies a special place in implementation of the principle of rule of law and citizens’ rights and freedoms protection, since the effective functioning of the constitutional foundations of the entire human rights system of power in Ukraine largely depends on it. Thus, the current legislation of Ukraine, as part of the ongoing legal reform, should be aimed at enhancing the role and reassessing the importance of forensic examinations institution, without which investigation of the case cannot be effectively carried out and the crime solved.

APPLICATION OF THE RULE OF LAW IN JUDICIAL PRACTICE

2017 ◽  
Author(s):  
Lyudmyla Bogachova ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Relations ◽  
Political Power ◽  
Early Stage ◽  
The State ◽  
Broad Sense ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Judicial Practice

The article defines the concept of the principle of the rule of law both in the narrow and broad sense. In the narrow sense, the principle of the rule of law is understood as the rule of law over legislation, and in the broad sense - as the rule of law over the state, state arbitrariness. Different approaches to disclosing the content of the principle of the rule of law in national and European legal doctrines are systematized. The lack of a single generally accepted concept of the principle of "rule of law" is emphasized. The decisions of the European Court of Human Rights are analyzed; attention is focused on their interpretation of the rule of law. The realization of the principle of the rule of law, primarily presupposes the domination of inalienable and inviolable human rights and freedoms over the political power of the state, and also requires quality laws and observance of the principle of legal certainty. The interpretation of the principle of the rule of law in the decisions of the Constitutional Court of Ukraine is considered. The CCU emphasizes that the rule of law is first and foremost the "rule of law in society"; characterizes the principle, linking it to the ideas of social justice, freedom and equality, without which it is impossible to imagine true human development and existence. The Constitutional Court calls justice as one of the basic principles of law, which is crucial in defining it as a regulator of social relations, one of the universal dimensions of law. Examples of application of the rule of law in the practice of the Supreme Court of Ukraine are given. Judges not only make a formal reference to the rule of law, but also try to analyze and disclose the content of its constituent elements (requirements) within a specific legal case. The main problems that hinder the effective implementation and realization of the rule of law in judicial practice are identified, namely - the lack of proper regulation and official interpretation; low quality of laws and legislative process; excessive number of conflicting laws; low level of legal awareness and legal culture of Ukrainian society, and early stage of civil society development in Ukraine. It is concluded that the rule of law is a principle whose main content is expressed in the following aspects: ensuring the rule of law over political power; subordination of state institutions to the needs of human rights protection and ensuring their implementation; priority of these rights over all other values of democratic, social, and legal state; preventing the manifestation of arbitrariness of state power, as well as ensuring compliance with the requirements of justice.

scholarly journals KENDALA DALAM PELAKSANAAN FUNGSI BALAI PEMASYARAKATAN DALAM PERLINDUNGAN HAK ASASI MANUSIA PADA SISTEM PERADILAN ANAK

2021 ◽  
Vol 3 (2) ◽  
pp. 94-100
Author(s):  
Nuryuli Nurdin ◽  
Baso Madiong ◽  
Yulia A. Hasan
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Justice System ◽  
The Rule Of Law ◽  
Protection Of Human Rights ◽  
Law Enforcement Officials ◽  
Three Stages ◽  
Collection Methods

