Institute of public associations in the system of human rights enforcement in Ukraine: constitutional and legal aspect

2021 ◽  
pp. 84-93
Author(s):  
I. Mahnovskyi
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Direct Democracy ◽  
Legal Aspect ◽  
Functional System ◽  
Legal Framework ◽  
Legal Aspects ◽  
Practical Significance ◽  
Public Nature ◽  
Political Decision Making

Purpose. The aim of the work is to analyze in the constitutional and legal aspects public associations as a constitutional institution of public nature, to determine its role and importance in the system of human rights enforcement in Ukraine, to clarify the peculiarities of formation and effective activities of this institution. Methodology. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific reseach have been implemented: terminological, logical-semantic, functional, system-structural, logical-normative. Results. The study states that the driving force of a democratic, legal process is the growth of an active civil position, which is the basis for the formation of public associations, which are a basic component of civil society. The institute of public associations is an important component of the system of constitutional law of Ukraine. Involving citizens in political decision-making is one of the main principles of direct democracy. The focus is on improving the legal framework of the institute of public associations. Scientific novelty. The study has revealed that public associations, as institutions, should be an integral part of civil society in the formation of democracy; to introduce constitutional and legal mechanisms of interaction with the institution of public associations and to identify their real practical effectiveness for ensuring human rights and needs in society. Practical significance. The results of the study can be used in law-making and law enforcement activities during the functioning of the institution of public associations in the system of human rights.

scholarly journals Direct democracy and the rise of political entrepreneurs

2019 ◽  
Vol 16 (1) ◽  
pp. 27-48
Author(s):  
Dario Čepo ◽  
Dario Nikić Čakar
Keyword(s):  
Civil Society ◽  
Trade Unions ◽  
Direct Democracy ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Added Value ◽  
Social Entrepreneurs ◽  
Setting Process ◽  
Political Entrepreneurs ◽  
Post Hoc

The last decade saw a rise in the use of direct democracy in Croatia. The proliferation of citizens' initiatives and referendums was meant to activate politically passive citizens and to strengthen their role as controllers of the executive. Our research, based on the qualitative analysis of the legal framework on citizens' initiatives and referendums in Croatia, as well as post-2010 initiatives, showed that this was not the case. Instead, political and social entrepreneurs, both long established, like trade unions, and newly formed, like conservative civil society organizations, used the tools of direct democracy to promote their particular anti-minority, anti-government or anti-establishment agendas. They succeeded in both constraining the power of the elite through the process of getting to the referendum and wresting control over the agenda-setting process post hoc. The added value of this paper lies in showing that citizens' initiatives can succeed in getting their demands met even when they are not successful in organizing referendums, which is due to weaknesses in the legal framework surrounding referendums and initiatives.

scholarly journals Prolonged occupation: An analysis of obligations of the occupying powers in an occupied territory and contemporary challenges

2021 ◽  
Vol 2 (1) ◽  
pp. 24-37
Author(s):  
Sardar M. A. W. K. Arif
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Legal Aspects ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Treaties ◽  
Occupied Territory ◽  
The Subject

The International Law of Occupation (ILOC) regulates all kinds of occupation. However, the other bodies of law, such as, International Humanitarian Law (IHL) and International Human Rights Law (IHRL) also apply in times of occupation. These bodies of law create obligations especially on states and in particular, on the occupying powers. The presumption is that occupations are temporary in nature but why prolonged occupations? In this context, this article focuses on legal aspects of belligerent prolonged occupation. It evaluates the international legal framework and sources of belligerent prolonged occupation. While protection of civilians is central to the bulk of texts of international treaties and the occupiers have obligations, it investigates into obligations of the occupying powers in occupied territory by analysing the existing legal framework under IHL and IHRL. Further, it also discusses the provisions of ILOC. The argument developed throughout this article is that the occupying powers are under humanitarian and human rights obligations to guarantee the best possible protection of rights of occupied people in the case of prolonged occupation in particular and adding on that IHL and IHRL apply in complementarity in situations of prolonged occupation. For the purpose of this article, qualitative method is followed, and existing literature on the subject has been analysed. 

scholarly journals The Legal Framework for the Promotion and Protection of Human Rights in Cameroon by Non-Governmental Organisations

2021 ◽  
Vol 24 (1) ◽  
pp. 29-45
Author(s):  
Alvine Longla Boma
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Framework ◽  
The State ◽  
African Countries ◽  
Public Authorities ◽  
The Public ◽  
Civil Society Organisations ◽  
Protection Of Human Rights ◽  
The Right

