scholarly journals The problems of protecting the constitutional rights of citizens in the context of globalization and digitalization

2021 ◽  
Vol 2021 (4) ◽  
pp. 80-85
Author(s):  
Ilia Minnikes
Keyword(s):  
Scientific Community ◽  
Legal Protection ◽  
Constitutional Rights ◽  
Legal Institutions ◽  
Main Attention ◽  
Legal Doctrine

The article discusses the main approaches to the problem of legal protection of constitutional rights of citizens in Russian and foreign legal doctrine. Given the complexity and scope of this topic, the main attention is paid to such aspects as the protection of constitutional rights of citizens in the context of globalization and the protection of constitutional rights of citizens in the context of digitalization. It is argued that the processes of globalization and digitalization have posed a number of urgent issues to scientists, and the scientific community should be ready to resolve them. Based on the analysis, it is concluded that the processes of globalization and digitalization entail the weakening of national legal institutions, which is a serious threat to the constitutional rights of citizens.

scholarly journals The prospects of introducing the mechanisms of legislative regulation of mobbing in Ukraine

2019 ◽  
Vol 7 (9-10) ◽  
pp. 19-31
Author(s):  
Н. П. Костюк ◽  
Д. О. Скубченко
Keyword(s):  
Legal Protection ◽  
Point Of View ◽  
Constitutional Rights ◽  
Psychological Violence ◽  
Operation Performance ◽  
Social Challenges ◽  
Legislative Regulation ◽  
Psychological Pressure ◽  
Labour Legislation ◽  
Effective Use

The authors of the article have considered the notion of «mobbing» being a destructive element of a work collective performance, its causes and effects both for the employees and for the entire organization. It has been ascertained that this phenomenon is widespread in many countries of the world in particular in the developed ones that study this problem not only from the point of view of personnel management and psychology but take into account the legal estimation concerning the amount of responsibility of mobbers and bringing them to court for unlawful treatment of a particular person. It has been emphasized that the system of the legislative mechanisms of preventing mobbing and providing legal protection of employees and workers from this phenomenon in Ukraine in the conditions of the market relations development that requires the most effective use of the labour resources for enhancing the efficiency of an organization operation performance is to be improved. The experience of the developed European countries in the sphere of the legislative regulation of the psychological pressure in the workplace has been studied in comparison with the current Ukrainian labour legislation in question. It has been urged that the European experience in addressing mobbing in the workplace is to be adopted in the Ukrainian Euro integration processes. The most important factors of the psychological terror of employees and workers have been determined and the individuals who most often suffer from the psychological pressure have been characterized on the basis of statistical data.The judicial practice of settling the cases of mobbing in the workplace in Ukrainian courts have been analyzed. The ineffectiveness of the system of the legal protection of employees and workers as well as the need to improve it have been stressed. The authors have suggested the optimal ways of adapting Ukrainian labour legislation to such modern social challenges as the need to eliminate mobbing in the workplace and its effects which is the main direction in safeguarding the constitutional rights of employees and workers to a safe and healthy workplace environment stipulated by the Ukrainian legislation in force. The prospects of developing legislative regulation of the psychological violence have been paid attention to.

scholarly journals PROBLEMS OF PROTECTION AGAINST CORRUPTION IN THE HEALTHCARE SYSTEM

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 65-70
Author(s):  
E. V. Shirmanov ◽  
Keyword(s):  
Health Sector ◽  
Legal Protection ◽  
Criminal Code ◽  
Right To Health ◽  
Constitutional Rights ◽  
Quality Of Medical Care ◽  
The Subject ◽  
The Right ◽  
Normal Relationship

