scholarly journals Tasks and Functions of the Subjects of Guaranteeing Rights of Persons Sentenced to Imprisonment in Ukraine

2020 ◽  
Vol 9 (28) ◽  
pp. 92-99
Author(s):  
Serhii Bortnyk ◽  
Tatiana Korniakova ◽  
Kyrylo Muraviov ◽  
Olesia Marchenko
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Social Protection ◽  
International Standards ◽  
Legal Analysis ◽  
Legal Method ◽  
Security Control ◽  
Effective System ◽  
Protection Of Human Rights ◽  
Legal Mechanism

The purpose of the article is to identify the entities of ensuring the rights of citizens sentenced to imprisonment in Ukraine, as well as to analyze their tasks and functions. During the writing of the article, such methods of scientific knowledge as: comparative-legal, legal analysis, dialectical, system-structural, logic and legal method were used. The main entities of ensuring and protection the rights of citizens sentenced to imprisonment in Ukraine are identified. It is stated that the protection of the rights and freedoms of persons sentenced to imprisonment is done through an extensive system of state and non-state entities whose activity is aimed at the implementation of state policy in this field. It is proposed to classify the entities of protection of human rights and citizens, in particular they are divided into two main groups, namely who: a) are endowed with relevant functions on behalf of the state; b) perform certain functions as civil society institutions. The basic tasks of such entities are analyzed and their functions are defined and systematized (content characterization is provided). All functions of the entities of ensuring the rights of persons sentenced to imprisonment are divided into basic (normative, security, control) and additional (educational, re-socialization, social protection, prevention). It is concluded that the legislative consolidation of the tasks and functions of such entities is a prerequisite for the establishment of an effective system of ensuring the rights and freedoms of convicted persons. Such a legal mechanism must comply with universally recognized international standards in the field of the protection of human rights and freedoms.

scholarly journals Ensuring the detection of property in the institute of property seizure

2021 ◽  
Vol 10 (42) ◽  
pp. 236-247
Author(s):  
Anastasiia Bazhenova ◽  
Anatolii Desyatnik ◽  
Hanna Mudretska ◽  
Inna Pakipova
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Criminal Procedure ◽  
General Interest ◽  
Legal Analysis ◽  
Legal Method ◽  
Procedure Code ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right

The article is devoted to the study of certain issues of property detection in the institution of seizure of property. On the basis of comparative legal analysis, the possibility of ensuring the detection of property using search and seizure within the Criminal Procedure Code of the past and modern Criminal Procedure Code of Ukraine and foreign countries was assessed. The rights of the victim under the Convention for the Protection of Human Rights and Fundamental Freedoms are analyzed in terms of his/her right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law to decide his/her civil rights and obligations. The application of the criminal procedural legislation of Ukraine is analyzed taking into account the practice of the European Court of Human Rights on the protection of human rights in relation to the rights of individuals or legal entities to peacefully own their property. Emphasis is placed on the fact that the previous provisions do not in any way restrict the right of the state to enact such laws as it deems necessary to exercise control over the use of property in accordance with the general interest. Scientific methods such as analysis, synthesis, formal-legal and comparative-legal method became the methodological basis of the research.

scholarly journals Legal Regulation of Interaction of Security Service of Ukraine with Civil Society in Counteracting Terrorism

2019 ◽  
Vol 74 (3) ◽  
pp. 10-17
Author(s):  
A. Yu. Helzhynskyi
Keyword(s):  
Civil Society ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
International Terrorism ◽  
Legal Analysis ◽  
Counter Terrorism ◽  
Terrorist Activity ◽  
Legal Method ◽  
Security Service

