scholarly journals Legal doctrine as a source of legal argumentation in the process of human rights protection

2020 ◽  
Vol 11 (11) ◽  
pp. 175-179
Author(s):  
Nуkolуna K. V.
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Public Perception ◽  
Legal Regulation ◽  
Soft Law ◽  
Legal Argumentation ◽  
Legal Doctrine ◽  
The Public ◽  
Actual Content

The article is devoted to determining the place of legal doctrine in the system of sources of law and substantiating its importance in the process of protection of human rights as a legitimate basis for legal argumentation. An analysis of current scientific research suggests that today there is no single unified perception of the category of legal doctrine among both legal theorists and law enforcers. The author points out a number of conflicting points that need to be finally resolved. In particular, there is no understanding from which point an idea, concept or view of law can be considered doctrinal. In this case, it is possible to use the experience of Western jurisprudence, which uses a variety of citation indices, which indirectly testifies to the authority of one or another scientific source, as well as informal lists of authoritative among judges of books of lawyers. Also open today is the question of securing binding reference to a specific scientific source by law enforcement entities in the process of reasoning of the decision. According to the author, the doctrine is a source of law in every case where law-makers or law-makers use scientific concepts, ideas, views when making legally significant decisions. The Constitution of Ukraine in Art. 129 by declaring that "the judge is independent and governed by the rule of law", in fact, enshrined the obligation to apply legal doctrine in the law enforcement process. In making its decision, a judge, when substantiating a certain legal position, has the right to refer not only to national legislation, but also to use the results of scientific papers, the findings of the Constitutional Court of Ukraine, etc. At the same time, the problem of recognizing the legitimacy of decisions based on doctrinal approaches is important. Based on the thesis that law is a product of society, an expression of the public perception of justice, then the public will itself will be the primary source of law. No matter which of the official forms of law prevails in a particular legal system, it must be legitimized (recognized) by society, and therefore endowed with a high degree of authority. When analyzing a legal rule, it is necessary to distinguish its textual expression and its actual content. Legal doctrine, as a more dynamic phenomenon than official legal regulation, is able to formulate algorithms for finding the actual content of a rule of law in the context of its application. Given the tendencies in the evolution of legal regulation in the direction of deformation and decentralization, the phenomenon of legal doctrine can be explained using a differentiated approach to sources of law, distinguishing between "hard law" and "soft law" (soft law). By analogy, legal doctrine can be considered as an informal authoritative source of law, which is the intellectual basis of legal thinking and argumentation, formed within the jurisprudence and represents a set of scientifically sound ideas, concepts, views, which formulate effective models and standards for solving current problems of legal practice. Keywords: legal doctrine, human rights, sources of law, legal argumentation.

HISTORY AND REFORMS OF THE PROSECUTOR'S OFFICE OF THE KYRGYZ REPUBLIC

2019 ◽  
Vol 19 (3) ◽  
pp. 193-197
Author(s):  
Adilet Merkanov ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
The State ◽  
Successful Implementation ◽  
Kyrgyz Republic ◽  
The Public ◽  
Political Transformations ◽  
Democratic Rule

Nowadays in Kyrgyz Republic take a place huge reforms of prosecutors. The implementation of national projects requires a new quality of prosecutorial oversight so thatthe human rights and law enforcement potential of the prosecutor’s office really contributes to the development of a democratic rule of law. The prosecutor's office as one of the state legal institutions plays an extremely important role in the public and state life of the Kyrgyz Republic. As you know, the successful implementation of socio-economic and socio-political transformations in the state largely depends on existing laws, the observance of which the prosecutor's office is called upon to monitor.

scholarly journals Accountability of Law Enforcement Personnel for Human Rights Violations in Cameroon: Trends and Challenges

2021 ◽  
Vol 24 ◽  
pp. 1-33
Author(s):  
Avitus Agbor
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Public Perception ◽  
Legal Framework ◽  
Human Rights Violations ◽  
Political Rights ◽  
Human Rights Abuses ◽  
The Public ◽  
Law Enforcement Personnel ◽  
Civil And Political Rights

