scholarly journals THEORETICAL AND LEGAL ASPECTS OF THE EVOLUTION OF HUMAN RIGHTS IN THE CONTEXT OF DIGITALIZATION AND THE INTRODUCTION OF ARTIFICIAL INTELLIGENCE TECHNOLOGY

2021 ◽  
Vol 31 (4) ◽  
pp. 662-668
Author(s):  
G.G. Kamalova
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Digital Era ◽  
Foreign Countries ◽  
Artificial Intelligence Technology ◽  
The Subject ◽  
The Right ◽  
Further Development

The article discusses the issues of further development of the human rights system in the context of digital transformation and modern scientific and technological progress. It is noted that at present there is an evolution of human rights, the peculiarities of their implementation, the formation of new ones. The right to access the Internet has been recognized in a number of foreign countries. In Russia, digital rights, the "right to oblivion" and other rights have been legally enshrined. It is proved that at present there is a transition to the next level of both understanding of recognized rights and freedoms, the peculiarities of their implementation, and the formation of new rights that are unthinkable in the so-called pre-digital era. As the most significant factor in the evolution of human rights, the introduction of artificial intelligence systems and biotechnologies is highlighted, which will change not only society and the state, but also the daily life of a person and his essence, which will require the modernization of the conceptual established provisions of law, including the understanding of the subject who possesses them. Modernity allows us to state the accomplished symbiosis of man and technology, which is increasingly called a cyborg in law. At the same time, it should be recognized that the legal aspects of cyborgization are still poorly studied. The experience of legal regulation of relations connected with the introduction of digital technological solutions into the human body is not enough. The author believes that the preliminary regulation in this area should be to a certain extent ahead of the curve, and without a scientific understanding of the emerging legal problems, it is difficult to develop a balanced legal regulation.

scholarly journals Legal aspects of the system of organization of public administration of the territories in the Russian Federation

2020 ◽  
pp. 26-38
Author(s):  
Marina Afanas'evna Lapina
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Norms ◽  
Territorial Unit ◽  
The Subject ◽  
The Russian Federation ◽  
Further Development ◽  
Municipal Level

The subject of this research is the legal norms of the Constitution of the Russian Federation, as well as laws and bylaws regulating the system of organization of state and municipal administration of the territories of the Russian Federation with their further development. A substantial place within legal regulation is allocated to the Strategy of Spatial Development of the Russian Federation until 2025, passed in 2019. The article elucidates the problems of organization of public administration of the newly created territorial units – spatial agglomerations. The goal consists in presenting the analysis of the correspondence of legislation in the area of organization of public administration of the newly created administrative-territorial units based on economic priorities. The novelty of this research consists in the proposed strategy of scientifically substantiated recommendations on legislative regulation of public administration of the territories of the Russian Federation, with consideration of newly created territorial units – spatial agglomerations. The conclusion is made on the need to develop a single system of optimal legal regimes per specific territorial unit, representing certain type of agglomeration of supraregional, regional and/or municipal level in different variations.

scholarly journals Restitution of agricultural land in Serbia: Comparative legal aspects

2020 ◽  
Vol 67 (4) ◽  
pp. 1353-1366
Author(s):  
Ljiljana Rajnović ◽  
Snežana Cico ◽  
Zoran Brljak
Keyword(s):  
Human Rights ◽  
Agricultural Land ◽  
Private Property ◽  
Transition Process ◽  
Legal Aspects ◽  
The State ◽  
State Sector ◽  
The Subject ◽  
The Republic ◽  
The Right

The idea of returning the confiscated property to the previous owners in the Republic of Serbia arose as a process that included all the countries of Eastern Europe and other countries of the former Communist system in which mostly state property existed. Restitution is part of the transition process, which implies comprehensive changes in the state, including privatization of the state sector and market operations on the principles of private property, but also as a need to correct the injustice done to former owners of confiscated property. According to Serbian legislation, restitution is obligatory, but in practice it is very difficult and slow to realize, even though this process realizes one of the basic human rights of citizens described in the UN Universal Declaration of Human Rights - the right to free enjoyment of private property. In this paper, the authors analyze the possibilities of returning agricultural land, legal regulations and implemented solutions in practice, on the example of a unit of local self-government, on whose territory there is a state land fund that can be the subject of return.

