scholarly journals Regarding the Problem of Defining the Concept of «Administrative and Legal Provision of Citizens’ Rights»

2020 ◽  
Vol 9 (26) ◽  
pp. 473-478
Author(s):  
Hanna Ivanova ◽  
Vasyl Felyk ◽  
Iryna Shopina ◽  
Konstantin Bieliakov
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Scientific Literature ◽  
The State ◽  
Modern World ◽  
Structural Components ◽  
General Sense ◽  
Legal Provision ◽  
Legitimate Interests ◽  
Definition Of

The purpose authors of this article aim to analyze the scientific literature on understanding the concept of “administrative and legal provision of civil rights”, its structural components and on this basis to offer our own view in regard to this administrative and legal category. To achieve this goal, such methods of scientific knowledge were used as: formal-logical; comparative analysis; logical and legal. Different scientific approaches and concepts to defining the notion of citizens’ rights have been analyzed in the article. On this basis the understanding of the category of “administrative and legal provision of citizens’ rights” has been improved. It includes two interrelated components – “administrative and legal” and “provision”. It has been determined that the term provision in the general sense means the creation of conditions, security, protection of something from danger. The rights of citizens as a subject matter of administrative provision have been analyzed. The features of human and civil rights have been outlined. It has been stated that human and civil rights, freedoms and legitimate interests in the modern world must be both declared in regulatory acts, and must be really guaranteed and secured by the state. It has been emphasized that officials of the state authorities, including law enforcement system, play a crucial role in the development of interaction between society, government and citizens. The main directions of ensuring the rights, freedoms and legitimate interests of citizens by the norms of administrative legislation, as well as the mechanism of their implementation have been determined. The authors have offered own definition of the concept of “administrative and legal provision of citizens’ rights”.

scholarly journals Representative function of the public prosecutor`s office: defects of legislation

2019 ◽  
pp. 164-175
Author(s):  
M. Stefanchuk
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
The State ◽  
Public Prosecutor ◽  
The Public ◽  
Legislative Regulation ◽  
Legitimate Interests ◽  
Definition Of ◽  
Social Importance ◽  
Representative Function

The current legislative regulation of the representative function of the prosecutor’s office in Ukraine contains a number of defects, which leads to a decrease in the effectiveness of law enforcement activities and the level of protection of the rights, freedoms and legitimate interests of participants of legal relations, and therefore the social importance of the prosecutor’s office activities outside the sphere of criminal justice in Ukraine. In such circumstances, there is a scientific discourse on the feasibility of retaining the powers of the prosecutor’s office outside the sphere of criminal justice in Ukraine, since the society seeks not for process for the sake of process, but for the result, which necessitates the scientific investigation of these defects in order to eliminate their consequences in law enforcement. The purpose of the article is to analyze the legislative regulation of the prosecutor’s office outside the sphere of criminal justice in Ukraine and the practice of its application in order to identify the defects of the legislation in this field, presenting their own vision on the prospects of legal support of the prosecutor’s office in this area in accordance with the needs and resources of society, as well as introduction proposals to remedy legislative defects in order to improve its enforcement. It is established that the legislative regulation of the representative function of the prosecutor’s office contains several defects, including: the declarative nature of the powers of the prosecutor, by which he is empowered in the process of exercising the representative function, especially in the pre-trial form of its implementation; appraisal terms in the legislative regulation of relations in a particular area, such as «state interests» and «exceptional cases»; the mismatch between the language structure and the content that the legislator sought to reflect in law, the manifestation of which is the definition of the object of the public prosecutor’s office of the «interest of the state», which in some cases is understood by the jurisdictions as a public authority and distorts the defined mission of the prosecutor’s office outside the criminal justice system at the level of the European institutions; the collisions in the legislative regulation of the representative function of the prosecutor’s office, which cause legal uncertainty as to the extent of the prosecutor’s powers in its implementation; the absence of a legislative conceptual vision of the public prosecutor’s office powers outside the criminal justice sphere. It is suggested that the basis for eliminating these defects in the legislation should be the necessity to change the conceptual model of prosecutor’s activity outside the sphere of criminal justice. The main elements of this model should be the clarification of the grounds for giving the prosecutor’s office guaranteed, not declarative powers outside the sphere of criminal justice, determined by the task of protecting human rights and freedoms, the general interests of society and the state. It is clarified the author’s vision of the elimination of defects in the legislative regulation of the representative function of the prosecutor’s office in Ukraine and the prospects for further scientific investigations in this field are outlined.

scholarly journals Law Enforcement Agencies in the System of Entities of Protection and Defense of Human Rights

2020 ◽  
Vol 9 (30) ◽  
pp. 77-83
Author(s):  
Oksana Aleksandrovna Panova ◽  
Andrii Tanko ◽  
Vladyslav Volodymyrovych Povydysh ◽  
Olha Vasylivna Alieksieieva
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Civil Rights ◽  
Scientific Work ◽  
Constitutional Rights ◽  
Law Enforcement Agencies ◽  
Root Cause ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
Definition Of