Civil Society organisations play key roles in African countries. This is not an exception in the Cameroonian dispensation. Indeed, the existence and operation of civil societies in this jurisdiction is legitimated by a 1990 law allowing the free formation of associations. Even though the state has the primary obligation to promote and protect human rights, there also exists a plethora of associations with the same interest. This paper is motivated by the state’s wanton failure in ensuring the enjoyment and fulfilment of the right. For one thing, the state has maintained a stronghold on the Civil Society through legislation which gives public authorities a leverage over human rights defenders. Moreover, an analysis of existing legal and institutional frameworks available to allow human rights non-governmental organisations thrive, leaves much to be desired. Findings reveal that though there are adequate laws and institutions which ensure the creation and functioning of Civil Society organisations in Cameroon, there are also contradictory laws which give the public authority an edge over these organisations and allow them to sanction the activities of some human rights defenders under the guise of maintaining public order. We argue that there should be adequate protection offered to human rights defenders as well as the relaxation of laws permitting public authorities to illegally sanction the activities of relevant non-governmental organisations.

Human Rights Defenders under Pressure

2020 ◽  
Author(s):  
Steven Kleemann
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Framework ◽  
Universal Declaration ◽  
70Th Anniversary ◽  
European Context ◽  
The World ◽  
20Th Anniversary

2018 marked both the 70th anniversary of the Universal Declaration of Human Rights and the 20th anniversary of the Declaration on Human Rights Defenders. However, Human Rights Defenders have quickly become a target for authoritarian and illiberal regimes around the world. To make things worse, in recent years Human Rights Defenders and civil society have also been strong-armed, restricted in their work or even exposed to violence by democratic states increasingly. Steven Kleemann therefore examines this so-called “shrinking spaces” phenomenon in a European context and takes into account the international legal framework.

scholarly journals On the issue of financing non-governmental human rights organizations: international legal aspect

2021 ◽  
Vol 2 (2) ◽  
pp. 61-66
Author(s):  
Yuliya Lebedieva
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Negative Impact ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Government Contracts ◽  
Financial Status ◽  
Human Rights Organizations ◽  
Conflict Situations

In the article considers some international legal aspects of NGO funding and outlines some problems that arise as a result of the functioning of these organizations and have not yet been resolved. The author notes that despite the significant scientific interest in the functioning and prospects of NGO development, some international legal aspects of their funding have not yet found proper legal consolidation and agreed doctrinal interpretation. In addition, the activities of NGOs provoke a mixed reaction from government agencies and certain segments of society. Therefore, the study of some features of NGO funding as subjects of international human rights activities, the author considers relevant, both in theoretical and practical terms. The author emphasizes that in addition to the negative impact of the established restrictions, there are urgent grounds for its implementation within the relevant legal regulation. One of the reasons for the emergence of mistrust and conflict situations in which NGOs are a party is the insufficient state of settlement of the legal status of the latter. The article states that the financial status of many NGOs is not transparent enough, as a result, some of them compete for government contracts and funds, which creates a risk of losing autonomy and independence, casts doubt on the impartial implementation of their missions.

Civil society participation in the legislative process

2021 ◽  
pp. 71-78
Author(s):  
Natalia Lesko
Keyword(s):  
Decision Making ◽  
Civil Society ◽  
Public Participation ◽  
Citizen Participation ◽  
Public Involvement ◽  
Functional System ◽  
Practical Significance ◽  
Legislative Process ◽  
The European Union ◽  
Scientific Results

Purpose. The aim of the article is to analyze the participation of civil society in the legislative process. Method. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and formulation of relevant conclusions. During the research, the methods of scientific cognition were used: comparative-legal, logical-semantic, functional, system-structural, and logical-normative. Results. In the course of the research, it was recognized that one of the key ways of interaction between the state and civil society is the participation of citizens in the legislative activity of the parliament. The Verkhovna Rada of Ukraine, as a representative body aimed at protecting the interests of citizens, can promote more active public involvement in its activities. The examples of the European Union countries show that there are many different forms and ways of such participation at different levels of interaction. The presented methods allow determining the general model of citizen participation in the work of the Verkhovna Rada of Ukraine. Forms of public participation in the activities of the parliament are revealed: informing, consulting and dialogue. Citizens’ participation in decision-making is a complex and complex process that takes place under the influence of various factors. Due to the incomplete process of reforming the political system of the country, the system of forms and methods of citizen participation in the decision-making process are in the process of formation and constant transformation. Scientific novelty. The study found that the formation of a model of citizen participation and civil society institutions in the legislative process should reflect the institutional mechanisms of public participation and the integration of civil society structures in the main activities of parliament. Practical significance. The applied value of the research is determined by the fact that the scientific results create a basis for improving the legislation on the participation of civil society institutions in the legislative process.

