CRIMINAL LEGAL PROTECTION OF HUMAN CONSTITUTIONAL RIGHT TO REPRODUCTION AND WAYS TO IMPROVE

2019 ◽  
Vol 59 (1) ◽  
pp. 121-125
Author(s):  
V.I. Checherskyi ◽  
Keyword(s):  
Legal Protection ◽  
Constitutional Right

scholarly journals Authorities and Officials of the Prosecutor’s Office as Subjects of Protection and Subjects of Violation of the Constitutional Right of Citizens to Petition

Lex Russica ◽  
2021 ◽  
pp. 33-43
Author(s):  
I. V. Timoshenko
Keyword(s):  
Russian Federation ◽  
Legal Protection ◽  
Public Power ◽  
The Status ◽  
Effective Instrument ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Objective Side ◽  
Administrative Code ◽  
The Right

The paper analyzes the status of bodies and officials of the prosecutor’s office as subjects of protection and subjects of violation of the constitutional right of citizens of Russia to petition as bodies exercising public power, whereas the very norm-principle of the basic Russian law on the right of citizens to petition is considered both as a constitutional right and as a constitutional safeguard. The author identifies the main practical problems, legal gaps and conflicts of law when citizens implement their constitutional right to petition and their reasons. The author proposes options for their elimination at the law-making and law-enforcement levels. It is noted that article 5.59 of the Code of the Russian Federation on Administrative Offences from 2011 providing administrative liability for violation of established procedure of consideration of citizens’ petitions, despite being a very effective instrument for the legal protection of the right under consideration, needs to be adjusted because its discretionary part contains only general language and does not reveal the objective side of this administrative offence. At the same time, prosecutor’s offices have long developed a certain practice concerning the application of Art. 5.59 of the Administrative Code of the Russian Federation as a means of public and legal protection of the violated right of citizens to petition. However, what should be done if the right of citizens to petition is violated by the prosecutors themselves with their special status as subjects of the offense, whereas it is the exclusive competence of prosecutors by operation of law to initiate cases under Art. 5.59 of the Administrative Code of the Russian Federation? The paper is devoted to the search for the answer to this question.

scholarly journals Legal Aid by the State as a Constitutional Right of the Poor: Problems and Challenges in Indonesia

2021 ◽  
Vol 3 (2) ◽  
pp. 185-196
Author(s):  
Ari Wibowo ◽  
Michael Hagana Bangun
Keyword(s):  
Supreme Court ◽  
Legal Protection ◽  
The State ◽  
Legal Aid ◽  
The Poor ◽  
The Supreme Court ◽  
The Law ◽  
Constitutional Right ◽  
The Republic ◽  
The Right

The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.

scholarly journals State system of intellectual property protection in Ukraine: development trends in modern conditions

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Svitlychnyi Oleksandr ◽  
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Intellectual Property Protection ◽  
The State ◽  
State System ◽  
International Standards ◽  
System Structure ◽  
Basic Law ◽  
Constitutional Right ◽  
The Right

Today, the protection of intellectual property rights and legitimate interests of citizens is guaranteed by Article 55 of the Constitution of Ukraine, which provides and guarantees to everyone who uses all national forms of legal protection, protection of rights and freedoms in court. According to the second part of Art. 124 of the Basic Law, the jurisdiction of the courts extends to any legal dispute and all legal relations arising in the state. In addition to the constitutional right to administrative and judicial protection of intellectual property, the rules of special legislation in the field of intellectual property also determine other types of protection. In particular, part of the first article. 52 of the Law of Ukraine «On Copyright and Related Rights», to protect their copyrights and (or) related rights, entities have the right in accordance with the established procedure to apply to the court and other authorities in accordance with their competence. It is emphasized that the specifics of the protection of intellectual property is that there may be different ways to protect the violated subjective right to choose the person whose rights are violated. Today, the state system of intellectual property protection in Ukraine has an extensive system of state bodies involved in ensuring the protection of intellectual property. Based on the analysis of normative legal acts and scientific opinions, the article analyzes the activities of public administration entities in the field of intellectual property protection (Ministry for Development of Economy, Trade and Agriculture, National Intellectual Property Authority, Ukrainian Institute of Intellectual Property, Department of Intellectual Property). It is noted that in connection with the reorganization of the state system of intellectual property protection, instead of a three-tier structure, a two-tier structure is proposed. It is established that the current standing of the state system of intellectual property protection does not fully comply with international standards and principles in the field of intellectual property. It is proved that the presented state system of intellectual property protection contains significant shortcomings, the ways of improvement its activities are proposed. Keywords: state system, structure, protection, intellectual property, functions, improvement