The purpose of this article is to define the role of law enforcement agencies in the system of protection of human rights and freedoms. The legal relations that arise during the activities of law enforcement agencies regarding the protection of human rights and freedoms were the subject of the study. Such methods of scientific cognition as dialectical, logical-semantical, formal-legal and analytical were used during the writing of the article. Through a series of research analyzes and comparisons, the definition of "law enforcement agencies" was provided. During the writing of this scientific work, the level of impact of effectively functioning law enforcement agencies on the entire system of protection of fundamental human and civil rights and freedoms was traced. It is stated that due to the multisectoral nature of activity of law enforcement agencies, their extensive system, etc., it is impossible to group them in one legislative act. The root cause for this is that all law enforcement agencies have different functions, different tasks, they do not have the same powers, and so on. It is emphasized that, regardless of the state in which they are located, law enforcement agencies (and especially their activities to ensure inalienable protected rights) will always be a model for a society as a whole. Hence the foundation of the widespread scientific thesis that the quality of law enforcement work in the field of protection and observance of constitutional rights, freedoms and legitimate interests of individuals is a direct reflection of the level of success and competence of all actors in society.

scholarly journals TYPES OF MEASURES IMPLEMENTED BY THE NATIONAL POLICE AND THE PLACE OF ADMINISTRATIVE COERCION AMONG THEM

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 79-85
Author(s):  
В. П. Калашнік
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
The State ◽  
General Level ◽  
Public Confidence ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Definition Of ◽  
Justice Restoration ◽  
National Police

The relevance of the article is that the creation of the National Police of Ukraine has become a radically new stage in reforming the law enforcement sector of our state. This central executive body was called not only to ensure the protection and observance of human and civil rights and freedoms, but also to increase the general level of public confidence in the state in general and its law enforcement sector in particular. At the same time, in carrying out their activities, the police implement a number of measures, among which a special place belongs to administrative coercion. The latter, in turn, emphasize the legal relationship between the state and the law enforcement system. Therefore, establishing the place, role and importance of the National Police in the system of law enforcement agencies of the state is of great importance for their proper functioning and efficiency. The article, based on the analysis of scientific views of scientists and the norms of current legislation, identifies the types of measures implemented by the National Police of Ukraine. The content of some measures is revealed. It is stated that in the system of measures implemented by the National Police, one of the key places is given to administrative coercion. The author's definition of the concept of administrative and coercive measures implemented by the National Police of Ukraine is proposed. It is determined that administrative-coercive police measures occupy the main place in the administrative activity of the police, as they provide, in particular: unimpeded preventive measures to prevent offenses; protection of human rights, freedoms and interests, citizens and public order and public safety; cessation of committed offenses; gathering evidence; identification and detention of the offender; bringing perpetrators to justice; restoration of justice in society, etc. Therefore, the more effective the measures of administrative coercion that can be used by the National Police of Ukraine, the better the fight against crime and the more effective the process of crime prevention.

scholarly journals Implementation of Normative Intelligence Policy In Immigration View

2019 ◽  
Vol 1 (2) ◽  
pp. 103-116
Author(s):  
Olyvia Sindiawaty ◽  
Mercy Marvel
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
State Government ◽  
The State ◽  
Government Agencies ◽  
Immigration Enforcement ◽  
Legal Rules ◽  
State Security ◽  
The Future ◽  
Definition Of

Intelligence Policy has often been heard in the realm of law, especially with government agencies held in Indonesia. One of them is the immigration agency, which is under the auspices of the Ministry of Law and Human Rights. The implementation of the policy is still minimal, although in fact it is contained in article 1 of Law No. 6 of 2011 number 30, as well as article 74. There are still many that need to be addressed, both in the applicable legal rules and with implementation in the field. The fact that sometimes the Immigration Officer is sometimes mixed in its own definition of intelligence and oversight. Are they the same or different and how to distinguish the two. Recognizing the fact that immigration is increasingly compacted by traffic activities in and out of foreigners and citizens and their supervision, a qualified intelligence is needed in maintaining the upholding of the country's sovereignty. It is an obligation, especially for immigration to safeguard the country as stated in the immigration function, is part of the affairs of the state government in providing Immigration services, law enforcement, state security, and community welfare development facilitators. Therefore, immigration should take part in enforcing supervision and security of the state in the field of law. Immigration intelligence which is under the auspices of the Directorate of Intelligence and immigration enforcement should need to be developed more thoroughly as a whole. So, it is hoped that in the future the Indonesian state will have total sovereignty over the country and its own people.

