scholarly journals Legal regulation of public control over ensuring the rights of convicts: the experience of Russia and Belarus

2019 ◽  
Vol 1 (2) ◽  
pp. 99-117
Author(s):  
Yaroslav Reent ◽  
Nikolay Kiyko
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Main Task ◽  
Human Being ◽  
Correctional Institution ◽  
Legal Analysis ◽  
Public Control ◽  
The Moment ◽  
The Right ◽  
Prison Studies

The penitentiary service is a part of the state law enforcement system and its activities are related to the interests of society. In this case, the process of execution of criminal penalties may be accompanied with harm to law enforcement interests of persons detained in prisons. The practice of penitentiary services around the world shows that there are still cases of violations of the rights and freedoms of convicts. That is why special attention has been paid to the involvement of various social groups for monitoring the rights of convicts. In each individual state, the system of control over the activities of the penitentiary service varies depending on the social and state system, the type of legal system, and the level of development of democracy. At the same time, regardless of these factors, the control over the penitentiary service is expressed in the collection of information about the activities of penitentiary institutions, the detection of violations in their work, and at the final stage in the notification of the competent authorities about the violations, monitoring the elimination of violations and shortcomings, informing the public of the results of their work. Exercising control, most democratic states draw attention to the fact that prisons, as an important part of public life, must be information-based, open and democratic. The main task of monitoring should be to ensure compliance with generally accepted ethical standards in the execution of penalties related to isolation from society. So, according to the professor of the International center for prison studies at the University of London Vivien Stern: «The international community has said, and international law has also noted, that the whole process of depriving a human being of liberty from the moment of arrest to the moment of release from a correctional institution must be humane. Humane means ethical. Throughout this process, we must remember that a prisoner is a human being like us and has the right to have his or her human nature respected». The presented work is devoted to the description and analysis of legal regulation of public control over ensuring the rights of convicts in Russia and Belarus. The review reveals the actual problems of normative regulation activities of public control subjects, as well as provides a comparative legal analysis of the regulatory framework of Russia and Belarus in this area.

scholarly journals FEATURES OF LEGAL REGULATION OF THE RIGHT TO HEALTH IN INTERNATIONAL AND NATIONAL LEGAL INSTRUMENTS

2017 ◽  
pp. 0-0
Author(s):  
Анна Попова ◽  
Anna Popova
Keyword(s):  
Healthy Lifestyle ◽  
Legal Regulation ◽  
Right To Health ◽  
The State ◽  
World Health ◽  
Main Task ◽  
Legal Analysis ◽  
Healthy Environment ◽  
Endemic Diseases ◽  
The Right

Health is the main value for any person so its defense appears to be the main task of a modern legal and social state. However international and regional instruments that contain the concept of health fasten different wordings, namely: “health”, “health of the nation”, “public health” which having different meaning. Moreover, legal acts and scientific literature include similar in sound but not in the legal sense constructions such as “protection of health”, “health”, “ensuring the basic preconditions for health” which trouble determination of the content of the right to health. The author on the basis of a comparative legal analysis of legal regulation of the legal categories of “right to health”, as contained in international instruments and Russian legislation, concludes that the realization of the right to health is connected with various activities aimed at ensuring individual and community health. Among these events, the world health organization includes assistance to mothers and children, prevention and control of endemic diseases, major infectious diseases; professional health care is based on the use of high technologies and promotion of healthy lifestyle, creation of healthy environment adequate to the modern realities of working conditions, improved nutrition and sanitary conditions, accommodation for vulnerable in social terms, individuals located on the territory of the state. The author advocates the position that the right to health at the same time is interpreted as a collective right (the addressee of a package of measures for the protection of health is not the individual citizen, and the population of the state) and as an individual right, to which corresponds the duty of the state to take measures to ensure against its citizens and persons within its territory.

scholarly journals Constitutional legal peculiarities of information censorship in social networks

2021 ◽  
pp. 86-98
Author(s):  
Aleksandr Aleksandrovich Maksimov
Keyword(s):  
Social Networks ◽  
Human Rights ◽  
Law Enforcement ◽  
The United States ◽  
Legal Regulation ◽  
The Internet ◽  
Political Rights ◽  
Legal Analysis ◽  
Legal Provisions ◽  
The Right

