scholarly journals ABOUT THE ORGANIZATION OF FORENSIC-EXPERT ACTIVITY: THE INTERNATIONAL ASPECT

2017 ◽  
Vol 17 ◽  
pp. 158-162
Author(s):  
A. A. Rusetskyi
Keyword(s):  
International Cooperation ◽  
Far East ◽  
International Standards ◽  
Political Life ◽  
International Treaties ◽  
Full Member ◽  
Forensic Expert ◽  
The Right ◽  
Work Done ◽  
Research Institute

Issues of international cooperation in the field offorensic expert activity are always relevant both for judicial power in general and for itself. The importance of such cooperation has increased in connection with the reform of political, economic, social and law enforcement systems in Ukraine. The main reasons for the need of international forensic- expert cooperation are the integration and globalization of international scientific relations and the implementation of its results in its own legislative and other bases. The issues of international forensic-expert cooperation have found their reflection in the international treaties in the field of expert activity with European countries, countries of the near and far east. These agreements define the procedure for calling experts abroad, give guarantees for the protection of experts, provide the right of the expert to reimburse travel and stay costs, as well as the right to payfor the work done. An urgent issue of international cooperation of Ukrainian expert institutions in the field of forensic expert activity is the entrance to the European Network of Forensic Science Institutes (ENFSI). Since 2002, the State Research Expert-criminalistic Center of the Ministry of Internal Affairs of Ukraine is a full member of ENFSI. To date, two expert institutions of the Ministry of Justice of Ukraine are members of the ENFSI - it’s the Hon. Prof. M. S. Bokarius Kharkiv Research Institute of Forensic Examinations and Kiyiv Research Institute of Forensic Examinations. International cooperation in the field of forensic-expert activity in Ukraine is a dynamically developing system that meets the interests of not only forensic experts, but also all the subjects ofpublic and political life. Integration of international standards into the nationalforensic- expert activity is conditioned by the development of innovative expert methods and techniques, which, in their turn, enhance the prestige and professionalism of Ukrainian expert institutions.

scholarly journals International standards activities of the Prosecutor´s office

2017 ◽  
Vol 5 (1) ◽  
pp. 78-87
Author(s):  
Виктория Джуманазарова ◽  
Александр Реховский
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Cooperation ◽  
International Association ◽  
International Standards ◽  
Professional Conduct ◽  
The World ◽  
High Standards ◽  
The Right ◽  
Drugs And Crime

The Article is devoted to the study of international standards and the activities of prosecutors, which were developed by the International Association of prosecutors in cooperation with the United Nations Office on drugs and crime in 2014. The basis of the adopted recommendations are high standards of ethics and professional conduct of prosecutors in the world. The supporting pillars of these standards are legality, justice, impartiality, respect for human rights and strengthening international cooperation in the name of fighting crime. The marked feature of the activities of the Prosecutor´s office on the basis of it has taken place in the system of state bodies. Highlighted the important points of the prosecution activities, such as the right of the Prosecutor to act according to discretion, including the decision to prosecute or withdraw from such, as well as interaction with members of society on an ongoing basis. The article presents a summary of the rules that may be used by prosecutors in various countries.

scholarly journals ABOUT INTERNATIONAL COOPERATION IN THE FIELD OF FORENSIC SCIENCE

2018 ◽  
Vol 18 ◽  
pp. 154-162
Author(s):  
О. М. Kliuiev
Keyword(s):  
International Law ◽  
Forensic Science ◽  
International Cooperation ◽  
International Standards ◽  
International Level ◽  
Mutual Cooperation ◽  
Strict Adherence ◽  
Relevant Today ◽  
Sovereign Equality ◽  
Forensic Expert

