scholarly journals Personnel Policy Strategy of the National Police of Ukraine in the Context of Updating Administrative and Legal Principles of Protecting Human Rights and Freedoms

2020 ◽  
Vol 89 (2) ◽  
pp. 211-226
Author(s):  
A. V. Tanko
Keyword(s):  
Human Rights ◽  
Police Officers ◽  
Legal Protection ◽  
State Regulation ◽  
The State ◽  
External Control ◽  
Personnel Policy ◽  
Legal Principles ◽  
Policy Strategy ◽  
National Police

The author of the article presents the results of the legal and scientific researches analysis of the personnel policy strategy of the National Police of Ukraine in the context of updating administrative and legal principles of protecting human rights and freedoms. The modern challenges and directions of the personnel policy of the National Police of Ukraine in the conditions of social conflicts escalation are determined. It is stated that the improvement of the personnel policy of the National Police in all stages of its hierarchical structure and all its units has recently influenced, first of all, on the administrative and legal status of this state structure, focusing its activities on human rights and freedoms protection as a general state priority. The concept of “personnel policy” of the National Police of Ukraine is considered as a multidimensional process. It is focused on the implementation of legislative, organizational, administrative, research and other bases for the implementation of the main developing issue of the National Police and its structures;  the regulation of procedures of structural units functioning and the police department competencies; defining the tasks, functions, rights, and responsibilities of personnel, as well as the responsibility level of police officers. It is determined that the personnel policy of the National Police is implemented through the totality of social functions of governmental institutions and determines the ways and means of provided reforms and the professionalism of their implementation. It is an important factor of the state integrity strengthening and the element of state regulation of the population lives and strategically determined by the general mission of the National Police. It involves promoting the implementation of state policy in the field of combating crime and ensuring public order, the realization of human rights and freedoms, interests of society and the state, the maintenance of public safety and the provision of services to persons in need within the limits of legislation. It is characterized by the general requirements for the competencies, functions, rights, and responsibilities of the personnel, as well as the responsibility level of police officers. According to the modern legislation, the National Police, as well as its separate units should be transparent in their actions, open enough for external control, including public control, its staff should be able to meet the needs of all segments of the population and structures of society in legal protection and maintaining security. It is proved that the ethical principles of the police officers’ activities are determined by the priority in serving the needs of individual citizens and society in the whole, by close cooperation and interaction with the population, territorial communities and public associations based on partnership and aimed at satisfying their needs, following the current legislation of Ukraine. It is determined that the perspective direction of the studied issue is the development of innovative methods and forms of training and advanced training of personnel capable to meet the professional requirements and ethical standards of policing.

scholarly journals Administrative and Legal Status of the National Police of Ukraine as a Subject of State Policy Implementation in Human Rights and Freedoms

2020 ◽  
Vol 76 (1) ◽  
pp. 32-38
Author(s):  
A. V. Tanko
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Policy Implementation ◽  
Police Officers ◽  
State Policy ◽  
Legal Status ◽  
The State ◽  
Human Rights Protection ◽  
The Law ◽  
National Police

The article is focused on studying the phenomenon of the administrative and legal status of the National Police as a subject of Ukrainian state policy implementation in human rights and freedoms. The author outlines the essence and content of the administrative and legal status of the National Police of Ukraine through the leading categories of "law" and "freedom", which are important for the democratic processes developing in Ukrainian society. The administrative and legal status of the National Police of Ukraine is considered as a set of characteristics and powers entrusted in the state legislation, a set of the following components: target – determined by the mission of the police to promote the state policy implementation in the fight against crime and peacekeeping, enforcement of rights, public and state interests; organizational – characterizes the structure of the National Police, consisting of a central police control facility, which consists of organizationally integrated structural units that ensure the implementation of the police tasks in human rights protection; competent – related to the definition of tasks, functions, rights, and duties, as well as the degree of responsibility of the law enforcement and its units and employees, determining the focus of their activities on the protection of the individual and the guarantee of the legitimacy of counteracting the state on the part of the person to protect their rights and freedoms. In practice, the implementation of the new administrative and legal status enables law enforcement to approve the law, enhance the communication and legal culture of police officers, overcome the traditional politicization and militarization of law enforcement by updating the organizing strategies of human rights activities, strengthen the state and professional discipline, make the police activities transparent, improve the control system and responsibility of police structures and professionals for malpractice.

scholarly journals Legal Protection for People with Disabilities in the Perspective of Human Rights in Indonesia