Features of Linguistic Terminology Regarding Counterfeiters in the Russian and Austro-Hungarian Empires in the XIX – early XX centuries

2020 ◽  
pp. 55-63
Author(s):  
Andrii Boiko-Gagarin
Keyword(s):  
Law Enforcement ◽  
Credit Cards ◽  
Russian Empire ◽  
The State ◽  
Criminal Cases ◽  
Paper Money ◽  
Historical Archives ◽  
The Russian Empire ◽  
Definition Of ◽  
First Time

The article analyzes the main terms used by law enforcement investigators and editors of the old newspapers regarding to counterfeiters, the forged money, and the process of selling them. Evidence of lexis in relation to counterfeiting has been traced from the criminal cases stored in the state historical archives of Ukraine and Poland, as well as in newspapers periodicals of Ukrainian cities. Most of the sources used in the study are published for the first time. The counterfeiters in Russian empire were called «manufacturer», «counterfeiter», but in Austro-Hungarian – the «counterfeiter» and «deceiver». The process of falsification in the newspapers of Galicia was defined in relation to money, as «made», «fabricated», in the Russian Empire – «cooked», «fabricated» and others. Most often, the definition of a counterfeiter’s personality was referred to as «counterfeiter», «coin counterfeiter», «counterfeiter». The place of counterfeiting was positioned as a «mint», often with the note «secret» or «illegal». In most newspaper publications, organized gangs of counterfeiters were described as а «gang banditti». Linguistic tautology «counterfeiting of counterfeit coins» is oftenly applied to counterfeit manufacturers. In terms of paper money, the definition «paper» and «picture» were used. The Galician press often called the trial of counterfeiters a «massacre». In 1915 in Chernihiv the credit notes signed by cashier S. Brut because of misinformation about their fraud, the population became wary of exchanging such a money, calling it «Brut’s rubles». For flat metal engraved cliches to print counterfeit assignments and credit cards the term «boards» was used, and coin counterfeiting tools are referred to as «counterfeiting machines» or «weapon tools».

scholarly journals Social and Legal Guarantees for the Security and Defense Sector Personnel in the Context of Gender Equality

2019 ◽  
pp. 100-109
Author(s):  
Yurii Dmytrenko
Keyword(s):  
Law Enforcement ◽  
Key Words ◽  
Gender Equality ◽  
Legal Status ◽  
Scientific Literature ◽  
Active Duty ◽  
Legal Provision ◽  
Gender Policy ◽  
Legal Standards ◽  
Key Words Gender

In the article the nature and content of gender, gender equality are defined on the basis of scientific literature and the acting legal standards analysis, the possibility to implement legal standards of foreign states into the legislation of Uk-raine, the improvement of mechanism as for application of gender equality in Ukraine are studied. Special attention is brought to the creation of effective legal provision and the mechanism of its application in the subdivisions of security and defense sectors of Ukraine. Attention to the disputable problems as for gender equality application in the security and defense sector, in particular as for bringing up to strength special law-enforcement bodies units, airmobile forces, carrying tour of duty etc. is emphasized. Key words: gender, gender equality, legal status, servicewoman, gender policy, active duty, security and defense sector.

scholarly journals On the Concept of the Human Rights Activities and the Human Rights System or on Organizational and Legal Prerequisites for the Nationwide Happiness

2021 ◽  
Vol 1 ◽  
pp. 27-35
Author(s):  
Yuriy V. Kim ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Police Officer ◽  
The State ◽  
Public Authorities ◽  
Head Of State ◽  
State Organizations ◽  
Definition Of ◽  
Almost All ◽  
Domestic Law

The terms “human rights activities” and “human rights system” are widely used in domestic law and law enforcement practice. The human rights dimension is represented in the functioning of almost all public authorities, from the ordinary police officer to the head of State. For many State and non-State organizations, human rights activities are profiling. Between, the category of human rights activities is not established in the special literature, nor is there a legislative definition of the concept, scope and subject of this sphere of activity. Accordingly, there is no proper coordination of human rights activities on the part of public authorities. The article specifies the content of the human rights function of the state and proposes approaches to increase its effectiveness.

scholarly journals Freedom and Independence During the Pandemic

2021 ◽  
pp. 39-47
Author(s):  
Svetlana Dimitrova ◽  
Kristina Ovdina
Keyword(s):  
Civil Rights ◽  
Effective Means ◽  
The State ◽  
Modern World ◽  
Bare Life ◽  
Life And Death ◽  
Responsible Attitude ◽  
To Come ◽  
Effective Development ◽  
Restrictive Measures

