scholarly journals Peculiarities of Using International Legal Standards in the Field of Ensuring the Rights of Persons Sentenced to Deprivation of Freedom in Ukraine

2020 ◽  
Vol 91 (4) ◽  
pp. 158-169
Author(s):  
O. S. Pochanska
Keyword(s):  
Human Rights ◽  
General Education ◽  
Legal Status ◽  
Legal Protection ◽  
International Standards ◽  
Social Adaptation ◽  
Legal Norms ◽  
Legal Standards ◽  
Effective System ◽  
Characteristic Features

It is established that international standards in the field of human rights are developed by international organizations and institutions, specified in the process of law enforcement of international judicial agencies, and subsequently applied in certain national systems, directly influencing the development of legislation and national practice of protecting the convicts. It is noted that international standards for ensuring the rights of persons sentenced to imprisonment define the mandatory or recommended for states normative minimum legal status of a convict, including his legal protection and the relevant legalities and responsibilities of state agencies and officials. The content and characteristic features of international legal standards in the field of human rights are determined. The main forms of using international legal norms, principles, rules and recommendations on the legal status of persons sentenced to imprisonment in the national legislation of Ukraine are highlighted; their content is analyzed. It is emphasized that the practical solution to the problem of application of international standards of convicts’ treatment in the penitentiary system of Ukraine, in particular, provides: prevention of prohibited methods of treatment of convicts that degrade their human dignity; ensuring the legality of the activities of the staff of penitentiary institutions and agencies; bringing the conditions of detention of convicts into compliance, providing proper medical care, general education and vocational training of convicts, etc.; creation of an effective system of resocialization and social adaptation of convicts; expansion of public control over the observance of the rights of convicts while serving a criminal sentence in the form of imprisonment.

Preserving Linguistic Heritage; a Study of Scots Gaelic

2000 ◽  
Vol 7 (3) ◽  
pp. 173-188
Author(s):  
Keyword(s):  
Legal Status ◽  
Native Speakers ◽  
Legal Protection ◽  
International Standards ◽  
Legal Standards ◽  
Linguistic Rights ◽  
Traditional Language ◽  
The Government ◽  
Taking Action ◽  
Urgent Action

AbstractScots Gaelic, one of Europe's oldest indigenous languages, requires urgent action to arrest then reverse the decline in the numbers of its native speakers. Language is an integral part of the cultural identity of a group and the continuation of a traditional language is a prerequisite of the continuation of the cultural heritage of its speakers. However, linguistic rights are not afforded a high priority by the international community. This article will examine the position of Scots Gaelic in the context of the salient provisions of European Law. A brief historical account of Scots Gaelic will be provided prior to a more detailed analysis of the prevailing legal standards. The approach of the Scottish and UK Parliaments to the various legal instruments and to the language will then be assessed. It is evident that Scots Gaelic has little legal protection under national laws and it will be argued that the issue of the legal status of the Gaelic language must be addressed sooner rather than later in order to preserve the language and its associated culture. This inevitably means the Government taking action in excess of the minimum measures necessary to comply with the current international standards.

scholarly journals Human Rights and International Standards: Correlation between National and International Legislation

2019 ◽  
pp. 358-366
Author(s):  
Tetiana IHNATENKO
Keyword(s):  
Human Rights ◽  
National Identity ◽  
International Law ◽  
International Standards ◽  
National Legislation ◽  
Legal Norms ◽  
Legal Standards ◽  
Protection Of Human Rights ◽  
The Relationship ◽  
Determining Factor

The article examines the problem of protection of human rights in national and international law, which is the most important feature of civil society. Taking into account the importance of the area under study, as well as the importance of a clear settlement of relations regarding the observance of human rights in all spheres of life, the question of the relationship between the norms of national and international legislation in this area is acute. The purpose of the study is to determine the priorities between national and international legislation, as well as to establish the compliance of domestic norms designed to protect human rights with international legal standards. It has been established that the Constitution consolidates the priority of international instruments over national legislation that clearly defines the relationship and interaction of internationally recognized standards and principles with the relevant provisions of the current legislation of Ukraine in the sphere of protection of human rights and fundamental freedoms. This ensures that the participating countries comply with both their home-constitutions and international legal acts. Moreover, the level of global security depends on the level of correlation between the policies of individual states and the provisions of international legal norms. But the standards and principles of international law and international agreements of Ukraine may not be above the constitutional and are a part of the national system of law, which is based on the Constitution of Ukraine. In addition, international standards should not be perceived as immutable, since it may lead to a partial loss of the national identity of the legal system. Therefore, the perception of these international standards should take into account the traditions and specifics of the national legal system. The Constitution of Ukraine shall be a guarantor of preserving national identity in the process of implementation or reception of international standards. It is determined that international legal standards are the determining factor that determines the level of correlation of national legislation with the relevant international legal norms. International legal standards have been defined as the determining factor that reveals the correlation level of national legislation with relevant international legal norms.