The Right to health protection is one of the most fundamental constitutional rights. It is subject to criminal legal protection. While the attacks on him appear not only in the form of crimes such as causing harm by negligence (part 2 of article 118 of the Russian Criminal Code), failure to assist a patient (article 124 of the Russian Criminal Code), etc., but also corruption crimes. Corruption threatens the normal relationship between doctor and patient, medical institution and patient, which reduces the quality of medical care. It threatens not only people’s property, but also their lives and health. Manifestations of corruption in health care are different, they are many, and they should all be taken into account in determining measures and means to combat this dangerous social phenomenon. The effectiveness of the fight against corruption in the health sector is largely due to the knowledge of its various manifestations. These problems are the subject of the proposed article

scholarly journals Protecting Sentient Artificial Intelligence: A Survey of Lay Intuitions on Standing, Personhood, and General Legal Protection

2021 ◽  
Vol 8 ◽  
Author(s):  
Eric Martínez ◽  
Christoph Winter
Keyword(s):  
Artificial Intelligence ◽  
United States ◽  
Intelligent Systems ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Doctrine ◽  
Legal Personhood ◽  
Political Differences ◽  
Near Future ◽  
Far Future

To what extent, if any, should the law protect sentient artificial intelligence (that is, AI that can feel pleasure or pain)? Here we surveyed United States adults (n = 1,061) on their views regarding granting 1) general legal protection, 2) legal personhood, and 3) standing to bring forth a lawsuit, with respect to sentient AI and eight other groups: humans in the jurisdiction, humans outside the jurisdiction, corporations, unions, non-human animals, the environment, humans living in the near future, and humans living in the far future. Roughly one-third of participants endorsed granting personhood and standing to sentient AI (assuming its existence) in at least some cases, the lowest of any group surveyed on, and rated the desired level of protection for sentient AI as lower than all groups other than corporations. We further investigated and observed political differences in responses; liberals were more likely to endorse legal protection and personhood for sentient AI than conservatives. Taken together, these results suggest that laypeople are not by-and-large in favor of granting legal protection to AI, and that the ordinary conception of legal status, similar to codified legal doctrine, is not based on a mere capacity to feel pleasure and pain. At the same time, the observed political differences suggest that previous literature regarding political differences in empathy and moral circle expansion apply to artificially intelligent systems and extend partially, though not entirely, to legal consideration, as well.

Disclosure of Medical Data to Relatives after the Patient’s Death: Recent Legal Developments with Respect to Relatives’ Entitlements in The Netherlands.

2011 ◽  
Vol 18 (3) ◽  
pp. 255-275
Author(s):  
L.M.H. Bongers
Keyword(s):  
The Netherlands ◽  
Medical Records ◽  
Self Regulation ◽  
Legal Protection ◽  
Case Law ◽  
Medical Data ◽  
Legal Doctrine ◽  
Patients Rights ◽  
Legitimate Interest ◽  
Right Of Access

AbstractIn the Netherlands the physician is still bound to professional confidentiality after the patient’s death. However, in the legal doctrine and in case law some exceptions have been recognized, especially for circumstances where the relatives have a legitimate interest in the inspection of medical records of the deceased. Today developments as regards the Dutch proposal to new legislation on patients’ rights, notably the proposed insertion of a provision stipulating the conditions under which the relatives have a right of access to medical records of the deceased, give cause for renewed consideration of this issue related to legal protection after death. This article explores whether the proposed provision corresponds to the prevailing principles regarding disclosure of medical data after death. It is concluded that there is a need to reconsider the provision’s wording or to adhere to self-regulation of the Royal Dutch Medical Association in order to strike an appropriate balance between the various interests concerned.

scholarly journals POLITIK HUKUM PERUNDANG-UNDANGAN TERHADAP ANAK LUAR NIKAH

2021 ◽  
Vol 1 (2) ◽  
pp. 114-126
Author(s):  
Muammar Rachman
Keyword(s):  
Judicial Review ◽  
Islamic Law ◽  
Legal Protection ◽  
Research Problem ◽  
Research Approach ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Marriage Law ◽  
The Public ◽  
The Status