Penelitian ini bertujuan untuk mengetahui Pelaksanaan Fungsi Balai Pemasyarakatan (BAPAS) Makassar Dalam Perlindungan Hak Asasi Manusia Pada Sistem Pidana Anak dan Kendala Balai Pemasyarakatan dalam Perlindungan Hak Asasi Manusia Pada Sistem Peradilan Anak. Penelitian merupakan penelitian normatif. Metode Pengumpulan Data melalui wawancara dan dokumentasi. Teknis Analisis data ini merupakan analisis kualitatif. Hasil penelitian menunjukkan bahwa Balai Pemasyarakatan kelas I Makassar sebagai salah satu penegak hukum khususnya dalam pembimbingan terhadap anak nakal menjalankan perannya tersebut melalui tiga tahap, yaitu tahap Pra ajudikasi, tahap ajudikasi dan tahap Post ajudikasi. Faktor kendala yang dihadapi dalam pelaksanaan Fungsi Balai Pemasyarakatan (BAPAS) antara lain kelemahan aturan hukum yang berlaku terhadap tindak pidana anak, kurangnya koordinasi diantara sesama aparat penegak hukum, rendahnya kualitas sumber daya manusia di BAPAS, and kurang Sarana dan Prasarana yang memadai. Mengakibatkan pelaksaan Fungsi Balai Pemasyarakatan (BAPAS) kurang optimal, dan alokasi anggaran dana yang sangat minim. This study aims to determine the implementation of the function of Makassar Correctional Center (BAPAS) in the Protection of Human Rights in the Criminal Justice System of Children and the Obstacles of the Correctional Center in the Protection of Human Rights in the Justice System of Children. This research is normative research. Data collection methods were through interviews and documentation. Technical analysis of the data is a qualitative analysis. The results showed that Correctional Center Class I Makassar as one of the law enforcers, especially in guiding delinquents carried out their roles in three stages, which are the Pre-adjudication stage, the adjudication stage and the Post-adjudication stage. Obstacles faced in the implementation of the function of Correctional Center (BAPAS) are weaknesses in the rule of law that applies to the crimes of children, lack of coordination among law enforcement officials, low quality of human resources at BAPAS, and lack of adequate facilities and infrastructure. As a result, the implementation of the function of Correctional Center (BAPAS) is not optimal, and the budget allocation for funds is very minimal.

scholarly journals Principles оf Regulatory Activity of Bodies State Authority

2021 ◽  
Vol 7 ◽  
pp. 52-60
Author(s):  
Zoya Pogorelova
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Rule Of Law ◽  
Fundamental Principle ◽  
Legal Regulation ◽  
Scientific Validity ◽  
Public Authorities ◽  
The Rule Of Law ◽  
The Government ◽  
Rule Making

The article, based on clarifying the content of related concepts of law-making, considers the principles of the rule-making activity as the power activity of public authorities. Such principles include the principles of humanism, democracy, the rule of law, human rights, and scientific validity of rule-making decisions, which necessitates the professionalism of rule-making activities, planning, systematics, complexity, timely revision and updating of legislation, and transparency. The content of these principles is revealed, their ranking is carried out, their importance for legal science and practice is emphasized, and the positions of scientists concerning their optimal list and characteristics are analyzed. In particular, attention is drawn to the fact that the principle of humanism is reflected in the fundamental values that underlie the constitutional order, the basis of the current law and human rights enshrined in the Constitution and laws of Ukraine: human dignity, the right to self-realization, justice and freedom, non-discrimination and equality before thelaw, tolerance, responsibility and respect for others. The principle of democracy, as a fundamental principle of rule-making, legitimizes the subjects of rule-making and creates a basis for their legal activities. The rule of law is also a fundamental principle of rule-making (including its components such as the principle of direct effect of the Constitution of Ukraine, the rule of the Constitution as the Basic Law, the principle of legality, legal certainty, the equality before the law and non-discrimination, and proportionality). It is emphasized that the principle of scientific validity of rule-making decisions necessitates professionalism of rule-making activities, and ensuring a high professional level of rule-makers makes it possible to carry out rule-making activities at a high scientific level, on a planned, systematic, comprehensive basis, the legal regulation of public relations, and the implementation of state functions. Aspects of the principle of publicity of normative activity of the Parliament, the Government, and the President of Ukraine are also analyzed.

scholarly journals RULE OF LAW AND LEGALITY AS PRINCIPLES OF NATIONAL POLICE ACTIVITY

2021 ◽  
pp. 45-53
Author(s):  
А. Т. Комзюк ◽  
Salmanova O. Yu.
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Police Officers ◽  
Legal Regulation ◽  
General Idea ◽  
The Rule Of Law ◽  
The Law ◽  
Definition Of ◽  
National Police ◽  
The Relationship