Law enforcement personnel are critically important in both the security and criminal justice sectors. Unlike ordinary citizens, they possess the broad powers needed to perform the tasks in these sectors: for example, they possess the power to arrest and detain; to search premises and seize items; to interrogate individuals; to stop assemblies; to check and even to restrict the movements of people during certain times; and to use force and firearms in specific circumstances. In exercising such powers, they are required to act independently and judiciously. Also, they must stay within the remit of the law. Such powers, however, render them prone to committing human rights abuses since by their very nature, they interfere with the civil and political rights of individuals. In instances of violations they are expected to be held accountable. Accountability for law enforcement for human rights violations evokes and entails the notions of lawfulness and legitimacy. As legitimacy touches on the public perception of law enforcement personnel, it becomes vital to explore what mechanisms are put in place to ensure accountability as well as possible challenges that hamper it. Examining the notion of the accountability of law enforcement personnel in the context of Cameroon, this paper argues that selective accountability has been the trend which puts the country at quite a distance from its international human rights obligations. Informed by empirical evidence from credible governmental bodies, the paper identifies and assesses the legal framework on accountability, touching on a few instances of selective accountability, and argues that if lawfulness and legitimacy are to be the cornerstones of accountability, then a comprehensive approach must be considered, including the de-politicisation of law enforcement units in Cameroon.

scholarly journals FORENSIC ACTIVITY AS AN OBJECT OF ADMINISTRATIVE AND LEGAL REGULATION

2020 ◽  
Vol 21 (1) ◽  
pp. 267-280
Author(s):  
I. Ovsiannykova
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Social Relations ◽  
Legal Regulation ◽  
The Rule Of Law ◽  
The Social ◽  
European Standards ◽  
Stable Development ◽  
Society Today

Any society today is a system consisting of certain objects and entities that constantly interact with each other, it requires introducing an effective social and administrative mechanism that would timely regulate the social relations and norms of participants’ behavior of such relationships, maintain their organization, orderliness and stable development, contributing to proper regulatory order.   Observing the political steps of the Ukrainian government along the path of European standards, we can argue about the actualization of democratic values implementation and the establishment of an effective state power system, where the content and focus of the state determine human rights and freedoms.   Considering the above, the analysis of problematic issues arising during the study of the administrative regulation effectiveness of forensic activities is an urgent need today.   Based on the analysis of scientific sources and Ukrainian legislation, forensic activity in the article is considered as one of the administrative and legal regulation objects, the purpose of which is to establish the rule of law and strengthen institutions at all levels in the field of management in general and in law enforcement and judicial authorities in particular on the basis of the principle of human rights and fundamental freedoms respect. It should also be borne in mind that forensic science occupies a special place in implementation of the principle of rule of law and citizens’ rights and freedoms protection, since the effective functioning of the constitutional foundations of the entire human rights system of power in Ukraine largely depends on it. Thus, the current legislation of Ukraine, as part of the ongoing legal reform, should be aimed at enhancing the role and reassessing the importance of forensic examinations institution, without which investigation of the case cannot be effectively carried out and the crime solved.

scholarly journals Legal doctrine, legal science and protection of human rights (efficiency ratio)

2020 ◽  
Vol 11 (11) ◽  
pp. 11-15
Author(s):  
Onischenko N.
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Current State ◽  
Legal Science ◽  
Democratic State ◽  
Protection Of Human Rights ◽  
Spatio Temporal

The current state of Ukrainian society requires the scientific community to find answers to the general social impulses needed for reform strategies: from unconstructive attempts to replace the state with civil society to efforts aimed at their balanced interaction. It is the principle of social and political balance in the relationship between the rule of law and civil society should be the basis for correcting and correcting the unstable economic situation, overcoming acute social conflicts, establishing the rule of law, building a democratic state. It should be noted that it is quite clear that sometimes the implementation of a right requires at least not one, but clearly several opportunities, such as: economic, educational, social, gender, etc., existing in the relevant spatio-temporal continuum. Moreover, there is an indisputable thesis that there are no secondary or non-first-class or type of human rights, so every unrealized, not realized in time or not fully realized right, without a doubt, is based on the lack of, first of all, the corresponding real opportunities. It is also clear that the implementation of a certain right depends, for example, on the relevant regulations. we note that state-building processes, their dynamics, progressive trends depend on many factors. In this context, the interconnectedness of the development of a democratic, legal, social, European state and the formation of a mature, active, civil society was considered. Keywords: legal science, legal doctrine, human rights, rights and opportunities, legal development.

scholarly journals Freedom and The Role of The Press on Law Enforcement Reviewed in The Perspective of Law Number: 40 Of 1999, Concerning The Press

2021 ◽  
Vol 1 (3) ◽  
Author(s):  
Satino Satino ◽  
Yuliana Yuli W ◽  
Iswahyuni Adil
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Good Life ◽  
Public Information ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
The Public ◽  
The Press ◽  
The Republic

