scholarly journals Women's adversities

2021 ◽  
Vol 10 (16) ◽  
pp. e179101622422
Author(s):  
Ana Paula Guimarães ◽  
Maria Manuela Magalhães Silva ◽  
Fernanda Rebelo
Keyword(s):  
Parental Education ◽  
Annual Report ◽  
Preventive Measure ◽  
The State ◽  
Fundamental Rights ◽  
Criminal Proceedings ◽  
Female Victims ◽  
Documentary Sources ◽  
Fundamental Rights And Freedoms ◽  
General Regulation

It is up to the State to promote appropriate measures to “guarantee fundamental rights and freedoms and the respect for the principles of a democratic law State”, in accordance with Article 9 (b) of the Constitution of the Portuguese Republic. Our objectives were to examine how the Portuguese legislator is attentive to the particularities of being a woman in matters such as hygiene, health, motherhood and parental education during the execution of sentences and we wanted to investigate the mechanisms triggered by the State for protection, as a preventive measure, of women as victims of crimes. We made research, in numerical terms, to know the rate of constituted women accused in criminal proceedings, as well as the number of convicted, from a set of recent and of reference official documentary sources, based on the existing statistical resources. We also made an analysis of the pertinent legislative diplomas, among them, the aforementioned Code of the Execution of Penalties and Freedom Deprivation Measures and the General Regulation of Prison Establishments. The fulfilment of a prison sentence implies vast and varied consequences, from personal to familiar, passing through social and professional consequences, among others. We concluded that compared to the male universe, the number of women accused and convicted is clearly lower. On the other hand, it is women who make up the largest share as victims of certain offenses. According to the 2019 Annual Report, authored by APAV, female victims amounted to 8,394.

The concept and socio-economic essence of the constitution as the fundamental law of the state

2020 ◽  
Vol 59 (10) ◽  
pp. 101-104
Author(s):  
Parvana Bayram Babaeva ◽  
Keyword(s):  
Political Institutions ◽  
State Power ◽  
The State ◽  
Fundamental Rights ◽  
The People ◽  
Legal Document ◽  
The Will ◽  
Fundamental Law ◽  
The Republic ◽  
Fundamental Rights And Freedoms

The Constitution is the fundamental law not only of the state, but also of society, expressing the will of statehood and the sovereignty of the people. The Constitution establishes the fundamental rights and freedoms of man and citizen, socio-political institutions of power and a system of self-government of the people and acts as a legal basis for the formation and development of civil society. The constitution can be viewed as a micromodel, a legal symbol of society. It is within its borders and on its basis that the mechanism of state power operates, the rights and freedoms of citizens are protected, the directions of social development are determined. The Constitution of the Republic of Azerbaijan is a fundamental legal document establishing sovereignty, independence and supremacy of state power. The Constitution of the Republic of Azerbaijan covers not only the structure of the state, but also non-state spheres - the foundations of the socio-economic structure, the cultural life of society, the rights, freedoms and duties of a person and a citizen. Key words: constitution, right, state, law, society, fundamental law, regulation, human rights and freedoms

scholarly journals Theoretical bases of state antimonopoly policy: questions of philosophical and economic doctrines

2019 ◽  
pp. 6-17
Author(s):  
A. N. Golomolzin
Keyword(s):  
Supply And Demand ◽  
State Regulation ◽  
The State ◽  
Fundamental Rights ◽  
Scientific Validity ◽  
Potential Threat ◽  
Digital Platforms ◽  
Targeted Marketing ◽  
Fundamental Rights And Freedoms ◽  
The Individual

The article deals with the issues of scientific validity of the state Antimonopoly policy from the standpoint of philosophy and economic theory of competition. The necessity of harmonious use in the formation and implementation of such a policy of values and philosophy of "living" life, fundamental economic doctrines, new trends and ideas of state regulation of the economy, including the use of legal mechanisms.The author proceeds from the fact that the division of labor is the essence of society. Awareness of this fact makes it possible to overcome contradictions in the interests of the individual and society. It is noted that in the modern industrial world digital transformation blurs the boundaries between international, wholesale and retail markets, online and offline trade. Building a business on the basis of digital platforms, intellectual property rights pools, targeted marketing technologies on the one hand, and the transformation of consumer psychology on the other, create fundamentally new conditions for balancing supply and demand. The digital economy creates qualitatively new opportunities for economic development, but should not turn into a "digital hand of the market". States and companies are able to move beyond "data processing" to "reality processing", which poses a potential threat to the fundamental rights and freedoms of citizens.In this regard, the role of scientific validity of the state Antimonopoly policy in the formation and implementation of errors, which can be too expensive for society, is significantly increasing.