This article outlines general trends of international cooperation development in the field of forensic expert activity and positive experience for use in the practice of Ukrainian forensic science institutes activity. Also the main principles for international cooperation are universal and fixed in the Charter of the United Nations Organization and in the Declaration on the Principles of International Law, namely: principle of need for mutual cooperation between states, principle of sovereign equality of states; principle of faithful fulfillment of obligations according to requirements of international law; principle of respect of human rights and common freedoms are considered. Main attention is paid to the fact that results of the analysis of the state and dynamics of international cooperation in the field of forensic science demonstrate that currently main trends in various field have been formed, namely: organization of international forensic expert cooperation; scientific, methodological and technical support of forensic expert activity and provided them with a description. Author emphasis paid special attention to fact that the requirement for recognizing results of research at the international level is becoming relevant today. Consequently, any laboratory should meet requirements of international standards for the international recognition of the results of measuring activities. According to requirements of network of forensic institutes all laboratories of the European Community should be accredited according to international standard МСО 17025 (МСО 9001). Further strict adherence to this provision will allow the effective realization of cooperation elements while performing comprehensive many object examinations, increasing dynamics of methodological development through the differentiation of research results, organizing a wide exchange of information (in particular, information and reference arrays of samples) on a single methodological basis.Author concluded that introduction of international standards in activity of Ukrainian forensic science institutes is an urgent issue and the key to the recognition of Ukrainian forensic expert conclusions at the international level.

scholarly journals TAX EXCHANGE OF INFORMATION AND INTERNATIONAL COOPERATION IN BRAZIL

2015 ◽  
Vol 11 (1) ◽  
pp. 13-35 ◽  
Author(s):  
Heloisa Estellita ◽  
Frederico Silva Bastos
Keyword(s):  
International Cooperation ◽  
Tax Evasion ◽  
Legal Framework ◽  
Global Dimension ◽  
International Exchange ◽  
Tax Administration ◽  
International Treaties ◽  
Exchange Of Information ◽  
The Right ◽  
Supreme Court Rulings

Globalization and internationalization of companies are phenomena that need to be considered by modern tax administrations. In many situations, such as tax evasion, harmful tax competition and money laundering, domestic statutes seem to be ineffectual in a global dimension. Fo cope with that, new forms of regulation and regulators emerge. Under this view, an effort towards signing international treaties, conventions and agreements seems to be a feasible solution. The brazilian legal framework contains principles and rules that make international cooperation and exchange of information (eoi) with other countries possible. Furthermore, the brazilian tax administration has wide-ranging access powers to obtain information for international exchange purposes and has the tools to coercively produce such information. Brazil is following the right path to implement international exchange of information standards. However, there are some obstacles that need to be fixed for a more efficient implementation of these mechanisms. This article examines some topics of the brazilian legal and institutional framework on the tax exchange of information, such as a new model of approach of the tax administration, the tax transparency agenda and the international agreements on eoi matters, the brazilian supreme court rulings under bank secrecy and the rights of brazilian taxpayers regarding eoi.

scholarly journals Intelligence bodies of the state in the mechanism of ensuring the constitutional rights and freedoms of man and citizen: international standards and legislation

2020 ◽  
pp. 6-18
Author(s):  
Yuriy Voloshyn ◽  
Vladimir Proschayev
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Constitutional Rights ◽  
Full Member ◽  
Legal Provisions ◽  
Intelligence Agencies ◽  
The Law ◽  
The Right