The scale and the speed of the spread of the new coronavirus strain and economic crises associated with it are becoming the reason to rethink the essential features and ways of interaction between freedom and independence. The aim of the research is to consider new and evaluate the significance of traditional approaches to defining independence and freedom. The authors analyze the mechanisms of the formation and development of biopower, the effectiveness of which is manifested in the possibility of turning people into "obedient bodies" (M. Foucault) and reducing human existence to the state of "bare life" (J. Agamben).The researchers emphasize that the highest form biopower manifestation, arose due to the effective development of medicine, became the possibility of transforming life and death into political concepts that require a "special solution". Therefore, the restrictive measures that arose during the spread of COVID-19 cannot be considered as a manifestation of total forms of addiction are established by biopolitics. The research allows the authors to come to the conclusion that the impossibility of achieving freedom and the loss of independence arise in the process of consistent implementation of the individualistic ideals. The results of the study contain a few contradictions identified by the authors. First of all, the development of biopower points that the concern for people's health enables the State to penetrate and manage all spheres of an individual's existence including issues of life and death. Biopolitics does not contribute to the establishment and development of civil rights, but creates effective means for reducing people to a state of "bare life". In the spread of COVID-19 the contradiction of following the individualistic ideals became obvious. Risks and threats that have a global character are confronted by a person unwilling to take responsibility. The revealed contradictions lead to the conclusion that a condition to maintain independence and achieve freedom in the modern world can be the formation of the new types of solidarities that make it possible to overcome the autonomy of existence and develop a responsible attitude to what is happening in the world.

scholarly journals THE ROLE AND IMPORTANCE OF TECHNICAL REGULATION IN INCREASING EFFICIENCY IN THE ENERGY SECTOR

2021 ◽  
Vol 06 (02) ◽  
pp. 28-29
Author(s):  
Nurlan Hajizade Nurlan Hajizade
Keyword(s):  
Economic Development ◽  
Research Work ◽  
Developed Countries ◽  
Energy Sector ◽  
The State ◽  
Modern World ◽  
Special Role ◽  
Negative Consequences ◽  
Technical Regulation ◽  
Definition Of

One of the important vectors of economic development in the modern world is the minimization of the negative consequences of human economic and other activities. Therefore, highly developed countries impose mandatory and voluntary requirements on the development of products and implement a series of measures. Necessary regulatory activities of the state in this direction include the definition of mandatory requirements, their proper implementation and the application of sanctions. All these processes are carried out through technical regulation. It is important to apply technical regulation in every sector of the economy. This importance plays a special role in the energy sector, which is closely linked to all sectors of the economy, and differs even more. In this regard, the role and importance of technical regulation in increasing the efficiency of the energy sector in the research work is highlighted.

scholarly journals TOLERANCE AS A MANIFESTATION OF INDIFFERENCE

2021 ◽  
Vol 7 (6) ◽  
pp. 57-73
Author(s):  
Halyna Chuyko ◽  
◽  
Igor Zvarych ◽  
Yan Chaplak ◽  
◽  
...  
Keyword(s):  
Information Society ◽  
Scientific Literature ◽  
Negative Attitude ◽  
Modern World ◽  
Unresolved Issue ◽  
Dynamic Nature ◽  
The World ◽  
Modern Information ◽  
Definition Of

The article is devoted to the theoretical analysis of the understanding of the phenomenon of tolerance in psychology and the determination of the characteristics and probable reasons for the manifestation of such a form as tolerance of indifference, which is currently the most widespread in the world, according to the authors of this article. It is stated that there are a lot of different interpretations of the concept of tolerance in the scientific literature and they continue with an awareness of the complexity, multidimensionality and dynamic nature of this phenomenon, however, instead of identifying what unites them, which is common for the definition of tolerance, scientists are focused on attempts to offer their own, more a good understanding of it, different from the existing ones. And this actually means the absence in science of the exact meaning of this word, as well as an understanding of what exactly, what psychological phenomenon it means. And the attempts of scientists to distinguish this concept from the concept of tolerance in no way facilitate the solution of the situation. It is suggested that tolerance and intolerance should not be opposed in the context of a "positive-negative" attitude, since these concepts are not mutually exclusive, and the manifestation of intolerance under certain circumstances can be a moral phenomenon, in contrast to tolerance. It is noted that the biggest problem and still unresolved issue of the psychology of tolerance is the definition of the boundaries of manifestation of tolerance, tolerant attitude towards another person and his actions. It is concluded that the limit of the manifestation of a tolerant attitude is violation / neglect of other norms of universal human morality; that in the modern world, tolerance is not always actively manifested, more often the tolerance of indifference dominates. And it is precisely this manifestation of tolerance that has a long history (philosophical and religious), which serves as a serious basis for modern manifestations of tolerance as indifference. Tolerance of indifference is a manifestation of a stable, not always conscious, indifferent attitude to various issues of human existence, which excludes both a person's assessment of the current situation and taking responsibility for its development. The tolerance of indifference was inherited by the post-Soviet countries from totalitarianism, but the modern information society, in part, involuntarily cultivates just this kind of tolerance, gradually leveling the axiological significance of a person's moral and existential values.

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