scholarly journals Compliance of certain norms of criminal procedure code of Ukraine with European standards of human rights protection

2019 ◽  
Vol 8 ◽  
pp. 203-207
Author(s):  
Tymur Loskutov ◽  
Author(s):  
Veljko Ikanović

Criminal Procedure Code of Republika Srpska defines that a search of dwellings, other premises and persons can be permitted, with certain exceptions, only with a search warrant issued by the preliminary proceedings judge. A search warrant is issued under the conditions provided by the Code, at the request of the prosecutor or at the request of authorized officials obtained an approval by the prosecutor. A request for the issuance of a search warrant may be submitted in writing or verbally. If the request is submitted verbally, preliminary proceedings judge is obliged to record the communication appropriately, but the requesting official shall draft the warrant. Author of the paper deals with issues related to failure of the preliminary proceedings judge to record „all of the remaining communication“ after the verbally request for a search warrant was made, and judges influence to legality of evidence obtained on a basis of such a warrant. Observes all that trough the rules which are regulating the procedure, decisions of ordinary courts of law and the Constitutional Court of Bosnia and Herzegovina, trying to find an answer to the question: is the essence of this institute presented by its form or its contents. Proper implementation of evaluation of evidence and the possibility to use the evidence in criminal procedure, human rights protection, compliance of the principle of legality, and, very often, the epilogue of criminal procedure depends from the answer to this question.


2018 ◽  
Vol 34 (3) ◽  
Author(s):  
Trần Thu Hạnh

Based on the Constitution of 2013, the Criminal Procedure Code in 2015 has paid special attention to the respect and protection of Human Rights in trial process. Being the core activity of the criminal procedure, the trial process demonstrates profoundly policies of the Human Rights protection in Vietnam. Thus, this article uses a rights based approach to analyze the aspect of human rights protection through provisions on trial phase in the Criminal Procedure Code. These are regulations on objectives, principles of the Criminal Procedure Code, the trial procedure and other relevant provisions. Keywords: Criminal proceduce, judge, human rights, Criminal proceduce code 2015


2009 ◽  
Vol 13 (1-2) ◽  
pp. 159-180 ◽  
Author(s):  
Heike Krieger

AbstractWith the Behrami and Saramati decision the European Court of Human Rights misses an important opportunity to close the credibility gap in human rights protection during the international administration of territories such as Kosovo. The article criticises the attribution of KFOR acts to the United Nations. It holds that the equation of delegation and attribution as well as the ultimate authority and control test as a criterion for attribution are not in line with UN practice. Instead the article argues in favour of a responsibility of the Troop Contributing Nations. Their responsibility is either based on dual attribution or on the jurisprudence of the Court on the transfer of powers to international organisations. The Court's intention is understandable to protect the universal UN security system by not declaring acts of the Security Council incompatible with European standards. However, it will harm the credibility of UN administration of territories in the long run if collective security concerns prevail over human rights protection. In view of the exercise of quasi-governmental acts by the UN Security Council the article stresses the obligations of ECHR Member States to work towards the establishment of a human rights tribunal on the level of the United Nations.


Temida ◽  
2007 ◽  
Vol 10 (3) ◽  
pp. 25-37 ◽  
Author(s):  
Nevena Petrusic

This paper is aimed at analyzing the procedure of involuntary hospitalization of persons with mental disorder. Considering the fact that enforced hospitalization interferes with the fundamental human rights and individual freedoms, the rules of involuntary hospitalization procedure have to provide for the legality of decisions, prevent possible abuses and enable the exercise of legitimate rights and interests of persons with mental disorder confined to treatment in psychiatric institutions. Bearing in mind the significance of the involuntary hospitalization procedure, the author of this paper provides a critical analysis of the national regulation on involuntary hospitalization. The aim of this analysis is to observe whether the rules of involuntary hospitalization procedure comply with the generally recognized international and European standards on the human rights protection of persons with mental disorder, and to identify the shortcomings of the existing mechanism of involuntary hospitalization. Taking into consideration the results of this analysis, the author points to the necessity of reforming the involuntary hospitalization procedure and proposes possible directions for a further improvement of this legal institute.


2020 ◽  
Vol 7 (11) ◽  
pp. 141-121
Author(s):  
Ibnu Artadi

In line with the identity of "rechstaat" and "the rule of law", the law must recognize and guarantee human rights in order to establish a just order, because justice goes hand in hand with the structure of human rights. The realization of the Criminal Procedure Code which functions to protect human rights comprehensively, in line with the demands of the Convention Against Torture, is a basic requirement towards the era of rule of law. So, the purpose of this article is to analyze the quality of the implementation of law enforcement that is not in accordance with the principles of law regarding the behavior of good law enforcement officials. The method used is qualitative with a sociolegal approach. The conclusion of this article is that one of the authority of legislation is its success in adapting to international conventions recognized by the affected people. The Criminal Procedure Code as an integral part of the national law of the Indonesian state law must be in line with Law No. 5 of 1998 concerning the Ratification of the Convention Against Torture. For this reason, looking at the weaknesses of the Criminal Procedure Code, both substantively and in practice, renovating the Criminal Procedure Code is urgent. The lack of perfection of the legal substance of the Criminal Procedure Code in providing human rights protection in a country that acts as a state of law is disastrous. In accordance with the rule of law, the law must recognize and guarantee human rights in order to establish a just order, because justice goes hand in hand with the structure of human rights.


Author(s):  
Uliana Kuzenko

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.


Author(s):  
Bożena Drzewicka

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.


2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.


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