The subject of this article is the Russian and foreign legislative norms, materials of law enforcement practice, user policy agreements, scientific literature on the topic, and reports of the international organizations on human rights. The object of this research is the legal relations that regulate the existing mechanisms of information censorship on the Internet. The research contains a detailed historical-legal analysis of the mechanisms and principles of the implementation of regulation of the right to freedom of speech in the United States, with emphasis on the law enforcement practice. The author examines the latest Russian model of restrictions on the distribution of information, as well as the mechanism for preventing violations of the basic human rights and freedoms, which limits the possible impact on the exercise of political rights in the territory of the Russian Federation. The scientific novelty consists in the detailed analysis of previously unstudied aspects of restriction of information realized by the administration of social networks. In the course of this work, the author explores various approaches towards understanding the term censorship, as well as the constitutional legal peculiarities of information censorship on the Internet. The author proposes ways to develop legal provisions that regulate the exercise of rights in this sphere. The conclusion is made that on the need for development and legislative consolidation of the standards for user policy agreements, taking into account all available recommendations. The author makes proposals on improving the constitutional legal regulation of the right to information.

scholarly journals QUALIFICATION OF CRIMES AGAINST LIFE: COMPARATIVE LEGAL ANALYSIS

2021 ◽  
Vol 1 (1) ◽  
pp. 61-67
Author(s):  
Olha Peresada ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Code ◽  
Legal Analysis ◽  
Right To Life ◽  
Special Part ◽  
Criminal Protection ◽  
The Moment ◽  
The Right

The article considers topical issues of definition and qualification of crimes against human life in Ukraine and abroad. It is proved that the problematic issue of criminal law protection of human life is a significant differentiation of approaches to determining the moment of its onset, which reflects the medical and social criteria for the formation of an individual who has the right to life. It is shown that Ukrainian criminal law gives a person the right to life from birth, while the correct approach is to recognize the beginning of human life and appropriate criminal protection from the moment of onset 10 days after conception, which is consistent with European experience (in particular, France) and sufficiently reflects the medical features of the period of formation of a full-fledged embryo. The article also addresses the issue of the fact that Section II of the Special Part of the Criminal Code of Ukraine combines encroachment on two different generic objects - public relations for the protection of life and public relations for the protection of personal health. This provision of the criminal law of Ukraine does not correspond to the international practice on this issue. In addition, it is reasonable to believe that the two relevant categories of the object of criminal encroachment cannot be considered similar, as such an approach in certain cases can significantly complicate the classification of a criminal offense. It is emphasized that, given the exceptional importance of criminal law protection of human life, it is necessary to formulate a separate section of the Special Part of the Criminal Code of Ukraine, which covers only crimes against life as the main object of criminal encroachment.

scholarly journals THEORETICAL AND PRACTICAL ASPECTS OF USE OF ELECTROSHOCK WEAPON

2020 ◽  
Vol 3 (8) ◽  
pp. 35-44
Author(s):  
Sergejs Talapins ◽  
Eduards Agafonovs
Keyword(s):  
Law Enforcement ◽  
Public Order ◽  
Minimal Risk ◽  
Physical Force ◽  
Law Enforcement Agencies ◽  
Working Dogs ◽  
Physical Abilities ◽  
Control Order ◽  
The Moment ◽  
The Right

Currently, the use of firearms and special devices by law enforcement agencies in civilised democracies is strictly determined in accordance with the current legislation on the use of firearms and special devices. Their illegitimate or unauthorised application causes censure and sparks public outcry. Nevertheless, sometimes situations arise in which it is difficult and problematic for a law enforcement officer to make the right decision on the use of firearms, physical force, special devices and military working dogs. At the moment, the officers of the Latvian Border Guard are often simply unable to resist the illegal actions of offenders, since the current legislation is not always capable of justifying the lawful actions of the border guard. Also, sometimes the specific character of duty performance (a large crowd of people, the proximity of the state border) makes it impossible to use firearms. At the same time, the lack of regular training on the practical use of special devices (stack, handcuffs and others) significantly reduces the chances of their successful use by the Latvian Border Guard officers. Bearing and using electroshock weapons, and specifically stun guns of the TASER type, will significantly increase the level of security of the Latvian Border Guard staff, and will also allow the use of stun guns to ensure public order without risk to others and with minimal risk to the offender. The stun guns will allow you to blur the lines between physical abilities and the degree of physical fitness of the border guard and the offender, as a result of which a fragile girl - border guard can easily neutralise a raging athlete who is trying to disrupt public order and border control order with minimal harm.  

