scholarly journals THEORY OF "GENERATION OF HUMAN RIGHTS" AND ITS IMPACT ON THE REGULATORY IMPLEMENTATION OF THE RIGHT TO RECEIVE PROFESSIONAL LEGAL ASSISTANCE IN UKRAINE

2020 ◽  
Vol 2 (3) ◽  
pp. 97-101
Author(s):  
N.Z. DEREVIANKO
Keyword(s):  
Human Rights ◽  
Legal Assistance ◽  
The Right ◽  
To Receive

scholarly journals PENERAPAN BANTUAN HUKUM DI INDONESIA

2019 ◽  
Vol 10 (2) ◽  
pp. 165-174
Author(s):  
Friska Anggi Siregar
Keyword(s):  
Human Rights ◽  
Skin Color ◽  
Equal Treatment ◽  
Legal Assistance ◽  
Political Beliefs ◽  
And Gender ◽  
The Right ◽  
Legal Defense ◽  
To Receive ◽  
Racial Ethnic

law (rechtsstaat) recognizes and protects human rights. All people must be treated equally in the law. Equality in law must be balanced with equal treatment. Legal assistance is the right of a person who is involved in a criminal case to be able to prepare a defense or counseling in upholding his rights as a suspect. Everyone has the right to receive legal assistance from an advocate, no one may be denied the right to obtain a legal defense in a legal state. Provision of legal assistance does not look at religious, ancestral, racial, ethnic, political beliefs, socio-economic strata, skin color and gender. Thus, justice will be realized for everyone

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals PASAL 54 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DALAM ELABORASI HUKUM PIDANA ISLAM

2021 ◽  
Vol 4 (1) ◽  
pp. 48-69
Author(s):  
Diah Ratri Oktavriana ◽  
Nasiri Nasiri
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Legal Service ◽  
Legal Assistance ◽  
Legal Aid ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Law ◽  
The Right

This research is a normative research. One of the fulfillment of human rights is justice in equalizing the position of every citizen before the law, as stated in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The right to equality before the law or what is commonly referred to as equality before the law is a principle that provides recognition and protection of human rights for every individual regardless of one's background. Therefore, it is true that Law Number 16 of 2011 concerning Legal Aid for People Who Are Less Capable to Guarantee Constitutional Rights of Citizens for Justice and Equality before the Law emerged. Legal aid is a legal service provided by advocates to the community seeking justice In the realm of criminal cases, the provision of legal assistance is described in Article 54 of the Criminal Procedure Code which explains that in the interests of defense, a suspect or defendant has the right to receive legal assistance from one or more legal advisers during the time and at each level of examination. The provision of legal assistance must be based on the principle of equality before the law as stated in the explanation of Law Number 8 of 1981 concerning Criminal Procedure Law. From the various analyzes that have been carried out, in the perspective of Islamic criminal law it can be concluded that the principle of equality before the law as described in Article 54 of the Criminal Procedure Code is equivalent to an order to provide legal aid which in Islamic criminal law is spelled out in Surah Al-Maidah verse 2 which states that as a fellow humans are ordered to help each other as a form of horizontal worship to fellow humans (habl minan-nas). In addition there are many more both in the Al Qur'an and the hadith of the prophet regarding the application of the principle of equality before the law.

9. Article 6: The right to a fair trial

2018 ◽  
Author(s):  
David Harris ◽  
Michael O’Boyle ◽  
Ed Bates ◽  
Carla Buckley
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
Public Hearing ◽  
Legal Assistance ◽  
Criminal Cases ◽  
Reasonable Time ◽  
Criminal Charge ◽  
The Right

This chapter discusses Article 6 of the European Convention on Human Rights, which guarantees the right to a fair trial in both criminal and non-criminal cases. In all cases, it guarantees the right to a fair and public hearing trial within a reasonable time by an independent and impartial tribunal established by law. There are particular guarantees for persons subject to a criminal charge, including the right to be presumed innocent, to be informed of the charge, to adequate time and facilities to prepare the accused’s defence, to legal assistance, to examine and cross-examine witnesses, and to an interpreter.

scholarly journals Pro Bono Legal Aid by Advocates: Guarantee of Justice for the Poor

2021 ◽  
Vol 3 (4) ◽  
pp. 537-552
Author(s):  
Chairani Azifah
Keyword(s):  
Human Rights ◽  
Legal Issues ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
Pro Bono ◽  
The Law ◽  
Problem Formulations ◽  
The Right