scholarly journals ON A PROSECUTOR AS A SUBJECT OF PROVING ON PRE-TRIAL STAGES OF A NATIONAL CRIMINAL PROCEDURE

2020 ◽  
Vol 12 ◽  
pp. 27-30
Author(s):  
Aleksey A. Zakharyan ◽  
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Scientific Methods ◽  
Foreign Countries ◽  
The Subject ◽  
Forensic Tools ◽  
The Right

The participation of the prosecutor in the criminal process covers both his judicial and pre-trial stages. It is well known that the prosecutor in the Russian criminal process acts as the subject of evidence, not only as the state prosecutor, but mainly as the person conducting the criminal process or observing (supervising) his proceedings in the pre-trial stages of criminal proceedings. In the doctrine of the Russian criminal process, starting with the Charter of the Criminal Procedure of 1864 and up to and including the modern Code of Criminal Procedure of 2001, the prosecutor, to one degree or another, acted as a full-fledged subject of evidence in the preliminary investigation. In the current legal regulation of the prosecutor, despite a number of sign if I can t deformations of his procedural status, it can be attributed to full-fledged subjects of evidence. After the well-known reform of June 5, 2007, which significantly affected the procedural status of the prosecutor at the pre-trial stages of the criminal process, the prosecutor, in the opinion of many well-known procedural scientists (the positions will be given in the presentation of the material), ceased to be a full-fledged subject of proof, since the participation of the prosecutor in evidence is associated with the availability of authority to collect, verify and evaluate evidence. The Russian prosecutor is deprived of forensic tools, he does not have the right to independently collect evidence by carrying out investigative actions, and in relation to the investigation he is deprived of even the authority to give the investigator binding instructions on collecting and verify in evidence. Based on the objectives of the study, the author assesses the content of the powers of the prosecutor as the subject of evidence in the pretrial stages of Russian criminal proceedings When writing the article, the author used general scientific methods (analysis, induction, deduction and others and private scientific methods (formal logical, comparative, legal). Based on analysis of the latest trend since forming the pre-trial stages of the criminal process of foreign countries, it is proposed to clarify the procedural status of the prosecutor in pre-trial proceedings.

NATIONAL AND INTERNATIONAL STANDARTS OF RIGHT TO PEACEFUL ASSEMBLY

2017 ◽  
Author(s):  
Alexander Kushnirenko ◽  
◽  
Alisа Aliyeva ◽  
Roman Michkivskyi ◽  
Varvara Stoyanova ◽  
...  
Keyword(s):  
International Law ◽  
Scientific Work ◽  
Legal Regulation ◽  
Current Status ◽  
European Court ◽  
Foreign Countries ◽  
The Subject ◽  
Constitutional Right ◽  
The Right ◽  
International Instruments

The article is devoted to problems of legal regulation and implementing the constitutional right of citizens to peaceful assembly in Ukraine. The authors represent the approaches of different scholars and international and national practices of realization citizens` right to peaceful assembly and summing up the results the authoors offer options for improving and optimization legislation on peaceful assembly. On the basis of international experience in regulating this institution in foreign countries, Ukraine has the opportunity to legislate and regulate the right to peaceful assembly, taking into account the provisions of the fundamental international instruments, which reflect the subject matter of this scientific work The authors' article analysed the current status of the constitutional and legal establishment of the right to peaceful assembly in Ukraine. The ways in which citizens exercise the right to peaceful assembly and the possibilities for the State to restrict this right to peaceful assembly in the interests of national security and public order in international practice have been studied. Much attention is given to the international legal regulation of the right to peaceful assembly, in particular the main international instruments which can be considered as sources of the formation of the law of this important legal institution through the prism of heavy and soft international law. The practice of settling disputes on the right to peaceful assembly by international judicial institutions, in particular the European Court of Human Rights, has also been examined.

scholarly journals RESEARCH ISSUES OF SOCIAL AND LEGAL ASPECTS OF THE CONSTRUCTION OF RELIGIOUS SITES IN RUSSIA

2021 ◽  
Vol 10 (34) ◽  
Author(s):  
T.V BERNYUKEVICH ◽  
Keyword(s):  
Urban Environment ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Right To The City ◽  
Research Issues ◽  
Religious Buildings ◽  
The Subject ◽  
The Right ◽  
The City