The place and role of state intelligence bodies in the mechanism of ensuring constitutional rights and freedoms of man and citizen according to international standards and in the light of the newly adopted Laws of Ukraine «On the Foreign Intelligence Service of Ukraine» and «On Intelligence» are studied. It is proved that in Ukraine, as in other post-Soviet states that did not have intelligence legislation, but began to create it after the declaration of independence, the process of constitutional and legal regulation of intelligence agencies consisted of four stages (transitional, initial, basic and modern). Describing each stage, the authors stressed that the Ukrainian legislator is now in the fourth stage, which is characterized by the improvement of already adopted legislation on intelligence activities or the adoption of completely new laws based on new versions or amendments to constitutions (basic laws). It is emphasized that Ukraine has been one of the first states in the territory of the former USSR to adopt the fourth (modern) stage since the adoption of new legislative acts on the activities of intelligence agencies. Undoubtedly, the impetus for this was the amendment of the Constitution of Ukraine on the strategic course of the state to become a full member of Ukraine in the European Union and the North Atlantic Treaty Organization, which radically changed the direction and direction of intelligence use of available forces and means. It is noted that the newly adopted legislation was developed not out of thin air, but based on a set of already adopted regulations that fully reflect the complex threatening situation around Ukraine and clearly indicate the place of intelligence agencies in a single system of national security. It was necessary to summarize all the adopted preliminary normative material and summarize it in new legislative acts, which would in a new way regulate all issues of intelligence functioning in modern difficult conditions. The main positive points in the newly adopted laws are identified, namely: 1) granting categories that were previously used only in the theory of intelligence, the status of legal categories, which indicates the beginning of the process of forming a completely new set of special legal terms; 2) inclusion in the text of a separate article on the observance of human rights and freedoms in the conduct of intelligence activities; 3) inclusion in the Law of Ukraine «On Intelligence» of a separate section on the peculiarities of democratic civilian control over intelligence; 4) granting the right to intelligence agencies to conduct intelligence affairs. It is proposed to consider in the Ukrainian legislation some legal provisions of the legislation of European countries regarding parliamentary control, which, according to the authors, will significantly increase the effectiveness of control. It is substantiated that the Law of Ukraine «On Intelligence» should contain: - a list of principles of intelligence activities must be defined; - the obligation of the authorized judge of the court to draw up a decision on the refusal to grant permission to conduct an intelligence event is more correctly formulated; - the right of intelligence agencies to provide training, retraining and advanced training of persons involved in confidential cooperation, in the manner prescribed by law for intelligence officers, is more clearly defined. It is concluded that the newly adopted laws provide comprehensive guarantees of compliance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and fully reflect the needs of intelligence agencies in the legal regulation of their activities in modern conditions.

scholarly journals LEGAL PRINCIPLES OF ATTORNEY’S PARTICIPATION IN INTERNATIONAL COOPERATION DURING CRIMINAL PROCEEDINGS

2020 ◽  
pp. 374-383
Author(s):  
В. Ю. Монастирська
Keyword(s):  
Civil Rights ◽  
International Cooperation ◽  
International Standards ◽  
General Nature ◽  
Professional Activity ◽  
Scientific Article ◽  
Legal Assistance ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
The Right

The legal basis for the participation of a lawyer in international cooperation in criminal proceedings are international standards based on the provisions of international legal acts on human rights and freedoms and the implementation of criminal justice, guaranteeing the right to defense and the functioning of the bar. The view is supported that international legal acts regulating the activities of the bar can be divided into several groups, namely: international legal acts that ensure the realization of human and civil rights and freedoms of a general nature; international legal acts guaranteeing the realization of human and civil rights and freedoms of a special nature; international legal acts establishing general principles for the provision of legal aid and the activities of lawyers. A lawyer in criminal proceedings during international cooperation is involved to perform the function of protection in case of certain procedural actions within the framework of international legal assistance, extradition of persons who have committed a criminal offense, the implementation of criminal proceedings subject to its adoption. However, on a general basis, a lawyer in criminal proceedings for the protection of the rights, freedoms and legitimate interests of participants in criminal proceedings has the status of defense counsel. It is concluded that international legal acts provide for the exercise of the right to legal assistance of a lawyer in the implementation of international cooperation in criminal proceedings by: ensuring timely access of the lawyer to the client; confidentiality of the lawyer’s contacts with the client; enshrining in the legislation such a scope of professional rights of a lawyer, which in modern conditions of development of the state and society is sufficient for the effective implementation of legal aid; non-interference in the lawful professional activity of a lawyer, etc. The provisions formed in the scientific article can be used with the participation of lawyers in international cooperation in criminal proceedings in order to ensure human protection in pretrial investigation and judicial institutions, representation, participation in certain procedural actions.

