scholarly journals Democracy as one of the fundamental bases for the implementation of legal guarantees of human rights in Ukraine

2021 ◽  
pp. 204-210
Author(s):  
V. V. Novitskyi
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Public Relations ◽  
Rule Of Law ◽  
State Policy ◽  
Professional Training ◽  
Full Range ◽  
National Level ◽  
The People ◽  
Legislative Initiative

The author of the article objectively argued the real importance of realistic instruments of democracy for the modern state formation of Ukraine. One of the most progressive mechanisms for implementing state policy in the field of protection, protection of human rights through their legal guarantees, progressive integration of democratic standards of the international community into the sphere of political and jurisprudence of Ukraine is the active introduction of new levers of democracy. We are convinced that the rules of law governing public relations must meet the challenges of today, and most importantly, be united in the desire of civil society to fully realize the objective demand of the people of Ukraine for justice. The agenda of Ukraine’s strategic priorities is extremely voluminous and endowed with a strong public resonance. That is why the means, the methods of activated democracy, are a potentially effective recipe for reducing the amplitude of public tension. The urgency of the issue of democracy was justified not by political slogans and the popularity of this subject of scientific research, but solely through the prism of the critical need for functional implementation of legislative, procedural guarantees of human rights in Ukraine. After all, in the conditions of modeled totalitarianism, authoritarian system of state policy, prohibitive measures that will be aimed at reducing or eliminating the will of the people, the full implementation of the full range of legal guarantees of human rights will lose its effectiveness. In our opinion, the level of democratic multi-vector practical implementation of the people’s power is a litmus test, a truly effective indicator of the attitude of state power to human rights and the rule of law in Ukraine. The author of the presented study carefully analyzes such institutions of democracy as the initiative in law, the legislative initiative of the people of Ukraine and the procedural implementation of the proposal to hold an all-Ukrainian referendum at the initiative of the citizens of Ukraine. After analyzing the doctrinal component of the initiative in law, we professionally turned our attention to the following fundamental issues: a) joint consolidation of civil society around the following fundamental principles: inviolability, respect for the human rights of everyone; Rule of Law; trust; desire to seek and find a compromise solution to conflicting precedents; b) personal, characterizing the characteristics of the individual who is able to propose legislative initiatives and demonstrate their own responsibility for this process; c) the issue of activating civil society, with the aim of individual, targeted stimulation of their representatives for further motivational training, professional training and formation of a constellation of leaders of local, regional and national level. In the article research, the actual factors of normative implementation of the legislative initiative of the people of Ukraine in the Verkhovna Rada of Ukraine are considered in detail. The author of the article analyzed the presented subject of the dispute from the point of view of historical preconditions and attempts of parliamentarians to consolidate the people of Ukraine, a full-fledged institution of legislative initiation. In addition, within the framework of the outlined topic, an analysis of the current Draft Law on Amendments to Article 93 of the Constitution of Ukraine (on the legislative initiative of the people) of 29.08.19 was conducted and subjective opinions were provided on the basis of its substantive presentation. In our opinion, for a comprehensive, normative settlement of really important issues of the legislative initiative of the people of Ukraine, it is necessary to adopt an independent, purposeful Law of Ukraine with the relevant subject of jurisprudence. In the context of the study of progressive, legal norms on the vector of the idea of democracy, the main innovations of the Law of Ukraine «On Democracy through All-Ukrainian Referendum», signed by the President of Ukraine on 08.04.21, concerning the implementation of electronic voting and legislative plans areas of application of innovative technologies for electronic (machine) voting and legislative initiative of the people of Ukraine. We are deeply convinced that such an intensifying interest of the scientific community and people’s deputies of Ukraine in the issue of democracy in our country inspires us with optimism and confidence that the initiated legislative initiatives will have their practical success in the process of daily regulation of public relations. Keywords: people of Ukraine, democracy, initiative in law, legislative initiative, democracy.

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.

Towards a holistic approach, in international practice, to the design and implementation of initiatives to promote the rule of law at the national level

2015 ◽  
Vol 11 (1) ◽  
pp. 78-91 ◽  
Author(s):  
Juan Carlos Ochoa S.
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
National Level ◽  
Holistic Approach ◽  
International Community ◽  
Cultural Norms ◽  
Conceptual Approach ◽  
Political Issues ◽  
The Rule Of Law ◽  
Design And Implementation

AbstractThis paper reflects on the conceptual approach adopted, in international practice, to the design and implementation of initiatives to promote the rule of law at the national level. It pays particular attention to the understanding, in international practice, of the relationship between the rule of law, democracy, human rights and development. It does so by looking especially at the practice of the UN, and taking into account many empirical and theoretical studies. After first examining the predominant paradigm in the rule of law field adopted by the international community until 2010, and the evolution of international practice thereafter, it concludes that the observance of the rule of law in a given country is determined by political and economic structures, cultural norms, institutions and laws. On this basis, and acknowledging the critical importance of the adopted concepts of rule of law, democracy and human rights, it finds the increasing recognition by the UN of the mutually reinforcing impact of these notions as adequate. This approach allows greater attention to be paid to several socio-economic and political issues that significantly affect the observance of the rule of law in many developing countries, the main recipients of the work of the international community in this field. Based on these findings, it indicates areas for reform.