The formation of the 1974 Marriage Law is based on Islamic Law, which became a problem when the Constitutional Court gave a decision on the judicial review of the Marriage Law with a decision that was considered by the public that the decision was against Islamic law. The research problem in this article is, How is the Politics of Law in the Reform of Legislation in the Post-Constitutional Court Ruling on Marriage related to the status of children outside of marriage? Does the Constitutional Court Decision No 46 / PUU-VII / 2010 contradict Islamic law?The research approach used in this research is normative juridical. The results of the study indicate that children who are born must receive legal protection. If this is not the case, then the children who are born outside of marriage will suffer losses. The relationship between the child and the father does not only occur because of a legal marriage, but can also be based on evidence of a blood relationship between the child and the boy as the father. This is because birth is a legal result of a legal relationship in which there are reciprocal rights and obligations between the child, mother and father. This decision refers, because there is a relationship that is carried out without any legal conditions for marriage, both religiously and in a state, so that it does not cause harm which implies a child who has not done anything wrong. In conclusion, the Constitutional Court granted the renewal of the norm in article 43 of the Marriage Law No. 1 of 1974, which is to provide constitutional rights for children born out of wedlock whether born from a legally valid marriage or not. The decision of the Constitutional Court related to the addition of article 43 paragraph (1) of this marriage law is still in the spirit of Islam as the struggle of Muslims to be able to apply their religious values in this law is not only legally religiously or nationally. Abstrak Pembentukan Undang-Undang (UU) Perkawinan Tahun 1974 berdasarkan Hukum Islam, menjadi permasalahan saat Mahkamah Konstitusi (MK) memutuskan judicial review atas UU perkawinan, bagi masyarakat bertentangan dengan hukum Islam. Permasalahan penelitian ini,  Bagaimana Politik Hukum dalam Pembaharuan Peraturan Perundang-Undangan dalam UU Perkawinan Pasca Putusan MK terkait dengan status anak diluar nikah? Apakah Putusan MK No 46/PUU-VII/2010 bertentangan dengan hukum Islam? Pendekatan penelitian ini yuridis normatif. Hasil penelitian menguraikan, anak yang lahir harus mendapat perlindungan hukum. Jika tidak, yang dirugikan adalah anak yang dilahirkan diluar perkawinan. hubungan anak dengan bapak tidak semata-mata terjadi karena adanya sebuah perkawinan yang sah, tapi berdasar pembuktian adanya hubungan darah antara anak dan laki-laki sebagai bapak. Hal ini karena kelahiran adalah akibat hukum dari hubungan hukum yang terdapat hak dan kewajiban secara timbal balik. Putusan ini mengacu, sebab adanya hubungan yang dilakukan tanpa adanya syarat pernikahan yang sah, baik secara agamadan negara, sehingga tidak menimbulkan kerugian yang berimplikasi pada anak yang tidak melakukan kesalahan. Pembaharuan norma dalam pasal 43 UU  Perkawinan No. 1 Tahun 1974, memberikan hak konstitusional  anak yang dilahirkan di luar nikah baik yang lahir dari pernikahan yang sah secara agama atau tidak. Putusan MK terkait penambahan pasal 43 ayat (1) UU perkawinan masih bernafaskan Islam sesuai perjuangan ummat Islam untuk dapat menjalankan nilai-nilai agamanya dalam UU ini hannya tidak sah secara agama  dan Negara.

scholarly journals Constitutional identity and institutional autonomy of state

2021 ◽  
Vol 17 (2) ◽  
pp. 33-41
Author(s):  
K. V. Karpenko
Keyword(s):  
Comparative Method ◽  
Legal Protection ◽  
Legal Regulation ◽  
Legal Order ◽  
Constitutional Courts ◽  
Legal Doctrine ◽  
Public And Private ◽  
Private Interests ◽  
Historical Continuity ◽  
Constitutional Identity