The article presents an analysis of research on the issues of studying the social and legal aspects of the construction of religious sites in Russia. The following groups of works on this issue have been identified: 1) historical and cultural, social and philosophical, and philosophical and cultural studies that focus on the connection of religious construction with the history of culture, social transformations, forms and strategies of management; 2) publications, the subject of which is the peculiarities of the formation of the legal basis for the construction of religious objects in Russia; 3) studies that examine the construction of religious buildings in the context of correlating the prospects for the development of Russian legislation and the tasks of improving the urban environment; 4) works that determine trends in the development of social concepts of urban planning, including the construction of religious buildings; 5) publications related to specific issues of legal regulation of the religious use of land and the construction of religious buildings. The article examines works, the subject of which is both the problem of finding the theoretical foundations for the development of this area of law, and the issues of the practice of law enforcement in solving the problems of the religious building’s construction in Russia. The right to the city concept (H. Lefebvre, D. Harvey) can serve as a theoretical basis for the formation of the urban environment, the development of social relations in the city, prevention and overcoming of urban conflicts. It can be implemented during reception in the legal sphere, what requires to determine the essence of the right to the city within the framework of jurisprudence, to specify the subjects of this law, to develop ways of legislative consolidation and enforcement mechanisms.

scholarly journals Legal Regulation of Robots and Artificial Intelligence in Latin America, the Problem of Human Rights and AI

Lex Russica ◽  
2020 ◽  
pp. 127-136
Author(s):  
A. Zh. Stepanyan ◽  
T. S. Zaplatina
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Latin America ◽  
Legal Status ◽  
Human Person ◽  
Legal Regulation ◽  
Human Intelligence ◽  
Legal Personality ◽  
Ethical Conflicts ◽  
The Right

We are currently experiencing a new revolution, which is related to the Internet, nanotechnology, biotechnology and robotics. Artificial intelligence is based on intelligent algorithms or learning algorithms similar to human intelligence, technologies make it possible for computer systems to acquire independence, self-adaptive reconfiguration. The greater the autonomy of AI, robots, and androids, the less they depend on manufacturers, owners, and users.The fact that the new generation of robots will coexist with humans should be taken into account in legislation, it should adapt and regulate issues of great legal significance, namely: who takes responsibility for the actions or inaction of intelligent robots? What is their legal status? Should they have a special regime of rights and obligations? How to resolve ethical conflicts related to their behavior?The analysis of legislation and doctrine in Latin America has revealed some trends in the use of AI.1. The use of AI in various spheres of public life causes legal problems in terms of guaranteeing human rights, as evidenced by the analysis of the constitutions of Brazil, Mexico and Argentina. For example, article 8 of the American Convention on Human Rights states: "Everyone has the right to have his case heard, with appropriate guarantees and within a reasonable period of time, before a competent, independent and impartial court convened in advance by law in support of any criminal charge brought against him or to determine his rights or obligations of a civil, labour, financial or any other nature."2. The similarity of AI and human intelligence raises the question of legal personality of AI, granting AI rights. The civil and commercial code of Argentina departs from the category of "human person" and establishes the term "legal persons": "all persons to whom the legal system grants the ability to acquire rights are legal persons for the purpose of fulfilling their purpose and obligations".The line between things and people is becoming more blurred, technology and a more sensitive view of other living beings lead to doubt whether man is the sole subject of law.

The Attitude of the Orthodox Parishioners Toward Euthanasia: Evidence From Georgia

2018 ◽  
Vol 39 (2) ◽  
pp. 101-107 ◽  
Author(s):  
Tengiz Verulava ◽  
Mariam Mamulashvili ◽  
Iago Kachkachishvili ◽  
Revaz Jorbenadze
Keyword(s):  
Human Rights ◽  
Ethical Issues ◽  
Public Awareness ◽  
Terminally Ill ◽  
Legal Aspects ◽  
Orthodox Church ◽  
Medical Terms ◽  
The Subject ◽  
The Right ◽  
The Church

Background The right of euthanasia is the subject of worldwide discussion today, as it is one of the most controversial medical, religious, political, or ethical issues. This study aims to survey the attitudes of Orthodox parishioners toward the euthanasia. Methods: Within the quantitative study, the survey was conducted through a semistructured questionnaire. Respondents were the parishioners of the Orthodox Church. Within the qualitative study, the survey of the experts of the Orthodox Church, in particular the clergy, was conducted. During the survey of the experts, we used the snowball method. Results The majority of respondents (81%) were aware of euthanasia. The dominant opinion is that euthanasia is “ the consent to life termination during the illness, when there is no way out and recovery is impossible” or “ a terminally ill person voluntarily decides to end life painlessly.” Those who disagree with euthanasia rely on the religious factors (why the church prohibits it). Those who agree with euthanasia action argue the legitimate human rights and free will of person. Most of the respondents (86%) have not heard about euthanasia practices in Georgia. Most of the respondents (71%) knew that the Orthodox Church prohibits euthanasia; 39% of the respondents believe that euthanasia is justified in medical terms. Conclusion It is advisable to raise public awareness on euthanasia in religious, medical, cultural, social, and legal aspects.

