scholarly journals Ombudsman Institute: Basic Models and Problems of Reception in Constitutional Law

2020 ◽  
Vol 9 (29) ◽  
pp. 273-281
Author(s):  
Oleksandr Batanov ◽  
Natalia Verlos ◽  
Olga Lotiuk ◽  
Olena Sinkevych
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Constitutional Law ◽  
Separation Of Powers ◽  
Classical System ◽  
Modern World ◽  
Persons With Disabilities ◽  
The Rule Of Law ◽  
Human Rights Protection ◽  
Rights Protection

In the search for optimal ways of improving the normative foundations and organizational-legal forms of human rights protection, the problem of institutional support of relevant processes is actualized. The protection of human rights is inherently linked to all public-power structures of the mechanism of state power and is possible only in the context of optimal implementation of the principles of the rule of law, separation of powers, democratic, social, rule of law. In Ukraine, in the context of constitutional modernization, the problem of improving the organizational-legal mechanism of human rights protection remains urgent. For this purpose, the Institute of the Ombudsman operates in Ukraine. Its implementation fully meets the tendencies existing in the modern democratic world and is a reaction to those conflicts and contradictions that exist in the field of human rights protection. Nevertheless, the social insecurity of certain sections of the population (children, pensioners, persons with disabilities, servicemen, migrants, internally displaced persons, ethnic minorities, persons belonging to the LGBTI community, entrepreneurs, patients and other categories of citizens) is an indicator of the relevance of the problem and the functioning of national human rights protection mechanisms, including the strengthening of the relevant oversight functions of the Ombudsman. The subject of the research is the problems of reception in the constitutional law of the basic models of organization of the Ombudsman Institute in the mechanism of functioning of the rule of law. The object of the study is the public relations that delve into the human rights protection process and the ombudsman's exclusivity in the relevant processes. The methodological basis of the study are general scientific methods, such as dialectical, comparative-legal, formal-legal, historical, and logical methods of cognition, as well as special and private-law methods. The history of development, the causes, the processes of institutionalization and constitution of the ombudsman services in the modern world, the permanent transformation of their functions and the differentiation of their specialization are evidence of the improvement of the classical system of separation of powers and the constitutional mechanism of its organization. It is argued that the functional isolation, independence, and organizational diversity of the control bodies, first of all, the Ombudsmen, is a testament to the formation of control power, the conceptual idea of which is the existence of a system of measures to ensure control over public authority.

scholarly journals Constitutional and legal foundations of the control activities of the Ombudsman in the modern world: axiological, ontological and teleological aspects.

2020 ◽  
pp. 191-202
Author(s):  
Batanov Olexandr
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
Classical System ◽  
Project Work ◽  
Modern World ◽  
Persons With Disabilities ◽  
Internally Displaced ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Minorities

The article examines the current constitutional and legal problems of the formation and implementation of the control activities of ombudsman in the modern world. It is proved that the history of development, the causes, the processes of institutionalization and constitution of Ombudsman services in the modern world, the permanent transformation of their functions and the differentiation of their specialization are evidence of the improvement of the classical system of separation of powers. Following the legal traditions of democratic countries, the Institute of the Ukrainian Parliament Commissioner for Human Rights was introduced in Ukraine. Today, it has become an important way of ensuring human rights. The introduction of the Institute of the Ukrainian Parliament Commissioner for Human Rights fully meets the current trends in the modern democratic world and is a reflection on those systemic challenges and complex problems that exist in the field of human rights protection. The article argues that the social tension and insecurity of certain segments of the population, in particular children, pensioners, persons with disabilities, servicemen, migrants, internally displaced persons, ethnic minorities, persons belonging to the LGBTI community, entrepreneurs, patients and other categories of the community , demonstrates the need to improve national mechanisms and forms of human rights protection, including strengthening the oversight functions of the Ukrainian Parliament Commissioner for Human Rights. It is argued that the functional isolation, independence and organizational diversity of control bodies, primarily ombudsman, is evidence of the formation of control power, the conceptual idea of which is the existence of a system of organizational, regulatory, institutional measures to ensure control over public authority. It is concluded that fundamental constitutional values, among which, first of all, human rights and the authority responsible to him are the functional and teleological dominant activity of the Ombudsman, the feasibility of creating and the practice of functioning of which, in fact, is due to the solution of these interrelated tasks. According to the author, in order to improve the Ombudsman Institute in Ukraine, it is advisable to continue the constitutional and project work on amendments to the Constitution of Ukraine, which provide for the possibility of introducing specialized parliamentary ombudsmen (on issues of the child, servicemen, equal opportunities, national minorities, etc.) the scope of their control activities.