The Role of the African Commission on Human and Peoples’ Rights in Developing Norms and Standards on HIV/AIDS and Human Rights

Global Jurist ◽  
2017 ◽  
Vol 17 (3) ◽  
Author(s):  
Ebenezer Durojaye
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
National Level ◽  
Human Rights Abuses ◽  
African Commission ◽  
Hiv Aids

AbstractThis article examines the role of the African Commission on Human and Peoples' Rights (African Commission) in establishing norms and standards on HIV and human rights that will assist African governments in addressing human rights abuses in the context of HIV as well as in combating the spread of the epidemic. The article argues that through the promotional and protective mandate of the Commission, opportunity exists for the establishment of important norms and standards to guide African states in addressing human rights challenges raised by HIV/AIDS. It concludes by arguing that the African Commission needs to forge more collaboration with states and civil society groups to ensure proper implementation of its norms and standards at the national level

scholarly journals State policy of Chile to overcome crime

2016 ◽  
pp. 25-32
Author(s):  
Liudmila Diakova
Keyword(s):  
Civil Society ◽  
State Policy ◽  
Personal Experience ◽  
Civil Society Organizations ◽  
Public And Private ◽  
Current State ◽  
The People ◽  
Special Programs ◽  
Main Factors ◽  
Perception Of Security

This article analyzes the current state policy of Chile to overcome crime. It is noted that the study of public opinion regarding the personal experience of the people, demonstrating the improvement of the security situation (public and private) for the last 10 years (since 2005). However, the respondents’ perception of security problems has become much more negative, which is associated with the general deterioration of these indicators in the region, as well as a keen attitude of Chilean society to social inequality, which is considered one of the main factors for the growth of crime. Special attention is given to special programs to ensure public safety, and various governmentalpractices of the fight against crime, including the interaction of the police with civil society organizations.

scholarly journals Principles оf Regulatory Activity of Bodies State Authority

2021 ◽  
Vol 7 ◽  
pp. 52-60
Author(s):  
Zoya Pogorelova
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Rule Of Law ◽  
Fundamental Principle ◽  
Legal Regulation ◽  
Scientific Validity ◽  
Public Authorities ◽  
The Rule Of Law ◽  
The Government ◽  
Rule Making

The article, based on clarifying the content of related concepts of law-making, considers the principles of the rule-making activity as the power activity of public authorities. Such principles include the principles of humanism, democracy, the rule of law, human rights, and scientific validity of rule-making decisions, which necessitates the professionalism of rule-making activities, planning, systematics, complexity, timely revision and updating of legislation, and transparency. The content of these principles is revealed, their ranking is carried out, their importance for legal science and practice is emphasized, and the positions of scientists concerning their optimal list and characteristics are analyzed. In particular, attention is drawn to the fact that the principle of humanism is reflected in the fundamental values that underlie the constitutional order, the basis of the current law and human rights enshrined in the Constitution and laws of Ukraine: human dignity, the right to self-realization, justice and freedom, non-discrimination and equality before thelaw, tolerance, responsibility and respect for others. The principle of democracy, as a fundamental principle of rule-making, legitimizes the subjects of rule-making and creates a basis for their legal activities. The rule of law is also a fundamental principle of rule-making (including its components such as the principle of direct effect of the Constitution of Ukraine, the rule of the Constitution as the Basic Law, the principle of legality, legal certainty, the equality before the law and non-discrimination, and proportionality). It is emphasized that the principle of scientific validity of rule-making decisions necessitates professionalism of rule-making activities, and ensuring a high professional level of rule-makers makes it possible to carry out rule-making activities at a high scientific level, on a planned, systematic, comprehensive basis, the legal regulation of public relations, and the implementation of state functions. Aspects of the principle of publicity of normative activity of the Parliament, the Government, and the President of Ukraine are also analyzed.

scholarly journals Practical judicialtraining: contribution of the National School of Judges of Ukraine to strengthening corruption prevention mechanisms

2020 ◽  
pp. 19-29
Author(s):  
Nataliia Shuklina
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Professional Training ◽  
Conflicts Of Interest ◽  
Professional Activity ◽  
The Rule Of Law ◽  
Human Rights Protection ◽  
Special Training ◽  
National School ◽  
Corruption Prevention