State and legal views of L. Lukyanenko

2021 ◽  
pp. 47-54
Author(s):  
Lidiia Fedyk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
The State ◽  
Practical Significance ◽  
Necessary Condition ◽  
International Human Rights Law ◽  
Legal Method ◽  
Role Of The State ◽  
Democratic State ◽  
The Government

The purpose of the study is to identify the features of state and legal views of L. Lukyanenko through the prism of modern state formation. Methods. The priority research methods were: historical and legal - used to understand the evolution of L. Lukyanenko's ideas about the state and law and the connection of ideas with state-building and law-making activities, specifically-search - in analyzing, updating and classifying archival and printed sources, formally -legal method was used in the study of theoretical and legal heritage of L. Lukyanenko. Results. The main provisions of the state and legal views of L. Lukyanenko are revealed. Determinants among them are the idea of the priority of man over the state and the limitation of the functions of the state to resolve disputes in the field of human rights, democracy is a balance between the people and the government. Democracy is a necessary condition for the formation of civil society. The latter is formed on the basis of structuring society. Especially in a democracy, there are strong political parties that represent the interests of different social groups and to some extent limit power. Scientific novelty. The article examines L. Lukyanenko’s views on the state and law. Determinants of state and legal views are the idea of national elite, democracy and civil society, based on the concept of limited role of the state in favor of natural human rights, and the priority of international human rights law over national. The study shows L. Lukyanenko’s views on the formation of civil society and a democratic state. Practical significance. The problems considered in the work can contribute to the further study of state and legal views of L. Lukyanenko, will help to fill the "Ukrainian historical content" of such categories of legal science as "state", "democracy", "civil society".

scholarly journals Legal Framework for the Police Commissions: Current State and Prospects for Development

2019 ◽  
Vol 72 (1) ◽  
pp. 47-52 ◽  
Author(s):  
I. O. Sviatokum
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Police Officers ◽  
Legal Status ◽  
Career Decisions ◽  
Legal Framework ◽  
Current State ◽  
National Police ◽  
Single Approach ◽  
Selection Of

The article deals with the current legal framework for the activities of the police commissions in Ukraine. These bodies, established under the 2015 Law of Ukraine “On National Police”, are tasked primarily with ensuring transparent staffing of the police by conducting competitive selection of the candidates for the positions in the police. They include representatives from the Ministry of Internal Affairs, National Police as well as representatives of the civil society, appointed on the by the oblast councils on the local and by the Verkhovna Rada Human Rights Ombudsperson on the countrywide level. However, in the study, a number of problems of the existing regulations have been identified. The first group concerns the way the commissions are established, namely, there is no single approach to the establishment of the commissions of the interregional territorial police forces (such as the Patrol Police). While some of these forces have only one police commission, functioning in Kyiv, the others (including the Patrol Police) have separate police commissions for every oblast. While the latter provides better representation of the local interests, legal status of such commissions requires clarification. Additionally, it was proposed, that establishment of the police commissions on the level below the oblasts seems to be appropriate in order to better represent interests of the communities. The second problem stems from the fact that the contests involving police commissions are obligatory only for the first assignment in the police, while further career decisions are at the respective police director’s discretion. There are no criteria that make appointment through the procedures of the police commissions obligatory for any position in the police, which significantly lowers their relevance for the further career development of the police officers. Therefore, it was proposed to establish a list of the positions, for which the contest would be mandatory. Finally, the article deals with the issue of the policing priorities. While they are mentioned in the Law of Ukraine “On National Police”, the powers of the police commissions to issue them are not sufficiently regulated. It was suggested, therefore, to establish a mechanism, under which the police commissions would draft policing priorities and the respective local councils would adopt them.

scholarly journals Theoretical and Legal Aspects of Liquidation of Business Entities In The Republic of Uzbekistan

2021 ◽  
Vol 04 (05) ◽  
Author(s):  
Yusufjon Sayfullaevich Khojanazarov ◽  
Keyword(s):  
Legal Framework ◽  
Legal Aspects ◽  
Regulatory Framework ◽  
Practical Significance ◽  
Legal Basis ◽  
The Republic ◽  
Business Entities

This article is devoted to the theoretical and legal aspects of the liquidation of business entities in the Republic of Uzbekistan and the analysis of positive statistics achieved as a result of improving the regulatory framework to simplify the procedure for the liquidation of business entities and interdepartmental integration directly involved in the liquidation. business entities. The article provides theoretical and legal basis for the classification of the improved legal framework and their membership, simplifying the procedure for liquidation of business entities, and develops proposals of important practical significance.

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