scholarly journals Analysis of European and national experience performance of police enforcement activities

2020 ◽  
pp. 328-332
Author(s):  
Yevhen Bakutin
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
State Institution ◽  
Legal Regulation ◽  
Essential Elements ◽  
The European Union ◽  
The Rule Of Law ◽  
Technological Advances ◽  
Systematic Improvement ◽  
European Values

The article reflects the experience of European countries, where much has been done to transform the police into an effective state institution, which enjoys the trust and respect of citizens. The basic organizational and legal foundations of the police - one of the oldest and inalienable components of world civilization, the conceptual justification of the reliable protection of individuals, society and the state from criminal attacks, the rule of law, public safety are considered. Formulating the purpose of the article. The use of technical means of fixing offenses is one of the essential elements of a highly developed society. At the same time, Ukraine is actively pursuing its foreign policy towards accession to the European Union. That is why the integration intentions of our state necessitate the systematic improvement of the use of technical means of fixing offenses. Resolving objections and conflicts requires the proper regulation of the procedure for bringing the offender to justice, which, in turn, requires comprehensive scientific studies of these problems. Technological advances have led to new challenges for human rights, as legal regulation tends to regulate existing legal relationships and does not account for the emergence of new forms. A striking example of this is the geometric progression of the use of technical means of fixing offenses by the police in compliance with public order. According to the analysis of the law enforcement practice of the use of technical means, quite often leads to strong objections between citizens and representatives of authorized state bodies, which need their resolution and resolution. This is especially the case for the use of technical means of fixing offenses for the purpose of counteracting offenses, and also when using these technical means as evidence. Police activity is one of the foundations for the promotion and development of pan-European values. However, in order for it to be effective, it is essential that the police respect human rights, the rule of law and the principles of democracy - otherwise these pan-European values will be threatened.

scholarly journals The Rule of Law Framework in the European Union: Its Rationale, Origins, Role and International Ramifications

2021 ◽  
pp. 305-331
Author(s):  
Artur Nowak-Far
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
International Legal Order ◽  
High Level ◽  
The Eu

AbstractAt present, the European rule of law enforcement framework under Article 7 TEU (RLF) is vulnerable to unguaranteed, discretionary influences of the Member States. This vulnerability arises from its procedural format which requires high thresholds in decision-making with the effect that this procedure is prone to be terminated by the EU Member States likely to be scrutinized under it, if only they collude. Yet, the Framework may prove effective to correct serious breaches against human rights (in the context of ineffective rule of law standards). The European Commission is bound to pursue the RLF effectiveness for the sake of achieving relative uniformity of application of EU law (at large), and making the European Union a credible actor and co-creator of international legal order. The RLF is an important tool for the maintenance of relative stability of human rights and the rule of law in the EU despite natural divergence propensity resulting from the procedural autonomy of the EU Member States. By achieving this stability, the EU achieves significant political weight in international dialogue concerning human rights and the rule of law and preserves a high level of its global credibility in this context. Thus, RLF increases the EU’s effectiveness in promoting the European model of their identification and enforcement.

scholarly journals Principles оf Regulatory Activity of Bodies State Authority

2021 ◽  
Vol 7 ◽  
pp. 52-60
Author(s):  
Zoya Pogorelova
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Rule Of Law ◽  
Fundamental Principle ◽  
Legal Regulation ◽  
Scientific Validity ◽  
Public Authorities ◽  
The Rule Of Law ◽  
The Government ◽  
Rule Making

The article, based on clarifying the content of related concepts of law-making, considers the principles of the rule-making activity as the power activity of public authorities. Such principles include the principles of humanism, democracy, the rule of law, human rights, and scientific validity of rule-making decisions, which necessitates the professionalism of rule-making activities, planning, systematics, complexity, timely revision and updating of legislation, and transparency. The content of these principles is revealed, their ranking is carried out, their importance for legal science and practice is emphasized, and the positions of scientists concerning their optimal list and characteristics are analyzed. In particular, attention is drawn to the fact that the principle of humanism is reflected in the fundamental values that underlie the constitutional order, the basis of the current law and human rights enshrined in the Constitution and laws of Ukraine: human dignity, the right to self-realization, justice and freedom, non-discrimination and equality before thelaw, tolerance, responsibility and respect for others. The principle of democracy, as a fundamental principle of rule-making, legitimizes the subjects of rule-making and creates a basis for their legal activities. The rule of law is also a fundamental principle of rule-making (including its components such as the principle of direct effect of the Constitution of Ukraine, the rule of the Constitution as the Basic Law, the principle of legality, legal certainty, the equality before the law and non-discrimination, and proportionality). It is emphasized that the principle of scientific validity of rule-making decisions necessitates professionalism of rule-making activities, and ensuring a high professional level of rule-makers makes it possible to carry out rule-making activities at a high scientific level, on a planned, systematic, comprehensive basis, the legal regulation of public relations, and the implementation of state functions. Aspects of the principle of publicity of normative activity of the Parliament, the Government, and the President of Ukraine are also analyzed.