The relevance of the research is determined by the prerequisites for the rise in the levels of terrorist threats in Ukraine and the development of international terrorism. In response to these threats, the state creates protective mechanisms, increasing the level of protection of the population, since this is one of its main tasks. However, this system does not fully meet its objectives without cooperation with civil society. That is why, one of the current tasks is to unite the efforts of the state and civil society institutions in fighting against terrorism. Every citizen and civil society in the whole is a stakeholder and partner in the fight against terrorism. Citizens should be active participants. Therefore, the article provides a legal analysis of the interaction of the main agency in the state system of combating terrorist activity – the Security Service of Ukraine with civil society and clarifies the ways of implementing the state policy on counteracting terrorism. The comparative legal method of the study analyzes the source base of national law concerning the interaction of the Security Service of Ukraine with civil society in fighting against terrorism. The practical relevance of the study is determined by the ability to use the main points and conclusions of the study to further studies of the problems of the interaction of counter-terrorism actors with civil society. As a result of the analysis of the normative base on the interaction of the Security Service of Ukraine with civil society in fighting against terrorism, it can be stated about the state's efforts to implement the main points of the UN Global Counter-Terrorism Strategy. In general, Ukraine's anti-terrorist system meets international standards in the field of counteracting terrorism. However, national legislation is the subject to improvement in the field of counteracting terrorism with the involvement of civil society institutions in eliminating the conditions and causes of terrorist activity.

TO THE QUESTION OF RESPONSIBILITY FOR TORTURE IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 10 (2) ◽  
pp. 103-106
Author(s):  
ASTEMIR ZHURTOV ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Large Scale ◽  
Human Life ◽  
International Standards ◽  
World Community ◽  
The World ◽  
Long Time ◽  
Protection Of Human Rights ◽  
The Russian Federation

Cruel and inhumane acts that harm human life and health, as well as humiliate the dignity, are prohibited in most countries of the world, and Russia is no exception in this issue. The article presents an analysis of the institution of responsibility for torture in the Russian Federation. The author comes to the conclusion that the current criminal law of Russia superficially and fragmentally regulates liability for torture, in connection with which the author formulated the proposals to define such act as an independent crime. In the frame of modern globalization, the world community pays special attention to the protection of human rights, in connection with which large-scale international standards have been created a long time ago. The Universal Declaration of Human Rights and other international acts enshrine prohibitions of cruel and inhumane acts that harm human life and health, as well as degrade the dignity.Considering the historical experience of the past, these standards focus on the prohibition of any kind of torture, regardless of the purpose of their implementation.

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 Wolności i prawa polityczne dziecka

2020 ◽  
pp. 7-25
Author(s):  
Marek Bielecki
Keyword(s):  
Human Rights ◽  
Subject Matter ◽  
Positive Impact ◽  
International Standards ◽  
Political Freedom ◽  
Political Rights ◽  
Developmental Issues ◽  
Protection Of Human Rights ◽  
The Subject

The subject matter of the present paper is the analysis of particular normative solutions as well as the position of the judiciary and the interpretations of the doctrine in the scope of political freedom and rights that may be applied by a child. A child, as an entity equipped with the attribute of inherent and inalienable dignity, is a benefciary of the guarantees concerning the protection of human rights and freedoms proclaimed in both the national and international standards. Due to the existence of some objective obstacles such as age or developmental issues, certain rights cannot be fully applied by a child. While analyzing the indicated issues, the author of the study evaluates existing regulations as well as presents proposals for changes that could have a positive impact on children’s situation concerning the implementation of his/her political rights.

scholarly journals IMPLEMENTATION OF DIGITAL TECHNOLOGIES IN HUMAN RIGHTS TO HEALTHCARE

2020 ◽  
Vol 73 (7) ◽  
pp. 1539-1544
Author(s):  
Volodymyr V. Marchenko ◽  
Inna I. Kilimnik ◽  
Alla V. Dombrovska
Keyword(s):  
Human Rights ◽  
Digital Technologies ◽  
European Convention ◽  
Structural Method ◽  
Legal Analysis ◽  
The European Union ◽  
Blockchain Technology ◽  
European Court ◽  
Analysis And Synthesis ◽  
Protection Of Human Rights