scholarly journals A Moment in Human Development: Legal Protection, Ethical Standards and Social Policy on the Selective Non-Treatment of Handicapped Neonates

1985 ◽  
Vol 11 (1) ◽  
pp. 31-78
Author(s):  
Larry Gostin
Keyword(s):  
Legal Protection ◽  
Treatment Decision ◽  
Treatment Decisions ◽  
Critical Examination ◽  
Ethical Standards ◽  
Federal Law ◽  
Severely Handicapped ◽  
Legislative Initiative ◽  
Constitutional Right ◽  
Personal Interests

AbstractSelective non-treatment decisions involving severely handicapped neonates have recently come under renewed judicial and legislative scrutiny. In this Article, the Author examines the legal, ethical and social considerations attendant to the non-treatment decision. In Part II of this Article the Author discusses the predominant ethical viewpoints relating to this issue and proposes a new moral standard based on personal interests. Part III presents a survey of the jurisprudence relating to selective non-treatment decisions. Parts IV and V of this Article provide a critical examination of the recently enacted Child Abuse Amendments of 1984, a federal legislative initiative designed to regulate treatment decisions relating to handicapped infants. The Author suggests that the ethical standards and treatment criteria proposed in this Article may prove useful to courts seeking to balance the handicapped neonate's constitutional right to privacy with the requirements of the new federal law.

scholarly journals ON SOME QUESTION OF THE ADMINISTRATIVE LEGAL PROTECTION OF THE RIGHT TO WORK

2020 ◽  
Author(s):  
Darina Dimitrova ◽  
Keyword(s):  
Legal Protection ◽  
Right To Work ◽  
Constitutional Right ◽  
The Right

The present work examines the current legislation on some aspects of the administrative legal protection of the constitutional right to work. As a result of the analysis of the content of the constitutional right to work and of the basic means for its administrative legal protection conclusions and summaries are made about the applicable normative regulation concerning the questions in consideration.

scholarly journals PERSPEKTIF BANTUAN HUKUM DI KOTA BOGOR DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM

2020 ◽  
Vol 12 (1) ◽  
pp. 74
Author(s):  
Roni Ismail ◽  
Endeh Suhartini
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Private University ◽  
Legal Assistance ◽  
Legal Aid ◽  
Internal Factors ◽  
The Poor ◽  
The People ◽  
Constitutional Right ◽  
The Government

Legal aid is a constitutional right for Indonesian citizens to obtain legal protection and equality. The existence of Law Number 16 of 2011 is a manifestation of that constitutional right. Fulfillment of legal aid for the poor in Bogor City has been partially implemented using APBD funds in accordance with Regional Regulation No. 3 of 2015 concerning Legal Aid for the Poor and Mayor Regulation Number 39 of 2015 as the Implementing Regulation. The provision of legal aid to the poor in Bogor which refers to the Bogor City Regulation No. 3 of 2015 concerning Legal Aid for the Poor has not yet been realized specifically for the people of Bogor City. This is due to obstacles from external and internal factors in its implementation, namely in the form of a Legal Assistance Organization  which is only one accredited at the Ministry of Law and Human Rights and limited funds for absorption of legal aid implementation activities. Therefore, the  Government needs to involve Legal Aids (LKBH-LKBH) in private university institutions in Bogor and its surroundings to be able to realize the plan for establishing Legal Consultation innovations (legal clinics) in 68 urban office Bogor City

scholarly journals Implementation of Legal Aid to Debtors Due to Arrears in Motor Vehicle Installments Executed by Debt Collectors as Impact of the Covid-19 Pandemic