Institution-Building and Human Rights Protection in Kosovo in the Light of UNMIK Legislation

2001 ◽  
Vol 70 (4) ◽  
pp. 461-488 ◽  
Author(s):  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Current System ◽  
Institution Building ◽  
Power Structures ◽  
The Rule Of Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Effective Remedy ◽  
Human Rights Standards

AbstractBy analyzing specific legislative and institutional aspects of UNMIK's administration of Kosovo, this article attempts to highlight the discrepancy between the nature of an international security presence and civilian administration (under Security Council peacekeeping mandate), and effective human rights remedies, as well as principles of democratic governance such as accountability, lawfulness and constitutionality. The `constitutional' aspects of the current system of governance in Kosovo are described and difficulties of creating an international administration, which seeks to gain a certain level of acceptance by the subjected population, are pointed out. The article explains how UNMIK went about establishing a Joint Interim Administrative Structure while dismantling parallel, illegitimate power structures. It further addresses the Constitutional Framework for Provisional Self-Governance and evaluates briefly its human rights-related aspects. Legislative issues and questions concerning the rule of law are discussed in another section, which deals with UNMIK's formal commitments to adhere to the highest level of internationally recognized human rights standards. Several important Regulations issued by the Special Representative of the Secretary General (SRSG) are analyzed. Consequently, the most significant structures and mechanisms for the protection, promotion and monitoring of human rights are shortly presented and put in context. The article raises several crucial questions concerning the access to effective remedy and the effectiveness of human rights institutions in an environment of legal uncertainty, the absence of the rule of law and the supremacy of international authority, which is beyond the reach of judicial control or review. It concludes that if effective human rights protection shall be the outcome of structures dedicated to human rights, these structures have to be constructed to offer real remedies, proper judicial procedures and legal clarity. The present nature of international peace missions (military and civilian) is not compatible with the requirements of a law-based administration according to the Rechtsstaat-model, which is arguably a prerequisite for effective human rights protection.

scholarly journals PEROLEHAN KEMBALI STATUS KEWARGANEGARAAN YANG HILANG BERDASARKAN UNDANG-UNDANG KEWARGANEGARAAN

Yuridika ◽  
2014 ◽  
Vol 29 (3) ◽  
Author(s):  
Emmy Wulandari
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Fundamental Rights ◽  
Reciprocal Relations ◽  
Citizenship Status ◽  
Administrative Practices ◽  
The Rule Of Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Democratic State

In the democratic state and the rule of law, human rights protection is an essential principle. The fact that citizenship status is fundamental rights put consequences that the states and citizen has reciprocal relations which means states needs their citizens as well as citizens need states. States should ensure that no one in the states is left stateless. In order to avoid stateless, the State needs to be aware and anticipative which is reflected through legislation and administrative practices. In the Heidy Mariska case, the administrates neglected article 17c Law No. 62 Year 1958 on Citizenship which then results in diffusion of Heidy Mariska citizenship status so that she was stateless in the country she was born in. This paper analyse the implementation of the law on citizenship whether or not it reflects protection to citizenship status and anticipation of statelessness. Keywords : citizenship, human rights, recovery.

scholarly journals Illiberal Constitutionalism: The Case of Hungary and Poland

2019 ◽  
Vol 20 (8) ◽  
pp. 1140-1166
Author(s):  
Tímea Drinóczi ◽  
Agnieszka Bień-Kacała
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Constitutional Democracy ◽  
Constitutional Amendments ◽  
Distinctive Features ◽  
The Rule Of Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Constitutional Identity

AbstractThis Article argues that, as far as Hungary and Poland are concerned, the use of term “illiberal constitutionalism” is justified. It also claims that, without denying that other states could also be considered illiberal democracies, Hungary and Poland display unique and distinctive features. These features include populist politics, which lead to the relativization of the rule of law and democracy principles, and human rights protection, which captured the constitution and constitutionalism by constitutionalizing populist nationalism, constitutional identity, and created new patrionalism and clientelism. All these features are supported by the ideological indoctrination of political constitutionalism. In the course of this process, formal and informal constitutional amendments are used, and a formal sense of constitutional democracy is maintained. Overturning these illiberal democracies by constitutional and legal means, at this time, seems doubtful, if not impossible.

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 A kisebbségi jogvédelem nyelvezete: „az igazat mondd, ne csak a valódit”

2021 ◽  
Vol 3 (3) ◽  
pp. 65-70
Author(s):  
Csongor István Nagy
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Expressive Language ◽  
Minority Rights ◽  
Ethnic Discrimination ◽  
Language Minority ◽  
The Rule Of Law ◽  
Rights Protection ◽  
Rights Discourse ◽  
Human Rights Discourse

The paper proposes an alternative (complementary) narrative for minority rights protection, which is based on dissociation and expressive language. Minority rights protection, besides the traditionalist thinking, should endeavour to identify the buzzwords that are familiar to the rule-of-law and human rights discourse of the 21st century. This quest should have two aspects: dissociation from the (fake) sovereignty associations and articulation of ethnic discrimination.

European Court of Human Rights

2003 ◽  
Vol 40 ◽  
pp. 309-322 ◽  
Author(s):  
Luzius Wildhaber
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
International System ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Recent Developments ◽  
Protection Of Human Rights ◽  
Evolutionary Interpretation

SummaryThe aim of the European Court of Human Rights is to bring about a situation in which individuals are able to get effective guarantees of their rights within their national legal systems. With this in mind, the author reviews some of the recent developments in cases before the court relating to evolutionary interpretation of the provisions of the convention, the role of the separation of powers in ensuring the protection of freedoms under the Convention for the Protection of Human Rights and Fundamental Freedoms, and the notion of human dignity within the convention framework. The author also considers the growing case load before the court and the need for reform and concludes by pointing out that the European system is the most effective international system yet for securing human rights protection.

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