2021 ◽  
Vol 10 ◽  
pp. 538-547
Author(s):  
Faissal Malik ◽  
◽  
Syawal Abduladjid ◽  
Dewa Gede Sudika Mangku ◽  
Ni Putu Rai Yuliartini ◽  
...  
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Legal Protection ◽  
People With Disabilities ◽  
The State ◽  
Persons With Disabilities ◽  
Legal Recognition ◽  
State Regulations ◽  
Legal Principles ◽  
Constitutional State

The purpose of this research is to find out how the principles of legal protection for persons with disabilities and how the implementation of legal protection for persons with disabilities. Indonesia has strong legal principles in making Indonesia a constitutional state with the existence of regulations on guarantees for the protection and empowerment of persons with disabilities which are reflected in; Pancasila as the state philosophy, the Preamble of the 1945 Constitution, Law, TAP MPR, Conventions and International Declarations on human rights. Likewise, legal recognition of persons with disabilities can be seen from the regulations, both Indonesian state regulations, and regulations, or international organizations that provide legal guarantees for the rights of persons with disabilities.

scholarly journals ДІЯЛЬНІСТЬ ПРАВООХОРОННИХ ОРГАНІВ ЩОДО ЗАБЕЗПЕЧЕННЯ ПРАВ І СВОБОД ЛЮДИНИ

2020 ◽  
pp. 34-42
Author(s):  
А. В. Танько
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Life Experience ◽  
Legal Protection ◽  
Social Background ◽  
The State ◽  
Law Enforcement Agencies ◽  
Protection Of Human Rights ◽  
National Police

The results of the study, aimed at revealing the legal framework for ensuring human rights and freedoms as a basis for the activity of law enforcement agencies of Ukraine, and highlighting the role of the National Police in ensuring human rights and freedoms, are presented. The scientific novelty of the study is that, based on the study of international and national regulatory legislation, the essence of the leading definitions related to the protection of human rights and freedoms is specified: «rights, freedoms», «human and citizen's rights», «protected features», «intersectionality», «law enforcement agencies», differentiated the concept of «rights» and «freedom», revealed the specifics of human and citizen rights, systematically analyzed the legal basis of social and legal protection, defined the role of law enforcement agencies, of the National Police of Ukraine in the Protection of Human Rights and Freedoms, outlined ways to increase the effectiveness of law enforcement agencies in ensuring social stability in society. It is established that an in-depth understanding of the essence of human and citizen's rights and freedoms ensures adherence to the democratic course of development of the state, selection of such forms and directions of activity of its human rights bodies and institutions, which ensure the implementation of the principle of guaranteeing the security of a person, which was enshrined in many international documents, received its further development of national legislation. Based on the study of specific regulations, the concept of «protected features» – the characteristics of a person under which there can be no privileges or restrictions in the society (race, color, political, religious and other beliefs, gender, ethnic and social background, property status, place) residence, linguistic or other features), and intersectionality – the totality or inter­section of these features in the context of considering the circumstances of a particular person's life. On this basis, the essence of human rights and freedoms as a general orientation of the state and all its institutions on the equality and fair distribution of public goods and resources is substantiated. It is emphasized that among the state bodies, which are obliged to take measures to ensure the constitutional rights and freedoms of citizens, the National Police plays an important role, which, in comparison with other law enforcement agencies, addresses the most issues related to the protection of human rights and freedoms. It is determined that this human rights structure, unlike others, was created for direct contact with citizens, and therefore the quality of human rights services provided by the state can be directly assessed by each person from his or her own life experience. Accordingly, the public's perception of all other law enforcement activities depends on the quality and efficiency of the work of the National Police.

RESEARCH ON INVESTMENT AND INNOVATION ACTIVITY IN UKRAINE: TRENDS AND PROBLEMS

2018 ◽  
Vol 1 (01) ◽  
pp. 5-73
Author(s):  
Anatoliy Ivanovich Bogdanenko
Keyword(s):  
State Policy ◽  
Innovation System ◽  
State Regulation ◽  
The State ◽  
Innovation Activity ◽  
Legal Principles ◽  
Innovation Activities ◽  
Wide Range ◽  
Intellectual Potential ◽  
Innovation Processes

In the monograph the theoretical identification of concepts and categorical series of state regulation of investment-innovation processes are investigated; the directions of optimization of the state policy of innovation and investment development management in Ukraine are determined; the organizational and legal principles of the state regulation of development of intellectual potential of the population are substantiated; the areas of development and improvement of the national innovation system as an object of state policy are highlighted and assessed. The monograph will be interesting for scholars, lecturers, doctoral and graduate students, and will also be useful to practical politicians, journalists and media workers and a wide range of readers interested in investment and innovation activities.