Mechanism of International Legal Implementation for Human Security at the National Level

2020 ◽  
Vol 11 (1) ◽  
pp. 13
Author(s):  
Vadim Avdeevich AVDEEV ◽  
Olga Anatolievna AVDEEVA ◽  
Anton Vitalyevich BYKOV ◽  
Evgeny Vasilyevich ZNAMEROVSKIY ◽  
Alexey Nikolaevich AKSENOV ◽  
...  
Keyword(s):  
International Law ◽  
National Level ◽  
Human Security ◽  
The State ◽  
Fundamental Rights ◽  
Legal Principles ◽  
Personal Security ◽  
Fundamental Rights And Freedoms ◽  
The Individual ◽  
Criminal Legislation

The research analyzes current trends in ensuring personal security taking into account International Law. The priority position of the individual declared by the norms of international law is assessed differently by national legal systems. The interest of States in preserving the inviolability of fundamental human rights and freedoms implies the use of various mechanisms to achieve these goals. New trends in socio-economic development in the context of globalization predetermine the need to improve the national system for ensuring personal security taking into account international legal principles. Attention is focused on the state of human security and fundamental rights and freedoms declared by international and national law and guaranteed by the State. International normative and legal acts aimed at strategic directions of ensuring personal security are subject to analysis. The article notes the relationship between the transformation of socio-economic character and the state, structure, dynamics of crimes against the individual. Bringing the norms of national law into conformity with the norms, principles and provisions of international normative-legal acts of universal and regional character is recognized as one of the directions of ensuring personal security. The research is focused on the key areas of counteracting attacks on the person taking into account the novelization of modern criminal legislation and law enforcement activities. Close attention is paid to the development and implementation of organizational and practical measures to counteract crimes against the individual at federal and regional levels. The strategic directions developed and implemented at the national level to improve the effectiveness of activities related to ensuring human criminological safety are of applied importance. The conceptual directions of realization of the state policy on prevention, suppression and counteraction of violent crime against the person proposed in the article have practical and oriented value.  

scholarly journals Romania: derogation from the European Convention on Human Rights – freedom of expression during public emergency

2021 ◽  
pp. 39-54
Author(s):  
Mónika Márton
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
The State ◽  
Fundamental Rights ◽  
European Convention ◽  
State Of Emergency ◽  
European Court ◽  
Public Emergency ◽  
Fundamental Rights And Freedoms

A pandemic can provide a textbook example for the restrictions of fundamental rights and freedoms. Romania has decided to derogate from the application of the European Convention on Human Rights during the state of emergency caused by the COVID-19 pandemic. The questions discussed in this paper are whether the derogation of Romania fulfils the criteria established by the case-law of the European Court of Human Rights. If the answer is affirmative: does it have any effect on the inherent limitations on the freedom of expression as stated in art. 10 of ECHR?

scholarly journals State of emergency for reasons of national security

2020 ◽  
pp. 37-57
Author(s):  
ANDREI-NICOLAE POPA
Keyword(s):  
National Security ◽  
The State ◽  
Fundamental Rights ◽  
Legal Institutions ◽  
Main Argument ◽  
State Of Emergency ◽  
Fundamental Rights And Freedoms

This article begins from the hypothesis that the state of emergency should be able to be established only for reasons of national security. The main argument is that a state of emergency should be established for causes of an exceptional nature and other than those for which the exercise of fundamental rights and freedoms is currently restricted. The content of this article demonstrates that the state of emergency is a defensive- offensive act through which the state temporarily suspends some legal institutions, replacing them with others, to protect the existence of the state itself (seen as population, territory, sovereignty), this being the supreme value. protected by such measures