scholarly journals HISTORICAL BACKGROUND AND LEGAL ANALYSIS OF SURVEILLANCE IN CRIME PREVENTION

2020 ◽  
pp. 189-209
Author(s):  
Nataliia Voitovych
Keyword(s):  
Law Enforcement ◽  
Historical Analysis ◽  
Legal Regulation ◽  
Historical Background ◽  
Historical Study ◽  
Legal Analysis ◽  
Political Systems ◽  
Law Enforcement Agencies ◽  
Generalization Problem ◽  
Xix Century

The aim of the research is to study the historical preconditions and legal regulation of surveillance in combating crime in the XIX century. At the same time, the author's goal is to compare peculiarities of the instruments of system fight against crime (the method of operational search actions, hereinafter - OSA) and covert investigative activities in countries with different forms of government and diverse political systems.The methodology of the research is: adherence to the principles of objectivity, scientificity and historicism contributed to consistent disclosure of preconditions, content and principles of surveillance as a measure and a method of OSA and covert investigative activities in combating and preventing crime actions. Mutual enrichment with historical and legal methods provided systemity of the research. Historical study of surveillance in combination with the study of regulatory legal acts created new opportunities for interdisciplinary research. The application of general scientific methods, namely systematization, generalization, problem-chronological, comparative-historical, historical-legal methods allowed to trace the influence of the legal component on the history of introduction and development of surveillance in the "long" XIX century and peculiarities of its usage in the conditions of the newly formed states and political systems in the interwar period.The scientific novelty lies in a detailed historical and legal analysis of the content of regulatory legal acts concerning legal grounds for surveillance, a comprehensive study of its content, gaps and peculiarities of usage in non-democratic political regimes.Conclusions. The article provides historical analysis of evolution and usage of surveillance, which has experienced several stages connected with improving the performance of security functions, in preventing crimes. The attention is focused on the most characteristic features of  implementing surveillance as a universal measure of obtaining information and distributing tasks between the states' law enforcement agencies and a means of combating representatives of political forces and structures constituting a real and hypothetical threat to the state / regime. The similarity of performing functions by law enforcement agencies (and the role of surveillance) in the conditions of different state formations, despite fundamental differences in the forms of government and the nature of political systems, is proved.

scholarly journals PRACTICAL AND LEGAL FEATURES OF USE LAW ENFORCEMENT OFFICERS PHYSICAL FORCE

2021 ◽  
Vol 23 (80) ◽  
pp. 23-28
Author(s):  
V.A. Kaznazcheev ◽  
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Power Structures ◽  
Physical Force ◽  
Law Enforcement Agencies ◽  
Legal Nature ◽  
Wide Scale ◽  
Principle Of Legality

The presented research is devoted to the practical and legal features of the use of physical force by employees of law enforcement agencies. The work contains a legal analysis of these issues. The article examines the legal nature of this special coercion measure and outlines the legal significance of observing the principle of legality in its application. The scientific study provides examples of domestic and foreign practices concerning the consequences of violation of the requirements of the law by officials. The paper analyzes the statistical information on the state of crime for the first half of 2020 presented on the official portal of the Judicial Department at the Supreme Court of the Russian Federation, and notes that issues related to abuse of authority by employees of power structures are of particular public and legal interest. Practice shows that the abuse of power by law enforcement officers in the use of physical force can lead to the emergence of public protests, reaching a wide scale. This fact necessitates a thorough study of the issues that arise in the course of the use of physical force by powerful subjects. The author outlines his own position on this topic, outlines the problems of legal regulation of the considered area of legal relations and suggests possible ways to resolve them.

scholarly journals EXPLOSIVE ORDNANCE DISPOSAL TECHNICIANS OF THE RESCUE BOARD CONFUSED WITH THE RIGHT TO APPLY DIRECT COERCION AND TO USE MEASURES