scholarly journals Human Rights Violation of Transgender People: A Critical Analysis on Bangladesh Perspective

2018 ◽  
pp. 165-175
Author(s):  
Puja Mitra
Keyword(s):  
Human Rights ◽  
Gender Identity ◽  
Police Officers ◽  
Critical Analysis ◽  
Legal Protection ◽  
Economic Activities ◽  
Transgender People ◽  
The Third ◽  
Women And Children ◽  
Third Gender

Transgender people are discriminated based on their gender identity, especially, in the societies of South Asian countries. The legal recognition of this ‘third sex’ had to wait long in countries like India, Pakistan, Nepal and Bangladesh. The human rights of these people are being violated in every sector although having been recognized as ‘citizens’ by their respective governments. Many countries have already started to let them get involved in different social and economic activities. In 2013, the Bangladesh government declared the status of the third gender to the transgender people of its territory. This recognition was aimed to protect all the human rights of the third gender enabling them to identify their gender as ‘Hijra’ in all government documents and passport. Section 27 of the Constitution of Bangladesh states that ‘All the citizens are equal before the law and are entitled to equal protection of law’. But the legal protection of the human rights of the newly recognized third gender is questionable till now. The Prevention of Oppression against Women and Children Act, 2000 describes the rights of only women and children. In Bangladesh, the transgender people are becoming rape victims everywhere but unlike women and children, their rape cases never get filed as the police officers do not even believe that anyone can rape these third genders. This social taboo and negligence are costing the sexual minorities their human rights like legal protection. Therefore, it has become important to address this issue to create social awareness which might induce the urgency to practice equal laws for every gender identity. In this paper, a critical analysis of the human rights of Bangladeshi transgendered people has been performed. Finally, the human rights condition of transgender people of Nepal and India is also discussed.

THE ROLE OF THE JUDICIARY IN THE CONSTITUTIONAL AND LEGAL MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS

2018 ◽  
Author(s):  
Mariana Khmyz ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal Aspect ◽  
Legal Protection ◽  
The State ◽  
Time Dynamic ◽  
Protection Of Human Rights ◽  
The Law ◽  
Judicial Protection

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.

scholarly journals PERLINDUNGAN HUKUM ATAS HAK POLITIK PEREMPUAN OLEH NEGARA

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Yosefina Daku
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
The Political ◽  
Political Rights ◽  
Political Field ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Law

As the law states, Indonesia  provide the protection of the rights for of all people without the discrimination. By the basis of the mandate of the Preamble to the Constitution of 1945 that "a just and civilized humanity," the Indonesian state guarantees of a society that is fair. Political rights granted by the country with regard to discrimination is legal protection by the state against women's political rights. By participating in the convention and recognized in the form of Law Number 7 Year of 1984 on Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, an attempt by the state to remove the problems in realizing the equality of women and men. Therefore  the  problem  that  can  formulated are: 1) how the legal protection of women's political rights in Indonesia? 2) how the implementation of Law Number 7 Year of 1984 on Ratification of the Convention on the Eliminationof All Forms of Discrimination Against Women Related Political Rights of Women?. The purpose of this study was to examine the legal protection by the state against the ful fillment of women's political rights in Indonesia and the implementation of protection of women's political rights pursuant of Law Number7 Year of 1984. This research is a normative law. The technique used in this research is to use the concept approach and statutory approach to reviewing the legislations and legal literatures. Rights protection as a form of justice for each person more specifically regulated in Law about Human Rights. Protection of the rights granted to women by the state including the protection of the political field regulated in some provisions of other legislation. By removing discrimination against women in it’s implementation still look at the culture and customs which is certainly not easy to do and the state is obliged to realize the objectives of the convention

Legislative discrepancies: an analysis of Missouri’s current human trafficking laws and the need to improve its legal protection of victims

2020 ◽  
Vol 13 (2) ◽  
pp. 143-158
Author(s):  
Rachel Kappler ◽  
Arduizur Carli Richie-Zavaleta
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Best Practice ◽  
Legal Protection ◽  
State Level ◽  
The State ◽  
Safe Harbor ◽  
Content Type ◽  
The Usa