ԱՌՈՂՋԱՊԱՀՈՒԹՅԱՆ ՈԼՈՐՏԸ ԿԱՐԳԱՎՈՐՈՂ ՄԻՋԱԶԳԱՅԻՆ ԻՐԱՎԱԿԱՆ ԱԿՏԵՐԻ ՎԵՐԼՈՒԾՈՒԹՅՈՒՆ/ANALYSIS OF INTERNATIONAL NORMS REGULATING HEALTHCARE/АНАЛИЗ МЕЖДУНАРОДНО-ПРАВОВЫХ АКТОВ В СФЕРЕ ЗДРАВООХРАНЕНИЯ

2020 ◽  
pp. 18-31
Author(s):  
Naira Zohrabyan
Keyword(s):  
United Nations ◽  
Legal System ◽  
Right To Health ◽  
International Norms ◽  
International Standards ◽  
International Treaties ◽  
Good Opportunity ◽  
National Legal System ◽  
Independent States ◽  
The Right

This article reviews norms of international treaties and other documents related to healthcare. United Nations conventions in the field of healthcare were subject to special attention. Practice of the Commonwealth of Independent States in ensuring right to health was also analyzed. The author demonstrates that the right to health has become an integral part of the national legal system and is enshrined in key legal acts. This provides with a good opportunity for the enjoyment of this right in compliance with the international standards.

Right to contestation, patron-client networks, and corruption

2012 ◽  
pp. 101-117 ◽  
Author(s):  
P. Orekhovsky
Keyword(s):  
Open Access ◽  
Political Life ◽  
Limited Access ◽  
The Right ◽  
Main Factor

In the paper the nature of Russian corruption is considered along the lines proposed by D. North, J. Wallis, and B. Weingast. The author considers patron-client networks as basic political and economic actors of the limited access order. The redistributive rent allocated within patron-client networks is not a corruption phenomenon. The main factor that is able to destroy patron-client networks and autonomous centers of power is the right to contestation (liberalization) according to R. Dahl. Realization of that right together with the right to participate in political life enables transition to the open access society.

The Politics of Repressed Guilt

2018 ◽  
Author(s):  
Claudia Leeb
Keyword(s):  
Historical Analysis ◽  
Political Life ◽  
Right Wing ◽  
National Socialist ◽  
Theoretical Concepts ◽  
Political Consequences ◽  
Critical Scholarship ◽  
Important Addition ◽  
Defensive Mechanisms ◽  
The Right

Through a critical appropriation of Hannah Arendt, and a more sympathetic engagement with Theodor W. Adorno and psychoanalysis, this book develops a new theoretical approach to understanding Austrians’ repression of their collaboration with National Socialist Germany. Drawing on original, extensive archival research, from court documents on Nazi perpetrators to public controversies on theater plays and museums, the book exposes the defensive mechanisms Austrians have used to repress individual and collective political guilt, which led to their failure to work through their past. It exposes the damaging psychological and political consequences such failure has had and continues to have for Austrian democracy today—such as the continuing electoral growth of the right-wing populist Freedom Party in Austria, which highlights the timeliness of the book. However, the theoretical concepts and practical suggestions the book introduces to counteract the repression of individual and collective political guilt are relevant beyond the Austrian context. It shows us that only when individuals and nations live up to guilt are they in a position to take responsibility for past crimes, show solidarity with the victims of crimes, and prevent the emergence of new crimes. Combining theoretical insights with historical analysis, The Politics of Repressed Guilt is an important addition to critical scholarship that explores the pathological implications of guilt repression for democratic political life.

Some Comments on the Highest Attainable Standard of Health

2020 ◽  
Vol 26 (2) ◽  
pp. 134-140
Author(s):  
Gabriela Belova ◽  
Stanislav Pavlov
Keyword(s):  
Health Resources ◽  
Right To Health ◽  
International Standards ◽  
Special Rapporteur ◽  
Health It ◽  
Significant Development ◽  
Cultural Rights ◽  
Optional Protocol ◽  
The Social ◽  
The Right

AbstractThe last decades present a significant development of the economic, social and cultural rights and specifically, the right to health. Until 2000, the right to health has not been interpreted officially. By providing international standards, General Comment No.14 on the right to the Highest Attainable Standard of Health has led to wider agreement that the right to health includes the social determinants of health such as access to various conditions, services, goods or facilities that are crucial for its implementation. The Reports of the Special Rapporteur on the right to health within the UN human rights system have contributed to the process of gaining the greater clarity about the right to health. It is obvious that achieving the highest attainable level of health depends on the principle of progressive implementation and the availability of the necessary health resources. The possibility individual complaints to be considered by the Committee on Economic Social and Cultural Rights was introduced with the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, entered into force in 2013.

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