2021 ◽  
Vol 3 (4) ◽  
pp. 445-464
Author(s):  
Widya Kurnia Sulistyowati
Keyword(s):  
Motor Vehicle ◽  
Legal Protection ◽  
Third Party ◽  
Equal Treatment ◽  
Legal Service ◽  
Legal Aid ◽  
Debt Collectors ◽  
The Law ◽  
Constitutional Right ◽  
The Right

Based on Law No. 16 of 2011 on Legal Aid, Article 1 paragraph (1) states that Legal Aid is a legal service provided by legal aid providers free of charge to Legal Aid Recipients. Legal aid is a guarantee of legal protection and a guarantee of equality before the law, which is a constitutional right for every citizen. Because, the constitution guarantees the right of every citizen to get equal treatment before the law, including the right to access justice through legal aid. Due to the Covid-19 pandemic, many people are asking for legal assistance related to the case of installment billing by debt collectors. The debt collector itself is a third party, which has an agreement with the financing institution to make efforts to force the collection of debtor vehicles because it has not paid installments as agreed. The result of this paper is that under these circumstances there is another legal remedy, namely restructuring.

scholarly journals KEBERADAAN PEKERJA DISABILITAS DALAM PANDANGAN HAK ASASI MANUSIA

2021 ◽  
Vol 9 (1) ◽  
pp. 58-71
Author(s):  
Zainal Abidin Pakpahan
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Literature Study ◽  
Persons With Disabilities ◽  
Legal Rules ◽  
Sense Of Security ◽  
Physical Limitations ◽  
Constitutional Right ◽  
The Republic ◽  
The Government

Indonesia as a democratic country which has the freedom to enjoy its life legally must be protected, including disabilities, so that part of the constitutional right as regulated in Article 28 I paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Persons with disabilities are far from the government's attention in accommodating their rights so that people with disabilities are often marginalized by other groups so that they are less confident in expression by social interaction with other communities so that their existence is still far from a sense of security and protection legally even though they are rights human rights with disabilities must be treated equally and equally, which should be treated specifically because they have physical limitations, this means that the existence of persons with disabilities can have legal protection. prevailed. The problems in this regard, first, how is the existence of persons with disabilities in human rights, and legal protection in an effort to fulfill their rights. This study is a normative legal study aimed at finding and formulating legal arguments, through analysis of the subject matter. The technique of collecting legal materials is carried out by literature study. The approach used in this research is the statute approach, which is by examining the applicable legal rules relating to disabilities. This research concludes that the government seems still far from fulfilling the rights of persons with disabilities in human rights to obtain government understanding into multiple interpretations that can harm human rights with disabilities.Keywords: Existence, Disability, Human Rights

HUKUM DAN TEKLOGI SUATU KAJIAN TEORITIS TERHADAP PENOMENA LAYANAN TRANSFORTASI ONLINE

2017 ◽  
Vol 6 (1) ◽  
pp. 20
Author(s):  
Aria Dimas Harapan
Keyword(s):  
Economic Growth ◽  
Theoretical Study ◽  
Legal Protection ◽  
Creative Economy ◽  
Legal Certainty ◽  
The People ◽  
The Government ◽  
The Times

ABSTRACTThe essence of this study describes the theoretical study of the phenomenon transfortation services online. Advances in technology have changed the habits of the people to use online transfortation In fact despite legal protection in the service based services transfortation technological sophistication has not been formed and it became warm conversation among jurists. This study uses normative juridical research. This study found that the first, the Government must accommodate transfotation online phenomenon in the form of rules that provide legal certainty; second, transfortation online as part of the demands of the times based on technology; third, transfortation online as part of the creative economy for economic growth . 

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