Purpose Human trafficking (HT) is a local, national and international problem with a range of human rights, public health and policy implications. Victims of HT face atrocious abuses that negatively impact their health outcomes. When a state lacks protective laws, such as Safe Harbor laws, victims of HT tend to be seen as criminals. This paper aims to highlight the legal present gaps within Missouri’s anti-trafficking legislation and delineates recommendations for the legal protection of victims of HT and betterment of services needed for their reintegration and healing. Design/methodology/approach This case-study is based on a policy analysis of current Missouri’s HT laws. This analysis was conducted through examining current rankings systems created by nationally and internationally recognized non-governmental organizations as well as governmental reports. Additionally, other state’s best practice and law passage of Safe Harbor legislations were examined. The recommendations were based on human rights and public health frameworks. Findings Missouri is a state that has yet to upgrade its laws lately to reflect Safe Harbor laws. Constant upgrades and evaluations of current efforts are necessary to protect and address HT at the state and local levels. Public health and human rights principles can assist in the upgrading of current laws as well as other states’ best-practice and integration of protective legislation and diversion programs to both youth and adult victims of HT. Research limitations/implications Laws are continually being updated at the state level; therefore, there might be some upgrades that have taken place after the analysis of this case study was conducted. Also, the findings and recommendations of this case study are limited to countries that are similar to the USA in terms of the state-level autonomy to pass laws independently from federal law. Practical implications If Safe Harbor laws are well designed, they have greater potential to protect, support and assist victims of HT in their process from victimization into survivorship as well as to paving the way for societal reintegration. The creation and enforcement of Safe Harbor laws is a way to ensure the decriminalization process. Additionally, this legal protection also ensures that the universal human rights of victims are protected. Consequently, these legal processes and updates could assist in creating healthier communities in the long run in the USA and around the world. Social implications From a public health and human rights perspectives, communities in the USA and around the world cannot provide complete protection to victims of HT until their anti-trafficking laws reflect Safe Harbor laws. Originality/value This case study, to the best of the authors’ knowledge, is a unique analysis that dismantles the discrepancies of Missouri’s current HT laws. This work is valuable to those who create policies at the state level and advocate for the protection of victims and anti-trafficking efforts.

scholarly journals Politiets brug af peberspray

2017 ◽  
Vol 103 (3) ◽  
Author(s):  
Diverse: Garly Andersen & Vedel Kessing
Keyword(s):  
Human Rights ◽  
Health Risks ◽  
Police Officers ◽  
Health Authority ◽  
Qualitative Interviews ◽  
International Human Rights ◽  
Danish Health ◽  
International Human ◽  
National Police ◽  
Comprehensive Study

English title: Police use of pepper sprayThis article discusses the use of pepper spray by police since its introduction to Denmark in 2008. Pepper spray contains pepper extract and has been assessed as capable of causing serious health risks by the Danish Health Authority. International human rights bodies have also expressed concerns about the use of pepper spray. Despite this, no comprehensive study or evaluation of the use of pepper spray has ever been conducted in Denmark. The article uses qualitative interviews with police officers and people exposed to pepper spray, as well as a review of reports from police officers about their use of pepper spray, in an examination of whether Danish rules and practices fully comply with human rights requirements and recommendations. The situations in which pepper spray is typically used are described with a focus on where it is used and who it is used against. The authors express concern about the use of pepper spray in a number of situations and argue that its authorization should be more restrictive and precisely regulated. Finally, the article describes a dialogue with the Danish National Police and the pending police act regulating pepper spray.

scholarly journals Perkawinan Sejenis Menurut Hak Asasi Manusia Dalam Perspektif Hukum Islam

2016 ◽  
Vol 16 (1) ◽  
pp. 77-83
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Secondary Data ◽  
The State ◽  
Human Rights Law ◽  
Marriage Law ◽  
Men And Women ◽  
Legal Principles ◽  
Homosexual Marriage

Purpose of this study is to analyze that the homosexual marriage in accordance with human rights which is just and civilized, and to determine the homosexual marriage according to the marriage act and the perspective of Islamic law. The method used is a method normative considering that this study emphasizes that the secondary data that is studying and reviewing principles, materials and positive legal principles that of the materials libraries that exist in legislation marriage law and human rights law in Indonesia. Results from this study showed that the homosexual marriage in the name of human rights it violates human rights itself. Because the rights that should be fought is right according to the nature of natural and ordained by God, since man was created in pairs regarding marriages recognized by the state is only marriages between men and women can also be seen in Article 34 paragraph (1) of the Act Number 23 the Year 2006 concerning population administration.

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