Introduction. The article deals with the phenomenon of constitutional identity, which allows strengthening the protection of constitution. The author shows, that the constitutional courts are the creators of the constitutional identity all around the world. That is why its principles may be called «praetorian law», as a reference to Roman judicial practice. The principles of constitutional identity form by themselves a core of constitutional provisions, which guarantee historical continuity and durability of any legal order. A nation can use them to preserve its existence in a legal reality. Constitutional identity creates a subordination of norms in the constitutional text. The most important of them are on the top. Such a vertical system gives to the Constitutional courts a useful criterion for balancing different interests in a society. This criterion is fair enough, because it is stipulated by the constitution itself.Materials and methods. The materials for the study include the constitutions of states, whose content is related to the problem discussed, decisions of constitutional courts and the legal positions expressed in them, as well as the conclusions of the constitutional and legal doctrine. The study uses the comparative method, which makes it possible to compare homogeneous legal phenomena, the systemic method, with the help of which constitutional identity is considered as an integral part of the mechanism of legal regulation, the dogmatic method that reveals the legal nature of the subject under study, as well as the dialectical method, which gives a holistic idea of subject of research.Results. Constitutional identity, which determines the hierarchy of constitutional norms and values, characterizes a state, emphasizing its differences from others. Constitutional identity should be unchanged over time and free from ongoing changes to the constitutional text. Then it allows identifying the permanent features of a particular legal order and the state as a whole. Consequently, the principles of constitutional identity preserve the historical heritage of the people, the patterns of its development and a certain predictability of the future. Thus, constitutional identity ensures the continuity of different historical periods.Discussion and conclusions. According to the author, the application of the principles of constitutional identity can give the current legal order an internal structure, reflected in the text of the Basic Law. At the same time, constitutional norms build a hierarchy that can reflect the hierarchy of significant values. The presence of such a hierarchy expands the possibilities of legal protection of the constitution, since the constitutional courts have a criterion for «weighing» public and private interests.

scholarly journals THE LEGAL PROTECTION FOR TRANSPORT PASSENGERS DURING THE COVID-19 PANDEMIC

2021 ◽  
Vol 8 (2) ◽  
pp. 232
Author(s):  
Retno Hadiningtyas
Keyword(s):  
Legal Protection ◽  
Legal Research ◽  
Main Attention ◽  
Industrial Growth ◽  
Transportation Services ◽  
The Public ◽  
Mode Of Transportation ◽  
The Government ◽  
Government Rules ◽  
High Level

Transportation as a means of supporting economic development and community development and industrial growth needs to get the main attention when conditions enter the New Normal Era because Indonesia is still experiencing a high level of spread where the mode of transportation used by many people can be a medium of spreading the COVID-19 virus. The purpose of this research is to provide legal protection to passengers by the carrier as an effort to care about the safety, comfort, safety of passengers as users of transportation services that the carrier must protect by adjusting existing regulations and in its implementation required supervision from the Government and the public. This research is normative legal research that uses a legislative approach and is sourced from primary legal materials. The data was collected by studying libraries sourced from primary, secondary, and non-legal legal materials. The research results prove that the legal protection of passengers by the carrier can run well if the passengers consciously adhere to the Health Protocol and comply with government rules as a form of effort to maintain all transportation elements with all activities. So these efforts have an impact on preventing the spread of the COVID-19 virus that is increasing in Indonesia.

scholarly journals PERAN PELAKSANA PENYULUHAN HUKUM KANTOR WILAYAH KEMENTERIAN HUKUM DAN HAM BANTEN DALAM SOSIALISASI BANTUAN HUKUM GRATIS BAGI MASYARAKAT TIDAK MAMPU

2020 ◽  
Vol 3 (1) ◽  
pp. 1-15
Author(s):  
Anton Aulawi ◽  
Ratu Mimi Darniasih
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Constitutional Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
State Budget ◽  
Regional Office ◽  
The Poor ◽  
Rule Number