The article examines the role of the National School of Judges of Ukraine in strengthening the mechanisms preventing corruption through the professional training of the judiciary. In particular, relevant training activities for candidates for the judge's post, effective judges of all jurisdictions and judges of the High Anti - Corruption Court are reviewed in the article. The program of special training of candidates for the post of judge (to fill vacant posts of judges in the courts of first instance) in 2018-2019 comprised trainings on anti-corruption legislation, including European standards and national legislation; corruption related criminal offences and criminal offenses in the field of in-service and professional activity tied to the provision of public services; administrative offenses related to corruption. Trainings on anti-corruption legislation and practice of its application are a part of the periodic training programs of effective judges of local general, commercial and administrative courts, as well as courts of appeal. Anti - corruption issues were one of the key topics in the training of newly appointed Supreme Court judges. It is stated that National School of Judges of Ukraine also made a contribution into the process of selection of judges of the High Anti - Corruption Court by developing of test questions and practical tasks (model court cases). The School, with the support of its international partners, conducted an Orientation Course for judges of the High Anti - Corruption Court, which included trainings on the rule of law, standards of human rights protection in accordance with the practice of the European Court of Human Rights, return of assets and instruments of cooperation with international organizations, international anti-corruption standards, practical aspects of dealing with corruption cases (witness and victim protection, money laundering, asset seizure, special confiscation). The next scheduled training of judges of the High Anti - Corruption Court was related to adjudication of corruptionists and confiscation of their property in Ukraine. The main training topics for the court staff are the application of anti-corruption legislation concerning civil servants, main issues of financial control, features of the electronic declaration system, settlement of conflicts of interest, responsibility for violation of anti-corruption legislation. The conclusion is made that all these activities influence the change of the professional consciousness of judges, the affirmation of the values of the rule of law and fair trial. Keywords: corruption prevention, confiscation of assets, special training of candidates for the post of judge, periodic training of judges.

scholarly journals Constitutional Voice for Good Governance in Bangladesh

2014 ◽  
Vol 3 (2) ◽  
pp. 149-156
Author(s):  
Md. Ashraful Alam ◽  
Nusrat Hasina
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Welfare State ◽  
Rule Of Law ◽  
Good Governance ◽  
Jel Classification ◽  
Equal Opportunities ◽  
Equal Rights ◽  
Classification Code ◽  
The Masses

Good governance is a real drive behind a country’s development. It protects the human rights, ensures the justice, maintains law an order and provides equal opportunities to the masses. It provides the fruits of progress and development to all and sundry. Participation, transparency and rule of law, are some essentials of good governance. It is a vital aspect at all levels of society and state. It makes the system of the state effective and efficient. Good governance is not well rooted in Bangladesh due to some challenges. Civil society is trying to focus the concept for smooth development and stability of a country. Because, people of the country enjoy equal rights where there is good governance. Minorities live freely and exercise their religion. Therefore, a welfare state can only exist if there is good governance. JEL Classification Code: K1

THE ORIENTERS OF DEVELOPMENT OF FORMS OF COMMUNICATIVE INFLUENCE OF CIVIL SOCIETY ON THE PUBLIC POLICY

2018 ◽  
Vol 1 (12) ◽  
pp. 228-235
Author(s):  
Iryna Vіtalіivna Chaplay
Keyword(s):  
Public Policy ◽  
Civil Society ◽  
Public Relations ◽  
Public Administration ◽  
State Policy ◽  
Public Management ◽  
Public Authorities ◽  
The Public ◽  
Inaccurate Information ◽  
Wide Range

The article presents the theoretical and methodological foundations of the development of forms of communicative influence of civil society on the public policy, provides the main methods and conditions of their use for gaining advantages in solving problems of public-management relations. A wide range of issues related to the peculiarities of public relations organization, taking into account domestic and foreign experience, is covered. The specifics of the use of marketing communications in communicating of public authorities with the public are shown. It is substantiated that in the institutional sense, the greatest interest is the classification, depending on the scope of distribution. The public, when communicating with government, through certain communication tools, is called the external form of communication. The external forms of the communicative influence of civil society on state policy help them convey to the state authorities the necessary information about their thoughts, needs, requests, etc. Of course, such information should be constantly updated and accurate. All non-governmental organizations should maintain friendly relations with state organizations and prevent any misinformation of the latter. At the same time, informatization of public administration contains both positive potential and difficulties and contradictions, neglection which, as practice shows, turns negative result. To date, they are insufficiently developed and require scientific comprehension and substantiation, in particular, the issue of organizational, regulatory and legal support for the implementation and implementation of modern marketing tools and management in public administration. Concerning the prospects for further research on the concept of "the form of communicative influence of civil society on state policy", they consist in streamlining its conceptual apparatus as the basis for improving its system, since incomplete and inaccurate information becomes, as a result, the cause of many problems in the system of reforming public administration .

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