Status autonomiczny oraz ustrój samorządu Wysp Alandzkich

2021 ◽  
pp. 364-374
Author(s):  
Viktoria Serzhanova
Keyword(s):  
Local Government ◽  
Civil Rights ◽  
Research Area ◽  
The State ◽  
Fundamental Rights ◽  
Legal Analysis ◽  
Political Systems ◽  
Territorial Structure ◽  
The Subject ◽  
Fundamental Rights And Freedoms

The autonomous status of the Åland Islands and the system of its self-government against Finland’s territorial and administrative structure constitute a fascinating research area in the field of constitutional law and political systems. Such research makes it possible to determine which principles of the system of the division into territorial units possessing autonomous status within the territorial structure of the state and its self-government should be introduced at the legal, constitutional and statutory level in order to ensure the population inhabiting it with a sufficient level of separateness and independence, protection of fundamental rights and freedoms, and at the same time guarantee the territorial integrity of the state. The study also makes it possible to determine which legal mechanisms and instruments of the organization and functioning of autonomous regions, distinguished by some specific feature, need to be applied in order for the system of such a unit to be effective in the performance of public tasks of their own and those commissioned by state authorities by self-government bodies of this region and to enable the self-government of the region serving its citizens at its best. In the case of Finland, it is of great importance for the protection of fundamental human and civil rights and freedoms, especially for ethnically and culturally separate social groups. The aim of this study is the legal analysis of the autonomous status and the local government system of the Åland Islands, applied and currently functioning in Finland, and its subject is an exegesis of the norms concerning the subject matter under the study, contained in the Fundamental Law of 1999 being in force in Finland and the relevant statutory regulations, as well as practices of the functioning of this region within the state from the perspective of its division into other basic units and the system of local government.

The force of law of decree-laws in Belgium during and after the First World War

2015 ◽  
Vol 83 (1-2) ◽  
pp. 248-287
Author(s):  
Jos Monballyu
Keyword(s):  
The State ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
World War ◽  
Police Powers ◽  
Administration Of Justice ◽  
The First World War ◽  
Fundamental Rights And Freedoms ◽  
The Military ◽  
First World

When Belgium was overrun by Germany in 1914 neither the Belgian constitutional legislator, nor the Belgian legislator had determined how the police powers of the civil authorities could be transferred to the military authorities in the case of a war. Article 130 of the Constitution determined that the Constitution and the constitutional rights and freedoms it provided could never be suspended wholly or in part. This created a problem. There were several statutes which provided merely a limited answer for some situations. When Belgian military authorities instead of civil authorities took measures which invaded upon constitutional rights, disputes arose. In order to avoid these, the Belgian King enacted the decree-law concerning the state of war and the state of siege on 11 October 1916. Many provisions of this decree-law had been taken from the French war laws of 9 August 1849 and 4 April 1878, but – contrary to these French laws – the Belgian decree-law was not based on a formal constitutional stipulation. This decree-law, which contravened the Belgian Constitution of 7 February 1831 and the fundamental rights and freedoms which were safeguarded by this Constitution in several respects, made it possible to take a number of measures during the state of war and the state of siege. As soon as these different provisions were applied, several citizens protested against them. Their protest was mainly aimed at the force of ‘law’ of the decree-law of 11 October 1916 and all of the other decree-laws. The rest of this contribution will detail when and why this protest took place, as well as how the Belgian administration of justice dealt with this protest.


scholarly journals Features of Interaction Between the State and Civil Society in the Context of the Philosophy of Law

wisdom ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 114-119
Author(s):  
Lilit KAZANCHIAN
Keyword(s):  
Civil Society ◽  
Modern Society ◽  
The State ◽  
Fundamental Rights ◽  
Political Life ◽  
Philosophy Of Law ◽  
Common Interests ◽  
Legitimate Interests ◽  
Fundamental Rights And Freedoms ◽  
The Individual

The article explores the notion and peculiarities of concept of “civil society” in the modern, legal state. In the given research the author implements holistic, systematical (methodical) analysis of peculiarities of the relationship between the state and society. Therefore, the theoretical and practical research of problems of development of relation between civil society and the state gives an opportunity to find new solutions in problems of cooperation of individual and common interests. Moreover, study is also focusing on various approaches of well-known jurists on the essence, content and legislative consolidation of the civil society. The author comes to conclusion that in recent decades, the philosophy of law took under its active protection the civil society, where the harmonious combination of rights, freedoms and legitimate interests of the person should correspond to public interests. Therefore, the theoretical and practical analysis of interactions between the state and civil society gives an opportunity to find new solutions in problems occurred in modern society. Key words: civil society, democratic legal state, fundamental rights and freedoms of the individual, government, citizen, organizations, institutions, political life.