The aim: The aim of the study is to examine the blockchain technology in the field of healthcare, to analyze the principles of the European Convention on Human Rights regarding respect for private and family life, home and correspondence, to analyze the key positions of the European Court of Human Rights (hereinafter – ECHR) in the field of human rights to privacy, to analyze the European Union (hereinafter – EU) secondary legislation regarding the supply of medicines, prospects for the blockchain usage in order to protect human rights to privacy and improve the quality of medicines. Materials and methods: Scientific works that are devoted to the outspread of digital technologies in healthcare, the provisions of the European Convention on Human Rights, the ECHR’s practice on the protection of human rights to privacy, the provisions of the EU secondary legislation that regulate the supply of medicines are studied. The methodology of this article is based on comparative and legal analysis techniques and includes system-structural method, method of generalization, method of analysis and synthesis as well. Conclusions: The blockchain technology in medicine and pharmacology will increase the level of protection of human rights to healthcare quality.

scholarly journals Aspects of legal regulation of the provision of medical services

2020 ◽  
Vol 9 (27) ◽  
pp. 357-366
Author(s):  
Oleksandr Shevchuk ◽  
Volodymyr Maryniv ◽  
Yuliia Mekh ◽  
Oleksandra Shovkoplias ◽  
Oksana Saichuk
Keyword(s):  
Medical Care ◽  
Local Governments ◽  
Medical Service ◽  
Legal Regulation ◽  
International Standards ◽  
Medical Services ◽  
Legal Analysis ◽  
Legal Method ◽  
Logical Method ◽  
State Organizations

The article focuses on the need to respect human rights in the provision of medical services in Ukraine. It is strictly unacceptable to restrict citizens of Ukraine in receiving free medical services, since such a right is provided for by Art. 49 of the Constitution of Ukraine. It is proposed to consider that a medical service includes all types of medical care and is a special activity in relation to human health. The concept and main signs of medical services are revealed, it is established that the state, local governments, legal entities and individuals, including the patient, can be the customer of medical services. Ukrainian legislation governing the provision of medical services does not meet international standards. The positive experience of the EU countries (France, Denmark, Slovakia) and the world (Australia, Canada) shows that access to medical services is provided within the framework of medical insurance, in most cases free of charge, and is controlled by authorized state organizations. The purpose of the article is to determine the content, signs of medical services, classification criteria for their subjects, disclose the features of their legal regulation, clarify the problems of legalization of medical services and improve legislation taking into account foreign experience. The research methodology is based on a systematic approach, which is determined by the specifics of the topic of the article, and is also associated with the use of general and special research methods. The comparative legal method and the method of legal analysis were used in the study of legislative rules governing the provision of medical services. Using the method of legal analysis, groups of subjects of medical legal relations in the field of medical services are determined and their powers are analyzed. The formal logical method was used to differentiate the criteria for distinguishing between the legal structures “medical care” and “medical service”. The results of the study contributed to the identification of certain legal problems that arise when citizens receive medical services and require immediate resolution. It is also advisable to introduce compulsory state health insurance.

scholarly journals Constitutional and legal analysis of assessing the effectiveness off the formation and functioning of public control in Russia

2021 ◽  
Vol 7 (1) ◽  
pp. 468-475
Author(s):  
Vitaly Viktorovich Goncharov
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Russian Federation ◽  
Practical Implementation ◽  
Legal Analysis ◽  
Public Control ◽  
Legal Foundations ◽  
The Russian Federation

The practical implementation of the constitutional and legal foundations of public control in the Russian Federation involves the analysis of modern problems arising from the organization and implementation of this institution of civil society, as well as the development and justification of ways to resolve them.  We believe that the resolution of modern problems arising from the organization and implementation of public control in Russia will ensure the implementation in practice of the constitutional principles of democracy and the participation of citizens in the management of state affairs, as well as the implementation, protection and protection of the system of human rights and freedoms and citizen.  

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