scholarly journals International legal regulation of somatic human rights

2021 ◽  
pp. 62-67
Author(s):  
Ivanna Maryniv ◽  
Anastasiya Yarmak
Keyword(s):  
Human Rights ◽  
Applied Ethics ◽  
Legal Regulation ◽  
Legal Aspects ◽  
European Convention ◽  
European Court ◽  
Protection Of Human Rights ◽  
Bioethical Issues ◽  
The Right ◽  
Human Rights Standards

A problem statement. The development of biology and medicine has led to the formation of a new philosophical discipline and section of applied ethics - bioethics. In the legal field, this development can be traced to the emergence of a new group of human rights - somatic rights, relating to the human authority to dispose of his body intervention. The author`s aim is to analyze international legal acts that directly or indirectly relate to the legal regulation of somatic rights, as well as, the practice of protection of such rights in the European Court of Human Rights. Аnalysis of research and publications. Bioethical issues are increasingly attracting the attention of authors working in various fields of scientific knowledge, among them Ę J. Sudo, Di Bernardo J., Ramon L. Lucas, E. Zgrechcha, B. Yudin, A. Ivanyushkin, M. Chashchin, O. Lishchynska-Mylyan, S. Pustovit, I. Boyko and others. P. Witte, S. Stetsenko, I. Senyuta, R. Grevtsova, M. Medvedev, A. Abashidze, A. Solntsev, E. Tarasyants. In other way, Sedova, A. Ovsyuk, P. Tishchenko, G. Tereshkevich, O. Kashintseva explore the legal problems of bioethics, in particular, their international legal aspects. The main text. The article examines how bioethical, biomedical and somatic rights are enshrined in the Council of Europe Convention for the Protection of Human Rights and Dignity in the Use of Biological and Medical Achievements 1997: the Convention on Human Rights and Biomedicine (Oviedo Convention). The case law of the European Court of Human Rights examines the main groups of violated rights of applicants, which are indirectly related to the protection of bioethical, biomedical and somatic rights, namely: violations of reproductive human rights (right to legal abortion, right to give birth at home), violation of consent to medical examination or treatment, violation of the rights of HIV-infected / serious diseases. Two main features of the introduction of bioethical standards in lawmaking are considered: ensuring a balance of interests (holism against individualism) and the application of the precautionary principle as one of the ethical principles. Conclusions. Despite the fact that the right to health refers to international human rights standards, the implementation of which is carried out at both national and international levels, at present, neither at the universal level nor at the regional level. levels do not create specialized international legal mechanisms for the protection of biomedical rights. In most cases, these rights are protected by recourse to the European Court of Human Rights for finding violations of the relevant articles of the European Convention on Human Rights and Fundamental Freedoms: the right to life, the prohibition of torture, and privacy.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

Does the Injunction Gap Violate Implementers’ Fair Trial Rights Under the ECHR?

2020 ◽  
Author(s):  
Léon E Dijkman
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
European Convention ◽  
The Past ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Federal Supreme ◽  
Validity Of A Patent

Abstract Germany is one of few jurisdictions with a bifurcated patent system, under which infringement and validity of a patent are established in separate proceedings. Because validity proceedings normally take longer to conclude, it can occur that remedies for infringement are imposed before a decision on the patent’s validity is available. This phenomenon is colloquially known as the ‘injunction gap’ and has been the subject of increasing criticism over the past years. In this article, I examine the injunction gap from the perspective of the right to a fair trial enshrined in Art. 6 of the European Convention on Human Rights. I find that the case law of the European Court of Human Rights interpreting this provision supports criticism of the injunction gap, because imposing infringement remedies with potentially far-reaching consequences before the validity of a patent has been established by a court of law arguably violates defendants’ right to be heard. Such reliance on the patent office’s grant decision is no longer warranted in the light of contemporary invalidation rates. I conclude that the proliferation of the injunction gap should be curbed by an approach to a stay of proceedings which is in line with the test for stays as formulated by Germany’s Federal Supreme Court. Under this test, courts should stay infringement proceedings until the Federal Patent Court or the EPO’s Board of Appeal have ruled on the validity of a patent whenever it is more likely than not that it will be invalidated.

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