Controversy in Deprivation of Citizenship on Charges of Terrorism and Separatism

2018 ◽  
Vol 8 (7) ◽  
pp. 2103
Author(s):  
Bogdan DEREVYANKO ◽  
Evgeniy ZOZULYA
Keyword(s):  
Economic Benefits ◽  
The State ◽  
Fundamental Rights ◽  
Modern World ◽  
The Public ◽  
Stage Of Development ◽  
Primitive Society ◽  
Analysis And Synthesis ◽  
Sociological Approaches ◽  
Fundamental Rights And Freedoms

The manuscript deals with the issues of reasonability of involuntary loss of citizenship of Ukraine and presentation of conclusions to the public, including politicians and legislators. Research was conducted using normative, sociological approaches, methods of induction and deduction, analysis and synthesis, comparison and contrast to compare the penalty of deprivation of citizenship (allegiance) in modern world with the exile from tribe at the time of primitive society and from the state in ancient times; the manuscript provides a list of benefits and privileges (with focus on civil, political, social, economic, humanitarian rights and freedoms) of the citizens of Ukraine, which, accordingly, may be lost in the event of involuntary loss of citizenship of terrorism and separatism suspects. Such measure would have a serious effect of punishment if the state guaranteed fundamental rights and freedoms of citizens of Ukraine to the extent defined by internationally recognized standards, significant economic benefits for the citizens of Ukraine, or inability to obtain citizenship of another state. Conclusion was made about the inexpediency of introduction of such penalties at the current stage of development of the economy and civil society in Ukraine.

scholarly journals Problems of digital transformation of film distribution

E-Management ◽  
2021 ◽  
Vol 4 (1) ◽  
pp. 4-12
Author(s):  
A. R. Akopyan ◽  
A. M. Arakelyan ◽  
Y. V. Vorontsova ◽  
V. V. Krysov
Keyword(s):  
National Policy ◽  
The State ◽  
Fundamental Rights ◽  
Russian Government ◽  
Digital Platforms ◽  
The Public ◽  
Movie Theaters ◽  
Film Distribution ◽  
Russian Film ◽  
Fundamental Rights And Freedoms

The article provides a brief overview of the emergence of the legal market of online cinemas in Russia. The paper reveals that the Governments of many countries have a national policy that is aimed at maintaining internal programming on traditional video platforms. Such policies range from licensing, which requires serving the “public interest” and defines rules for the distribution of certain types of content produced domestically, to requiring content distributors to contribute to the financing of the production of domestic content. The authors investigate that during the implementation of these rules, the Russian government decided on the allocation of limited resources. There was also regulation on whether platforms can solely decide what content to offer their users, or whether viewers should also participate directly. The study concludes that the transition from traditional platforms to online distribution can reduce the effectiveness of existing regulatory regimes and deprive traditional platforms of audience and revenue.The world and Russian experiences of using the Internet prove that today modern information and telecommunications technologies can contain real threats to the violation of fundamental rights and freedoms of citizens, as well as to question the security of society and the state. The only exceptions are progressive or innovative areas related to the provision of new services and the expansion of opportunities for socio-economic development.As a result of the study, the paper identified four problems of Russian film distribution on digital platforms. The authors chose piracy as the first problem of online cinemas. Pirate sites not only illegally copy content from online movie theaters, but they also create copies of their own services to transfer their servers to another platform in case of blocking. The second problem was highlighted by the requirement for foreign owners. The third problem was highlighted by the high cost of online movie theater subscriptions. The authors consider the fourth problem the lack of financial support from the state.

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