Law Number 40 of 1999 concerning the Press is one of the legal regulations that have a role in efforts to realize a good life together. The struggle of the Indonesian press to achieve freedom was finally achieved after the enactment of Law Number 40 of 1999 concerning the Press. The purpose of this study is to find out how the freedom and role of the press in law enforcement are reviewed from the perspective of Law Number 40 of 1999, concerning the press. This study uses a sociological juridical method, the results of research conducted on real facts in society with the intent and purpose of finding facts, then proceeding with finding problems, ultimately leading to problem identification and leading to problem solving. The results of the research include the press trying to carry out its functions, rights, obligations, and roles, so the press must respect the human rights of everyone. The press has an important role in realizing Human Rights (HAM), as guaranteed in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number: XVII/MPR/1998. Based on the results of the research above, it is necessary to uphold the freedom of the press in conveying public information in an honest and balanced manner and that freedom of the press is not absolute for the press alone, but to guarantee the rights of the public to obtain information. what happened in the context of realizing press freedom as contained in Law/040/1999 concerning the Press.

HISTORICAL AND LEGAL ASPECTS OF THE DEVELOPMENT OF PROSECUTION BODIES

2019 ◽  
Vol 19 (3) ◽  
pp. 198-203
Author(s):  
Adilet Merkanov ◽  
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Legal Aspects ◽  
The State ◽  
Successful Implementation ◽  
Kyrgyz Republic ◽  
The Public ◽  
Political Transformations ◽  
Democratic Rule

Nowadays in Kyrgyz Republic take a place huge reforms of prosecutors. The implementation of national projects requires a new quality of prosecutorial oversight so that the human rights and law enforcement potential of the prosecutor’s office really contributes to the development of a democratic rule of law. The prosecutor's office as one of the state legal institutions plays an extremely important role in the public and state life of the Kyrgyz Republic. As you know, the successful implementation of socio-economic and socio-political transformations in the state largely depends on existing laws, the observance of which the prosecutor's office is called upon to monitor.

The Inter-American Court of Human Rights and Multinational Enterprises: Towards Business and Human Rights in the Americas?

2017 ◽  
Vol 16 (3) ◽  
pp. 437-463 ◽  
Author(s):  
María Carmelina Londoño-Lázaro ◽  
Ulf Thoene ◽  
Catherine Pereira-Villa
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Multinational Enterprises ◽  
Qualitative Data ◽  
Benefit Sharing ◽  
Soft Law ◽  
Due Diligence ◽  
The Rule Of Law ◽  
Business And Human Rights

Abstract This article analyses the role of the jurisprudence of the Inter-American Court of Human Rights (IACtHR) within a business and human rights framework. A qualitative data analysis of cases on multinational enterprises (mnes) identifies the following: that the obligations the IACtHR places upon States explicitly contemplate soft law instruments, such as the United Nations Guiding Principles on Business and Human Rights; and that there exist shared obligations with companies and attempts to regulate mne conduct by establishing conditions for due diligence, such as prior consultation, benefit-sharing and reparation measures for affected communities. Therefore, IACtHR rulings may contribute to the rule of law in so far as they have normative effects on member States, but they can also prove to be ineffective given the nature of corporate conduct and certain non-enforceable responsibilities.

scholarly journals DIREITOS HUMANOS: LIMITE NO CONTEXTO DE SEGURANÇA PÚBLICA

Revista LEVS ◽  
2015 ◽  
Author(s):  
Marco Antonio ALVES MIGUEL
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Law ◽  
Public Administration ◽  
Public Safety ◽  
Police Power ◽  
Peaceful Coexistence ◽  
The Public ◽  
Legal Limits ◽  
Power Limits