The implementation of legal aid is a manifestation of Indonesia as a legal state that guarantees the human rights of citizens to equality before the law which is guaranteed in the 1945 Constitution. Within the framework of implementing this citizen's human rights, the provision of free legal aid is, among other things, obligated to advocates based on Article 22 Law on advocates and their implementing regulations. From this, two problem formulations were made as follows: What is the juridical review of the provision of pro bono legal aid? And what is the role of advocates in providing pro bono legal aid? This research is based on normative legal research, which is a research conducted by reviewing and analyzing legal materials and legal issues related to the problems studied. The results of the author's discussion found that free legal aid is the right of the poor to obtain the same justice as other communities, so that the protection of their rights is well fulfilled and the principle of equality before the law. Advocates are obliged to provide free legal aid to justice seekers, and to obtain free legal assistance, justice seekers must submit a written application to an advocate organization or legal aid institution.

scholarly journals Representation in court in civil cases by lawyer as a representative

2021 ◽  
pp. 24-27
Author(s):  
Oleksandra SYTENKA ◽  
Yulia MAKARCHUK
Keyword(s):  
Human Rights ◽  
Legal Aspects ◽  
Legal Services ◽  
Legal Assistance ◽  
Human Right ◽  
Civil Proceedings ◽  
Legislative Proposals ◽  
Civil Cases ◽  
The Right ◽  
Professional Representation

Introduction. The authors note that despite significant changes in the institution of representation, there are many problems in practice, so its research and modernization are relevant now. The right to protection is one of the constitutional human rights. The purpose of the paper is to study the institution of representation by a lawyer in civil proceedings and to clarify the problems that may arise in practice. Results. This paper is devoted to the study of the form of legal assistance by a lawyer through representation. The paper considers the legal aspects of the concept of legal assistance, representation, as well as types of legal services. It should be noted that the paper pays considerable attention to the representation in court in civil cases by a lawyer as a representative. The authors have determined that at present only a lawyer can be a representative who provides legal assistance. Analyzing the information, it has been found out that this is related to the amendments made to the legislation, which aimed at modernization and improvement of the institute of representation in Ukraine. The paper considers different opinions on the concentration of the exercise of the functions of legal assistance by lawyers. It is concluded, that the professional representation is necessary for implementation of the human right to adequate legal assistance. It should be noted that the possibilities of further improvement of the institute of representation through legislative proposals were considered. Conclusion. The authors concluded that the institution of representation has undergone positive changes. In practice, there are some contradictions, so this issue needs further improvement.

scholarly journals Rights of Arrested Person and How to Protect them in the Libyan Law: حقوق المقبوض عليه ووسائل حمايتها في القانون الليبي

2019 ◽  
Vol 3 (12) ◽  
Author(s):  
Abdallah Abdusalam Sherif, Badruddin Hj Ibrahim
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Legal Assistance ◽  
Judicial Decisions ◽  
Explicit Statement ◽  
Legal Texts ◽  
Unlawful Interference ◽  
Descriptive Approach ◽  
The Moment ◽  
The Right

This study deals with the rights of those arrested and their protection in Libyan legislation. The arrest of persons is one of the most important and most dangerous measures against freedom. It affects one of the most important human rights, namely, the right to freedom. Which is legally competent to carry out the investigation, taking into account its detention in the places designated for that purpose. The problem of the legal texts in the Libyan criminal law focuses on the recognition of the rights of those arrested, protecting them against any unlawful interference with them, or exaggeration and strictness in restricting them. What is their compatibility with or contradictions with the basic provisions of the Libyan Constitution? What is the way to remove and raise this discrepancy that exists? In this study, the study relied on the analytical descriptive approach to identify the rights of those arrested, as well as the means established by the law to guarantee these rights from any abuse by the competent authorities in this dangerous procedure, by studying and analyzing the legal texts and relevant judicial decisions. The Libyan law, to identify the rights of those arrested and the means of protecting them, and to assess the position of the Libyan legislator of all this. This study concluded with a number of results: The right of defense is an inherent right of the accused from the moment that he is charged with a crime. This right remains valid throughout the investigation and trial stage. However, we did not find explicit provisions in Libyan law the right of the accused to have access to a lawyer during his arrest or even during the investigative and forensic procedures carried out by the judicial ombudsman. The matter was left without an explicit statement confirming the right of the accused to seek legal assistance or to deny this right. There is no explicit provision in the Libyan law that the arrested defendant has the right to remain silent in the case of arrest, and there is no text in return that requires him to give his testimony before the investigative and investigative bodies. So, there is a difference about recognizing this right.    