The article defines the relationship between the principles of the rule of law and legality and their importance in the activities of the National Police of Ukraine. Indicated, that the principle of the rule of law is enshrined in the Constitution of Ukraine, and in relation to the National Police – also in the Law on it. Attention is drawn to the fact that the definition of the rule of law in the Constitution and the Law of Ukraine «On the National Police» is interpreted differently. Therefore, in a generalized form, the principle of the rule of law is proposed to be interpreted as the idea of the rule of law, which is embodied in the creation of appropriate laws, their proper implementation, prohibition of arbitrariness, human rights, non-discrimination and equality before the law. It was emphasized that it was expedient to define this principle as a general idea in the Law “On the National Police”, as its other components cannot always be fulfilled in the activity of the police. In particular, the authorities and police officers cannot question the compliance of the law with the ideas of social justice, freedom, equality, etc. Nor can they, in the performance of their tasks and functions, be guided by norms of morality, traditions, customs, etc., and not by formally defined norms of law (ie laws). It is in the light of such reservations that it is proposed to define this principle. The police must implement it through certain requirements – legality, prohibition of arbitrariness, respect for human rights, non-discrimination and equality before the law. Therefore, legality is of paramount importance in the activity of the police – the police act exclusively on the basis, within the powers and in the manner determined by the Constitution and laws of Ukraine. In this regard, the proposals to improve the legal regulation of the rule of law and legality as principles of the National Police of Ukraine are substantiated.

ECONOMIC EFFICIENCY OF LEGAL NORMS AND ITS ASSESSMENT THROUGH THE PRISM OF THE RULE OF LAW (ON THE EXAMPLE OF TAX LEGISLATION)

2021 ◽  
Vol 2021 (2) ◽  
pp. 63-74
Author(s):  
Volodymyr USTYMENKO ◽  
◽  
Ruslan DZHABRAILOV ◽  
Keyword(s):  
Public Relations ◽  
Rule Of Law ◽  
Social Relations ◽  
Tax Policy ◽  
Legal Regulation ◽  
The State ◽  
Project Work ◽  
Economic Science ◽  
Economic Criterion ◽  
The Rule Of Law

It is noted that an important quality of legal regulation should be the effectiveness of the method and means chosen by the state to promote the achievement of the planned socio-economic result. Despite the fact that some principles of normative project work have been covered at the legislative level (in particular, on the example of legislation in the field of regulatory policy), the practice of adopting normative legal acts the effectiveness of which remains questionable continues. One of the reasons for this state of legal regulation of social relations is the improper consideration, and sometimes conscious disregard for theoretical and applied constructions that have been substantiated within the framework of legal and economic science. As a result, this leads to the establishment of an unjust order in a certain area of public relations, which threatens the further sustainable development of the state. In view of this, attention is focused on the defects of the implementation of legal principles, especially the principle of the rule of law, in the field of legal regulation of economic relations, which leads to the imaginary effectiveness of the relevant legal acts. It is proved that the effectiveness of legal regulation of public relations will be evidenced not only by the rate of achievement of the expected result at the expense of the minimum necessary resources of economic entities, citizens and the state (i.e. the economic criterion), but also the degree of compliance with the rule of law, which will allow to talk about promoting the adoption by a legal act of the ideology of justice. Based on the analysis of some examples of legislative practice in the field of taxation, it is established that the adoption of regulations contrary to the rule of law has led to the direction of tax policy to achieve socio-economic results that contradict the principles of tax policy as a type of economic policyand principles of social policy of the state in terms of income redistribution set out in strategic documents.

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.

The problem of non-implementation of judgements of the European Court of Human Rights in Ukraine in the context of the rule of law (methodological and comparanive aspects)

2021 ◽  
Vol 28 (2) ◽  
pp. 17-24
Author(s):  
Oleksandr V. Petryshyn ◽  
Oleh O. Petryshyn ◽  
Oleh S. Hyliaka
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Damage Control ◽  
Depth Resolution ◽  
Legal Regulation ◽  
Decision Makers ◽  
The Rule Of Law ◽  
European Court ◽  
International Obligations ◽  
Key Aspects

The article is devoted to the problem of non-implementation of the decisions of the ECtHR in Ukraine in the context of the rule of law. The relevance of the subject matter is substantiated by the critical situation regarding Ukraine's compliance with its international obligations. The objective of the study is to develop a set of principles and policies to be implemented in Ukraine to strengthen the rule of law (as a fundamental democratic institute), as an essential factor for ensuring human rights in the context of re-establishing a proper international cooperation with the key European institution in the field of human rights. According to the analysis of the degree of coverage of the issue, the existing papers on the mentioned problem are rather described by point-by-point recommendations aimed at “damage control”, rather than at an in-depth resolution of the situation. The methodological basis of the research consists of the complex of general and special research methods, while philosophical methods were used to ensure the understanding of the essence, characteristics, and features of the phenomena under study. The research resulted in the development of a set of theses that demonstrate the depth of the problem under study that manifests through untimely and inconsistent normative-legal regulation, lack of tangible means of protection of human rights in Ukraine, inappropriate approach to the adoption and execution of international obligations. The authors argue in favour of the need to ensure three key aspects of the implementation of the rule of law – guaranteeing consistency of state policies and actions of officials; the formation of a stable system of administrative management; accountability, and responsibility of decision-makers. The practical relevance of the study is manifested through a set of recommendations, including the creation of a system to assess the effectiveness of reforms in terms of the rule of law; the formation of a mechanism for implementing the responsibility of decision-makers; the revision of procedures for the adoption of legal acts; the need to restart and complete the reform of the justice system, to involve NGOs in the processes of forming such; to create rules of cooperation between the state and the elites