RESUMO: O presente trabalho tem por escopo demonstrar a relevância dos Direitos Humanos e Poder de polícia como instrumento do Poder da Administração Pública necessários para a convivência pacífica entre os cidadãos de uma comunidade na busca da liberdade, da segurança e da paz. Por meio de uma pesquisa bibliográfica, aliada à experiência do autor, inclusive nos meios acadêmicos, utilizando a metodologia dedutiva e indutiva, demonstrará que, apesar de uma linha tênue nos atos de polícia, mormente de segurança pública, os agentes encarregados da aplicação da lei devem observar limites jurídicos que, se não respeitados, podem causar responsabilização nas esferas administrativas, penal e civil, bem como censura de suas ações perante o Direito Internacional. Por outro viés, os limites são categóricos quando se trata de preservar os direitos dos cidadãos na esfera da segurança pública.Palavras Chaves: polícia, poder, limites, Direitos Humanos. ABSTRACT: This work has the scope to demonstrate the relevance of human rights and police power as Public Administration Branch of the instrument necessary for peaceful coexistence among the citizens of a community in search of freedom, security and peace. Through a literature review, alidade to the author's experience, even in academic circles, using deductive and inductive methodology, demonstrate that despite a fine line in acts of police, particularly public safety, the agents in charge of law enforcement must observe legal limits which, if not respected, can cause accountability in the administrative, criminal and civil, as well as censorship of their actions under international law. For another perspective, the limits are categorical when it comes to preserving the rights of citizens in the public safety sphere.Key Words: Police, power limits, Human Rights.

scholarly journals Epidemics, genome editing and human rights

2021 ◽  
pp. 199-209
Author(s):  
Branislav Fabry
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Genome Editing ◽  
Legal Regulation ◽  
Western World ◽  
Health Issues ◽  
Ethical Challenges ◽  
The Public ◽  
New Treatment ◽  
The Impact

The article deals with the contemporary legal and ethical challenges, caused by coronavirus COVID-19. It analyses the reason why the western world was so much surprized by that pandemics. The text mentions the succeses of western medicine in the battle against epidemics in the 20th century and sees it as one of the reason for underestimating the public health issues in 21st century. The article also emphasizes on other contemporary threat, the antimicrobiotic resistance and the need for new legal answers to pandemics. It deals with problem of human genome editing as the central topic by creating of hereditary immunity against new viral threats. The text also mentions the risks of such new treatment and the impact on human dignity that is understood as leading value in the contemporary legal regulation on biotechnology.

scholarly journals PROSPEK PENEGAKAN HUKUM UNDANG-UNDANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA (UU PKDRT)

Jurnal HAM ◽  
2016 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Sabungan Sibarani
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Research Process ◽  
Legal Issues ◽  
Legal Research ◽  
The Rule Of Law ◽  
The Public ◽  
Pain And Suffering ◽  
The Government

AbstrakKekerasan Dalam Rumah Tangga (KDRT) dalam ketentuan perundang-undangan di Indonesia tergolong sebuah kejahatan dengan ancaman hukum pidana karena mengakibatkan kesakitan dan penderitaan fisik maupun mental terhadap korbannya. Tujuan penelitian ini adalah untuk mengetahui prospek penegakan hukum Undang-Undang Penghapusan Kekerasan Dalam Rumah Tangga. Metode penelitian hukum yang digunakan pada penelitian ini penelitian hukum normatif yaitu suatu proses untuk menemukan aturan hukum, prinsip-prinsip hukum, maupun doktrin-doktrin hukum guna menjawab isu hukum yang dihadapi. Hasil penelitian menunjukkan bahwa menghapus tindak kekerasan dalam rumah tangga dapat dimulai dengan menghilangkan sebab-sebab dan unsur-unsur pemicunya. Dalam kaitan ini, sekurang-kurang terdapat banyak cara dan usaha yang patut dilakukan agar kekerasan dalam rumah tangga terelakkan atau setidak-tidaknya dapat dikurangi intensitasnya. Prospek penegakan hukum UU PKDRT akan sulit ditegakkan karena banyak kendala dalam pelaksanaannya.Hendaknya Pemerintah mensosialisasikan UUPKDRT kepada publik atau masyarakat secara jelas dan transparan guna menghindari bias atau ketidakjelasan akan isi dan kandungan dari UUPKDRT.Kata Kunci: Penegakan Hukum, KDRT.AbstractViolence in the home (domestic violence) in the provisions of law in Indonesia is a crime with the threat of criminal law, because it caused pain and suffering to the victim physically and mentally. The purpose of this study was to determine the prospects for law enforcement Law on the Elimination of Domestic Violence. Legal research methods were used in this study is a normative legal research process to find the rule of law, principles of law, and the legal doctrines in order to address the legal issues at hand. The results showed that removing the acts of domestic violence can begin by eliminating the causes and elements of the trigger. In this regard, at less there are many ways and efforts that should be done so that domestic violence inevitable or at least be reduced in intensity. Prospects the act, Law enforcement will be difficult to enforce because a lot of problems in implementation. The government should disseminate the act to the public or public is clear and transparent manner in order to avoid bias or lack of clarity of the contents and the contents of the act.Keywords: Law Enforcement, domestic violence.

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