The purpose of this research was to determine the role of Legal Counselors in the Regional Office of the Banten Ministry of Law and Human Rights in the socialization of free legal aid for the poor. In this research the authors use a methodology with a qualitative approach. In the research to be conducted, researchers will use three data collection techniques, by interview, observation, and documentation. The results of this research are that legal aid regulated by Rule Number 16 of 2011 years concerning Legal Aid, is the state's obligation to provide the rights of every citizen to get legal protection and human rights, especially for the poor. The provision of legal aid as a state obligation to implement the constitutional rights of the poor is to provide funding to legal aid organizations with the State Budget. The state is present to provide legal assistance, one of which is by means of the Regional Office of the Ministry of Law and Human Rights Banten. The method of socialization about free legal assistance to the poor is done by legal counseling activities with direct and indirect methods; firstly, legal counseling is carried out solely by law enforcement officers from the Regional Office of the Ministry of Law and Human Rights Banten. Secondly, legal counseling is carried out by accredited legal aid organizations but with budgets derived from legal aid funds from the state  with the authority of budget users from the Ministry of Law and Human Rights.

scholarly journals PERLINDUNGAN HUKUM BAGI PEMEGANG SERTIFIKAT HAK MILIK ATAS TANAH DALAM KETENTUAN PASAL 32 AYAT (2) PP No. 24 TAHUN 1997

2014 ◽  
Vol 3 (1) ◽  
Author(s):  
Putu Ade Harriestha Martana
Keyword(s):  
Government Regulation ◽  
Legal Protection ◽  
Land Ownership ◽  
Material Research ◽  
Legal Certainty ◽  
Legal Doctrine ◽  
Registration System ◽  
Land Registration ◽  
Normative Basis ◽  
Legal Concepts

The title of this study is “legal protection for land ownership right certificate holder according to Article 32 clause (2) Government Regulation Number 24 Year 1997”. There is a contradiction between the negative publication system which is adopted in Indonesian land registration system and the indefeasable title that is given after the certificate is published for more than five years according to Article 32 clause (2) Government Regulation Number 24 Year 1997 about Land Registration. Therefore some issues are occured, which is the legal certainty and legal protection of the land ownership right certificate holder after the five years period according to Article 32 clause (2) Government Regulation Number 24 Year 1997. The research method used in this study is normative legal research focusing on investigation of legislature as the primary legal material and supported with the legal doctrine as secondary legal material. The approaching methods used is legal concepts approach and statute approach. From the legal material research can be concluded that in normative basis the aim of article 32 clause (2) Government Regulation Number 24 year 1997 is to give a legal protection and legal certainty, but in the process the article  is contradictory to the negative publication system and the clauses in the article itself is contradictory, therefore it does not give adequate legal protection and legal certainty for the holder of the land ownership right certificate after the five years period.

scholarly journals Of Ebbs and Flows: Understanding the Legal Consequences of Granting Personhood to Natural Entities in India

2021 ◽  
pp. 1-26
Author(s):  
Stellina Jolly ◽  
K.S. Roshan Menon
Keyword(s):  
Environmental Protection ◽  
Paradigm Shift ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Human Beings ◽  
Legal Personality ◽  
Environmental Commitment ◽  
Natural Entities ◽  
Legal Consequences

Abstract A study of the rights regime for environmental protection in India indicates that such protections overlap with constitutional rights guaranteed primarily to citizens or persons under the law. Contemporary jurisprudence has aggressively developed this intersectionality, declaring natural entities to be living persons with fundamental rights analogous to those of human beings. This article explores the role played by two judgments delivered by the Uttarakhand High Court – Mohammed Salim v. State of Uttarakhand and Lalit Miglani v. State of Uttarakhand – in the establishment of an effective framework for environmental protection. This is effectuated in both cases by assigning legal personality to rivers and articulating a conceptual shift from the human-centric approach. Accounting for the socio-cultural and spiritual relationships that have received legal protection, this article critically analyzes the judgments, their rationale and contributions to environmental protection. As the judgments articulate a paradigm shift in environmental protection, their effectiveness is best assessed through analyzing the frameworks created for their implementation. While the pronouncement of the Indian courts on the legal personality of rivers is an encouraging paradigm shift in environmental commitment, establishing the rights of nature was undertaken without due attention to the complexities that characterize the Indian socio-politico-religious context and to the legal consequences of bestowing vaguely contoured rights upon natural entities.

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