2020 ◽  
Vol 21 ◽  
pp. 50-60
Author(s):  
U. Vanaisak
Keyword(s):  
Law Enforcement ◽  
Training Programme ◽  
Physical Force ◽  
State Supervision ◽  
General Law ◽  
Legal Provisions ◽  
Special Means ◽  
Explosive Ordnance Disposal ◽  
The Moment ◽  
The Right

Background: According to the current Estonian Law Enforcement Act (hereinafter LEA), only competent law enforcement institutions may apply measures of state supervision. Law enforcement institution’s supervision duties are stated in different special acts of law. According to LEA, physical force, special means or a weapon can be used (there-fore direct coercion may be applied) by the police as a general law enforcement institution. The special means that are allowed are handcuffs, shackles, binding means, service animal, technical barrier, means to force a vehicle to stop, water cannon etc. Police service weapons are a firearm, a gas, a pneumatic, a cut-and-thrust and an electric shock weapon. Other law enforcement institutions may apply direct coercion only if allowed in special laws. According to the Rescue Act (hereinafter RA), Rescue Board’s explosive ordnance disposal (hereinafter EOD) technicians may apply direct coercion. However, from amongst the means of direct coercion, EOD technicians may only use handcuffs. Using a firearm is allowed only when performing self-defence. Aim: The aim of the study is to analyse the exhaustive regulation of EOD technician’s tasks and allowed means of direct coercion in the RA. In addition to that, the training programme is looked into to determine whether it is suffi-cient for achieving the desired knowledge and skills. Method: Legal provisions are studied to determine the content of the EOD technicians’ supervisory tasks, al-lowed special measures and the means of direct coercion (comparative analysis of legal provisions). To find out the real needs to apply measures and means of direct coercion, EOD commanders of the Western region were interviewed (questionnaire). Thirdly, EOD technicians’ curricula are analysed to give an overview of the sufficiency of their training (document review). Results: The analysis reveals that all EOD technicians’ supervisory tasks have not been legally regulated. The number of state supervision measures and means of direct coercion is not sufficient to fulfil the tasks stated by the legislator. The curricula do not provide sufficient training for the application of the means of direct coercion.Conclusions: EOD technicians’ supervisory tasks need to be specified in the RA; at the moment, most of them have been regulated only in the statute. The RA must be added the right to conduct security check and examine persons and the list of allowed means of direct coercion must be more versatile (e.g. to add the right to use a gas weapon, hand-cuffs and means to force a vehicle to stop). If EOD technicians are entitled to more rights, curricula must be amended by adding the training for applying the means of direct coercion, incl. the time needed for the practice of the application of physical force must be increased.

scholarly journals Spiritual Education in Russia: Law and Theology

2021 ◽  
Vol 9 (SPE3) ◽  
Author(s):  
Natalya Viktorovna Lutovinova ◽  
Alla Efratovna Zolotareva ◽  
Elena Olegovna Tchinaryan ◽  
Igor Olegovich Loshkarev
Keyword(s):  
Religious Education ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Spiritual Education ◽  
Systematic Analysis ◽  
New Information ◽  
Life Education ◽  
The Individual ◽  
The Right ◽  
Voluntary Choice

It is impossible to imagine modern life without education. It allows a person to learn something new, to know the reality around, to realize their abilities, to reveal their talents, to find a vocation in life. Education is not only the process of learning new information, but it is also the upbringing and development of the individual, their exposure to the world and national culture, the formation of a certain system of values. Currently, there are several problems in education, like in any other public sphere, that cause active discussion in society and require resolution at the legislative level. This article presents a legal study of spiritual education, taking into account its legal regulation and implementation in Russia at the present stage. The authors of the article consider the most important aspects of the implementation of the right to spiritual education in Russia and conduct a comparative legal analysis of the Russian legislation on spiritual education. The article considers the types of educational organizations that provide religious education and their educational programs, describes the foreign experience of religious education, and conducts a systematic analysis of educational standards of higher education. The authors identify current problems in the field of organization and implementation of religious education, give recommendations for their solution, and indicate areas for improving legislation on religious education. It is concluded that the introduction of subjects teaching religion in educational institutions is legal in compliance with the principle of voluntary choice of education.

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