scholarly journals Administrative and Legal Protection of the Rights of Cosmetological Services’ Consumers

2020 ◽  
Vol 91 (4) ◽  
pp. 213-225
Author(s):  
V. І. Teremetskyi ◽  
A. I. Sadovenko
Keyword(s):  
Legal Protection ◽  
International Standards ◽  
Cosmetic Products ◽  
Ministry Of Health ◽  
Legal Norms ◽  
Industry Standard ◽  
Provision Of Services ◽  
Effective System ◽  
Definition Of ◽  
Legal Mechanism

The purpose of the study is to define the concept and content of administrative and legal protection of the rights of consumers of cosmetological services, as well as to develop propositions to improve domestic legislation in this area. The violation of the rights of consumers of cosmetological services and cosmetic products has been analyzed. On this basis the author has concluded that there is no effective system of protection of their rights. The authors have formulated own definition of the term of “administrative and legal protection of the rights of consumers of cosmetological services”. It has been established that the object of administrative and legal protection is the violated rights and interests of consumers of cosmetological services. Elements of administrative and legal mechanism of the protection of the rights of consumers of cosmetological services have been singled out, which include administrative and legal norms, subjects endowed with relevant administrative powers in the field of protection of the rights of consumers of cosmetological services, means, measures and procedural actions aimed at restoring violated rights of cosmetological services’ consumers, as well as administrative liability. The authors have elaborated propositions for improving regulatory acts regulating the production and circulation of cosmetic products and regulating the provision of services in Ukraine. The expediency of making changes to the Handbook of Qualification Characteristics of Occupations of Employees, approved by the order of the Ministry of Health of Ukraine dated from March 29, 2002 No. 117, by providing the profession of cosmetologist and developing appropriate qualification requirements for this profession. It has been offered to update the industry standard of Ukraine GSTU 201-05-97 “Services of a Cosmetologist. General Technical Conditions” and State Sanitary Rules and Norms 2.2.9.027-99. In order to bring cosmetic products produced and used on the domestic market in accordance with the requirements of international standards, it has been offered to approve the draft Technical Regulations for cosmetic products, published by the Ministry of Health of Ukraine on the official website.

INTERNATIONAL STANDARDS FOR THE RIGHTS OF PERSONS WITH DISABILITIES IN THE CONTEXT OF HUMAN RIGHTS

2021 ◽  
Vol 65 (04) ◽  
pp. 160-163
Author(s):  
Lala Ahad Mammadova ◽  
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
People With Disabilities ◽  
Severe Disabilities ◽  
International Standards ◽  
Modern World ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Non Governmental Organizations ◽  
The World

People with disabilities are the most vulnerable and most disadvantaged group in the world. It is estimated that more than a billion people, or about 15% of the world's population, live with some form of disability. More than 250 million older people have moderate or severe disabilities. Disability in the modern world has manifested itself as one of the global problems affecting the interests of almost all spheres of activity, but despite the existing national, regional and international legal norms, as well as the activities of international organizations and the efforts of non-governmental organizations around the world, belonging to people with disabilities human rights are still not adequately respected. This article discusses such important aspects, as discrimination faced by people with disabilities, formation of international legal protection of the rights of persons with disabilities and implementation of international documents in national law by states. Key words: disability, human rights, discrimination, social equality, legal protection

With the Stroke of a Pen: Legal Standards for Adding Names to Government Kill Lists

2015 ◽  
Vol 4 (2) ◽  
pp. 194-221 ◽  
Author(s):  
Alexandre Andrade Sampaio ◽  
Luís Renato Vedovato
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Central Intelligence Agency ◽  
International Standards ◽  
Political Rights ◽  
Humanitarian Law ◽  
Intelligence Agency ◽  
Special Operations ◽  
Legal Standards ◽  
The Right