scholarly journals Reproductive human rights: General legal support and implementation in the field of criminal justice

2020 ◽  
Vol 85 ◽  
pp. 01002
Author(s):  
Ivan Titko ◽  
Inna Polkhovska
Keyword(s):  
Human Rights ◽  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Relevant Information ◽  
Reproductive Technologies ◽  
European Court ◽  
Human Ability ◽  
Practical Factors ◽  
The Right ◽  
To Receive

The unsatisfactory demographic situation in European countries, in particular the reduction of fertility, actualizes the issue of reproductive rights. Reproductive rights include the human ability to make free and independent decisions about their reproductive health, including the birth of children, the time and intervals between their birth, the right to decide on procreation without discrimination, threats and violence, as well as recognition of the right to receive relevant information. The article is devoted to the analysis of some problematic general theoretic, criminal law and criminal procedure aspects in the field of reproductive rights. In particular, issues of assisted reproductive technologies application, their regulation at the international and national levels, as well as in the practice of the European Court of Human Rights (hereinafter – ECHR) are considered in the article. Special attention is paid to the specificity of the legal and practical factors of surrogacy.

PROBLEMS OF GRANTING VISITATIONS TO ATTORNEYS WITH THE SUSPECTS AND DEFENDANTS DETAINED IN CUSTODY

2021 ◽  
pp. 29-33
Author(s):  
Сергей Владиславович Владимиров
Keyword(s):  
Law Enforcement ◽  
Penal System ◽  
Legal Assistance ◽  
Positive Experience ◽  
Legal Aid ◽  
Detention Centers ◽  
The Law ◽  
The Right ◽  
To Receive

В статье рассматриваются правовые и правоприменительные проблемы посещения адвокатами подозреваемых и обвиняемых, содержащихся под стражей. Проанализирована правоприменительная практика нарушений права подозреваемых и обвиняемых на получение своевременной квалифицированной юридической помощи. Обоснована необходимость наличия отлаженного государственного механизма реализации предусмотренных законом прав подозреваемых и обвиняемых. Перечислены проблемы, связанные с предоставлением свиданий адвокату с подозреваемыми и обвиняемыми, находящимися в следственных изоляторах уголовно-исполнительной системы. Проанализированы основания предоставления свиданий адвокату с подозреваемыми и обвиняемыми, содержащимися под стражей, в соответствии с действующим законодательством и нормативными актами ФСИН России. Исследован порядок посещения адвокатами подзащитных, содержащихся в следственных изоляторах уголовно-исполнительной системы, регламентированный как ведомственными нормативными актами ФСИН России, так и решениями адвокатских образований. Приведен механизм работы центра субсидируемой юридической помощи по вопросу организации посещений адвокатами подзащитных, содержащихся в следственных изоляторах. Раскрыт положительный опыт ФСИН России организации дистанционных свиданий адвокатов с подзащитными с использованием систем видеоконференц-связи. На основе рассмотренных проблемных вопросов сформулированы выводы и предложения по совершенствованию правоприменительной деятельности органов и учреждений уголовно-исполнительной системы. The article examines the legal and law enforcement problems of visits by lawyers to suspects and accused in custody. The law enforcement practice of violations of the right of suspects and accused to receive timely qualified legal assistance is analyzed. The need for a well-functioning state mechanism for the implementation of the rights of suspects and accused provided by law is substantiated. The problems associated with granting visits to a lawyer with suspects and accused persons who are in pre-trial detention centers of the penal system are listed. The author analyzes the grounds for granting visits to a lawyer with suspects and defendants in custody, in accordance with the current legislation and regulations of the Federal Penitentiary Service of Russia. The procedure for visiting by lawyers of clients held in pre-trial detention centers of the penal system, regulated by both departmental regulations of the Federal Penitentiary Service of Russia and decisions of lawyers' associations, has been investigated. The mechanism of work of the center for subsidized legal aid on the issue of organizing visits by lawyers to clients held in pre-trial detention centers is presented. The positive experience of the Federal Penitentiary Service of Russia in organizing remote meetings between lawyers and clients using videoconferencing systems is disclosed. On the basis of the considered problematic issues, conclusions and proposals were formulated to improve the law enforcement activities of the bodies and institutions of the penal system.

Sign in / Sign up

Export Citation Format

Share Document