Particularitățile procedurii de contestare a actelor executorului judecătoresc în legislația din Republica Moldova

2021 ◽  
Vol 2021 (2021) ◽  
pp. 101-111
Author(s):  
Igor COBAN ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
European Convention ◽  
The Rule Of Law ◽  
Republic Of Moldova ◽  
Civil Court ◽  
Procedural Law ◽  
The Republic ◽  
The Right

Enforcement is a fundamental institution of civil procedural law and an essential component of justice in a state governed by the rule of law. Enforcement in the light of the European Convention on Human Rights is an integral part of the „right to a fair trial”. The mere recognition of the right or the obligation of the debtor to restore the violated or contested right is often not enough. The legislator of the Republic of Moldova modernized the enforcement system by reforming it to the private system of enforcement of civil court documents. The object of this study is the particularities of the procedure for contesting the acts of the bailiff according to the legislation of the Republic of Moldova.

Corruption and Tax Evasion in Croatia

2014 ◽  
Vol 6 (2) ◽  
pp. 141-165
Author(s):  
Predrag Bejaković
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Tax Evasion ◽  
Political Support ◽  
The Rule Of Law ◽  
East European ◽  
The Social ◽  
The Republic ◽  
The Government ◽  
Run Up

South-East European countries continue to suffer from wide-spread and deeply rooted corruption. This article is concerned with the social and economic sources of corruption and disrespect for the rule of law in the Republic of Croatia (rc), with particular attention being paid to tax evasion. Although the government of the rc has expressed a determination to undertake measures against corruption and tax evasion, it faces criticism that the fight against these social evils is not being given sufficient political support and respect. While it is clear that in the run up to joining the eu the rc has enacted different laws and institutions targeted towards the reduction of corruption; a serious problem remains in the low level of law enforcement. Croatia’s ineffective legal system and a lack of transparency have consequently presented significant challenges to investors. Moreover, the fight against corruption is often hampered by an inefficient public administration and a lack of intra-governmental coordination.

scholarly journals OFFENSE - THE ONLY GROUND FOR CRIMINAL LIABILITY

2014 ◽  
Vol 8 (4) ◽  
pp. 149-156
Author(s):  
Laura-Roxana Popoviciu
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Rule Of Law ◽  
The Social ◽  
The Law

This study aims to examine the offence as the only ground for criminal liability. Article 15, paragraph 2 of the Criminal code provides that: “offences are the only grounds for criminal liability”, which implies the existence of an act, which is detected by the bodies empowered under the law in the form required by law, and also this principle comes as a guarantee of the person’s freedom because, without committing an act provided for by the law as an offense, the criminal liability cannot exist.The criminal liability is one of the fundamental institutions of the criminal law, together with the institution of the offence and of the sanction, set in the various provisions of the Criminal code.As shown in the Criminal code, in Title II regarding the offence, there is a close interdependence among the three fundamental institutions. The offence, as a dangerous act prohibited by the criminal rule, attracts, by committing it, the criminal liability, and the criminal liability without a sanction would lack the object. It obliges the person who committed an offence to be held accountable for it in front of the judicial bodies, to bide the sanctions provided for by the law, and to execute the sanction that was applied.The correlation is also vice-versa, meaning that the sanction, its implementation, cannot be justified only by the existence of the perpetrator’s criminal liability, and the criminal liability may not be based only on committing an offence.The criminal liability is a form of the judicial liability and it represents the consequence of non-complying with the provision of the criminal rule. Indeed, the achievement of the rule of law, in general, and also the rule of the criminal law implies, from all the law’s recipients, a conduct according to the provisions of the law, for the normal evolution of the social relations.

Sign in / Sign up

Export Citation Format

Share Document