United States (us) government officials disclosed, in 2010, that Anwar Al-Aulaki, a dual us-Yemeni citizen alleged to be a leader of the terrorist group Al-Qaeda in the Arabian Peninsula, had been added to a list of individuals that the Central Intelligence Agency (cia) and the Joint Special Operations Command (jsoc) were authorised to target for death. It is clear that the right to life is affected by targeted killing actions, as the objective of the practice is to kill the targeted individual. For such a practice to be lawful, it has to be considered non-arbitrary according to international standards. The two main instruments of universal scope that provide a legal protection for this right are the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights. The use of lethal force by a State would be legally justified by: (1) the carrying out of a lawfully imposed death penalty; (2) during an armed conflict, under international humanitarian law; and (3) if the force used was necessary, proportional and not the first option. This article examines the question of whether adding names to kill list remains legal under international human rights and humanitarian law, and if so, under what circumstances?

scholarly journals OBLIGATION TO SUPPORT DISABLED PERSONS IN COMPLIANCE WITH THE PRESENT INTERNATIONAL LEGAL NORMS AND OTHER INTERNATIONAL PROVISIONS

2019 ◽  
Vol 5 (4) ◽  
pp. 155
Author(s):  
Ehor Nazymko ◽  
Olena Nazymko
Keyword(s):  
Older Persons ◽  
Legal Status ◽  
Legal Protection ◽  
Disabled Persons ◽  
International Standards ◽  
Persons With Disabilities ◽  
National Legislation ◽  
Legal Norms ◽  
Legal Method ◽  
The Disabled

One of the fundamental social, socio-forming institutions, which are strictly protected, including through the relevant rules of the current law, is the longstanding institute of support for persons who are unable to provide for themselves through the special disability or incapacity at all. A very important socio-institutional and socio-regulatory component of such an institution is a social consensus about the support of people with physical disabilities, which is constantly reproduced and permanently required by social communities. Among many components of the mentioned consensus, of great importance was also the indispensable obligation to carry out the full, decent or at least minimally necessary financial and material and other such support, provided by law and moral and ethical tradition, first by the parents of their young and minor children, and then, in turn, by adult, legally capable children of their older persons, including disabled, socially vulnerable parents. In spite of the necessity of careful treatment by society towards the disabled, in each country, this obligation is regulated in different ways. Therefore, it seems appropriate to analyse the obligation to keep disabled persons within the meaning of current international law and other international provisions. Methodology. The goal is solved using the cognitive potential of the system of philosophical, scientific, and special methods. The analysis and synthesis made it possible to identify the signs of incapacity for work and the specifics of the responsibilities for the maintenance of disabled persons. The methods of grammatical consideration and interpretation of legal norms have contributed to the identification of universal legal constructs that can be used in the national legislation of any sovereign country of the world. The comparative-legal method allowed determining the directions of development of national legislation of sovereign countries in order to bring them into conformity with generally accepted international standards. Practical implications. The peculiarities of the social and legal status of disabled persons require scientists to develop consistent measures of the proper legal protection of their rights. This requires establishing a clear contentspectral relationship between the concepts of such vulnerable, helpless social-group categories as “older persons”, “persons with disabilities”, and “mentally retarded persons”, which implies a broad socio-physical contextual concept of “disabled person”. The national legislation of each sovereign country should provide for a mechanism developed at the international level for collecting funds for the benefit of certain socially vulnerable persons, including the disabled.

scholarly journals INSTITUTE OF PUBLIC SERVANTS RESPONSIBILITY IN THE SYSTEM OF SERVICE LAW OF UKRAINE

2021 ◽  
pp. 5-9
Author(s):  
А. Berlach
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Public Relations ◽  
Social Relations ◽  
Public Service ◽  
Legal System ◽  
Legal Status ◽  
Wide Sense ◽  
Public Servants ◽  
Legal Norms

The article is devoted to the research of the institute of responsibility of public servants in the system of service law of Ukraine. It is emphasized the importance of legal support for the functioning of the public service system, in particular the regulation of the mechanism of responsibility of public servants. It is noted that the institution of responsibility is a mandatory element of the system of every branch of law, including official, because it is this legal entity whose task is to ensure the proper implementation of the legal status of every public servant. Considering the responsibility of public servants from the standpoint of social and legal content, the author emphasizes that the views of scholars on this issue are very different, as they reflect the palette of the worldview of each individual researcher and characterize the various aspects of public relations. In a wide sense, responsibility is a legal relationship between public authorities in the person of its authorized bodies and subjects of law, for the accurate and conscientious implementation of the requirements contained in the relevant rules of law. Analyzing the scientific views of scholars on responsibility, it is emphasized that in general, the liability of public servants should be understood as a procedurally established application of coercive measures of coercive influence on a particular public person for committing an offense. It is stated that the content of the legal nature of the institute of disciplinary responsibility of public servants, in particular in the system of service law of Ukraine, which needs proper research, remains important and extremely necessary for law enforcement and human rights activities of authorized subjects. Based on the analysis of scientific achievements of local and foreign scholars on the legal system, it is emphasized that currently there are different approaches to understanding the systemic structure of legal branches, in particular some scholars remain on the views developed in our time, while others try to adapt European researchers-lawyers on the system of law on modern Ukrainian realities. As a result, the author emphasizes that we can now state that each branch of law, which we call general, special or special law, always contains a list of legal norms in the appropriate relationship and sequence and thus ensuring the ability of the subject of rule-making, law enforcement or human rights activities to achieve the desired result – to create or harmonize existing social relations, giving them the status of legal relations. Keywords: public service, service law, responsibility, legal system, general, special and special part, sanctions.

scholarly journals Basic international and European standards in the field of justice and their impact on ensuring the consistency of judicial practice

1970 ◽  
pp. 74-80
Author(s):  
Petro Rudyk
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
International Standards ◽  
Council Of Europe ◽  
Basic Principles ◽  
Legal Standards ◽  
Judicial Practice ◽  
The Supreme Court ◽  
European Standards

Ukraine's integration into the European Union binds the former to approximate its legislation to international and European standards in various fields, including justice. This is also prompted by the EU-Ukraine Association Agreement and by the need for judicial reform, subject to the amendments to the Constitution of Ukraine of June 2016. The purpose of the article is to disclose basic international and European standards in the field of justice and their role in ensuring the consistency of judicial practice, which has not been studied in this aspect before. Scholars have different approaches to defining the concept of "international" and "European" legal standards in the field of justice and their division into types. The author proposes the understanding and definition of these concepts and the division of international standards into two main groups: 1) basic generally recognized international standards, that is binding international legal standards; and 2) special international standards in the field of justice that are advisory. The first group consists of the basic internationally recognized standards enshrined in UN human rights instruments, which are closely related to justice and include, in particular, everyone's entitlement to a fair and public hearing by a competent, independent and impartial tribunal. They are enshrined in the Universal Declaration of Human Rights (Article 10), the International Covenant on Civil and Political Rights (Article 14), the European Convention on Human Rights (Article 6, paragraph 1). These basic international standards are binding for democratic countries in the world and in Europe, in particular for Ukraine, as they have been ratified by it. A clear understanding of and adherence to mandatory basic internationally recognized international standards by courts of all tiers will help to ensure the consistency of judicial practice. The second group of international standards in the field of justice consists of the Basic Principles on the Independence of the Judiciary, approved by the resolutions of the UN General Assembly (1985), the Bangalore Principles of Judicial Conduct, approved by the UN Economic and Social Council Resolution (2006), recommendations of the Committee of Ministers of the Council of Europe, and opinions of the Consultative Council of European Judges for the attention of the Committee of Ministers of the Council of Europe, etc. They emphasize the need to adhere to such basic international standards as guaranteeing the independence of the judiciary by the state and enshrining them in the constitution or laws of the country, and define such basic principles of the functioning of the judiciary and judges as independence, objectivity, honesty, incorruptibility, observance of ethical rules, equal treatment of all parties to the proceedings, competence and diligence of courts, and so forth. Compliance with these general international standards in the field of justice will help to ensure the integrity of the judiciary in the interests of a person. Such standards and specific recommendations for ensuring the integrity of the judiciary are broadly outlined in the Consultative Council of European Judges Opinion on the Role of Courts in Ensuring the Unity of Law (2017), namely the importance of uniform application of the law, the possibility of the use of precedents, the paramount role of the Supreme Court in ensuring the integrity of the judiciary, the creation of a mechanism for filtering appeals, the inadmissibility of conflicting decisions, the importance of the role of the courts of appeal, the solid reasons for deviation from previous judicial practice, the compliance with the reporting system of courts, the application of previous decisions to specific cases, the ensuring of the principle of independence of judges, the use of various mechanisms to ensure the integrity of judicial practice. These issues were also discussed during the presentation of the Opinion in Ukraine and holding the conference Integrity of judicial practice: the view of the European Court of Human Rights and of the Supreme Court (2019).

scholarly journals Unrestricted (absolute) rights and freedoms of man and citizen in the Constitution of the Russian Federation of 1993 and international acts

2019 ◽  
Vol 2019 (4) ◽  
pp. 69-75
Author(s):  
Aleksandr Podmarev
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Religious Affiliation ◽  
International Standards ◽  
Constitutional Court ◽  
Federal Law ◽  
The Russian Federation ◽  
The Individual

The 1993 Constitution of the Russian Federation as one of the principles of the legal status of an individual establishes the possibility of restricting human and civil rights and freedoms, while also providing for the necessary conditions for imposing such restrictions (the existence of a constitutional goal of restriction; setting restrictions only by federal law; proportionality; compliance with international standards of restrictions; prohibition restrictions on rights based on social, racial, national, linguistic or religious affiliation). The need for the existence of restrictions on the rights and freedoms of the individual is due to various reasons: the protection of the foundations of the constitutional order, the rights and freedoms of other persons, and the interests of the state. However, certain human rights and freedoms cannot be restricted under any circumstances; this so-called absolute rights and freedoms. But neither national legislation nor international law contain a precisely defined list of absolute rights and freedoms. The aim of the article is to identify in the Constitution of the Russian Federation of 1993 and in international acts unrestricted (absolute) rights and freedoms of a person and citizen. The relevance of the research topic for the Russian constitutional legal science is due to the fact that certainty in the understanding of the list of unrestricted rights and freedoms is necessary for the improvement of lawmaking and law enforcement activities. The article examines the provisions of the Constitution of Russia, the main international legal acts on human rights, the legal positions of the Constitutional Court of the Russian Federation.

scholarly journals Reformation issues of the Penal system in the Republic of Kazakhstan

2020 ◽  
Vol 2 (3) ◽  
pp. 168-175
Author(s):  
Marat Azhibaev
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Main Idea ◽  
International Standards ◽  
Penal System ◽  
The Public ◽  
Effective System ◽  
System 2 ◽  
Internal Affairs ◽  
The Republic

The article is devoted to the experience of the Republic of Kazakhstan in reforming the penal system by transferring it from the law enforcement to the civil block. Taking into account the world experience, the transfer of the penal system to a non-law enforcement structure, including one based on public-private partnership, seemed to be the most promising direction of the planned reform to humanize the domestic penal legislation. The main idea was that a Civil Agency, not associated with the tasks of protecting public order and fighting crime, will be able to ensure the planned implementation of the state policy on reforming the penal system. In 2002, correctional facilities were fully transferred to the Ministry of Justice of the Republic of Kazakhstan. But the events that took place further (a number of armed escapes with human victims) actually showed that the Ministry of Justice of the Republic of Kazakhstan did not cope with the task assigned to it, and the goal of reforming the penitentiary system was not achieved. By decree of the President of the Republic of Kazakhstan (adopted on 26.07.2011) “On the penitentiary system”, the penal system was again transferred to the Ministry of Internal Affairs of the Republic of Kazakhstan. Today, the penal system in Kazakhstan actually operates autonomously in the system of the Ministry of Internal Affairs, not subordinate to other services and departments. At the same time, according to the author, the transfer of the penal system to a Civil Agency will make it possible to increase the openness of this institution. In addition, this step will provide access to the real situation of human rights in places of detention for the public and supervisory authorities. However, domestic and foreign experience shows that the transfer of the penal system to civil departments, its isolation as a separate body does not guarantee its deep humanization and effective system reforms. Being inside the civil department, it actually continues to work on previously established practices, limiting it with cosmetic changes. Therefore, if the purpose of transferring the penal system or its divisions to other bodies is to comply with international standards and reduce criticism of human rights organizations, then this should not be done without a high-quality study. Based on the research, the author comes to the conclusion that in order to implement reforms in the penal system of the Republic of Kazakhstan, it is necessary to: 1) to develop a single comprehensive scientific and practical approach when reforming the penal system; 2) to conduct a qualitative study of the risks that may be associated with decisions taken within the framework of the reform; 3) implementation of foreign and international experience should be carried out only taking into account the specifics of national legislation and the structure of the state’s law enforcement system.

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