scholarly journals RULE OF LAW AND LEGALITY AS PRINCIPLES OF NATIONAL POLICE ACTIVITY

2021 ◽  
pp. 45-53
Author(s):  
А. Т. Комзюк ◽  
Salmanova O. Yu.
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Police Officers ◽  
Legal Regulation ◽  
General Idea ◽  
The Rule Of Law ◽  
The Law ◽  
Definition Of ◽  
National Police ◽  
The Relationship

The article defines the relationship between the principles of the rule of law and legality and their importance in the activities of the National Police of Ukraine. Indicated, that the principle of the rule of law is enshrined in the Constitution of Ukraine, and in relation to the National Police – also in the Law on it. Attention is drawn to the fact that the definition of the rule of law in the Constitution and the Law of Ukraine «On the National Police» is interpreted differently. Therefore, in a generalized form, the principle of the rule of law is proposed to be interpreted as the idea of the rule of law, which is embodied in the creation of appropriate laws, their proper implementation, prohibition of arbitrariness, human rights, non-discrimination and equality before the law. It was emphasized that it was expedient to define this principle as a general idea in the Law “On the National Police”, as its other components cannot always be fulfilled in the activity of the police. In particular, the authorities and police officers cannot question the compliance of the law with the ideas of social justice, freedom, equality, etc. Nor can they, in the performance of their tasks and functions, be guided by norms of morality, traditions, customs, etc., and not by formally defined norms of law (ie laws). It is in the light of such reservations that it is proposed to define this principle. The police must implement it through certain requirements – legality, prohibition of arbitrariness, respect for human rights, non-discrimination and equality before the law. Therefore, legality is of paramount importance in the activity of the police – the police act exclusively on the basis, within the powers and in the manner determined by the Constitution and laws of Ukraine. In this regard, the proposals to improve the legal regulation of the rule of law and legality as principles of the National Police of Ukraine are substantiated.

Rules for serving administrative arrest: analysis of proposals to modern legislation

2021 ◽  
pp. 182-187
Author(s):  
M. Spivak
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Social Orientation ◽  
Detention Facility ◽  
The Rule Of Law ◽  
Facility Placement ◽  
Administrative Penalty ◽  
The Given

The analysis of the legislation on the application of administrative arrest was carried out. It is established that the position of the legislator comes down to the fact that administrative arrest is the most severe measure of administrative penalty, which is applied in exceptional cases. Appointed only by a court decision (judge) if, in the circumstances of the case, taking into account the identity of the offender, the judge concludes that the application of other types of penalties will be insufficient. The uniqueness of administrative arrest is manifested in the fact that it is established for committing administrative offenses with a special anti-social orientation. The statistics of application of administrative arrest by types of administrative offenses and also number of persons on whom the given penalty is imposed on regions of Ukraine are resulted. It is emphasized that in practice administrative arrest as a type of penalty is used very rarely, in some cases its application is complicated by the procedure of its imposition. Attention is focused on certain provisions of the Draft Law “On the rules of administrative arrest” on the introduction of the principles of administrative arrest; features of the legal status of arrested persons; the procedure for placing a person in a temporary detention facility; placement of persons subject to administrative arrest; rights and responsibilities of arrested persons. The expediency of amendments to the Code of Ukraine on Administrative Offenses is analyzed. In particular, parts two of Article 32 (Administrative arrest), parts one of Article 294 (Entry into force of a judge’s decision on an administrative offense and revision of the decision), Article 326 (Execution of a decision on administrative arrest and detention on guard duty). As well as additions to the Code by Article’s 326–1 (Petition for the imposition of the pretext and its consideration), 326–2 (Execution of the decision on the exercise of the pretext) and 328–1 (Petition for suspension of the term of administrative arrest and its consideration). The author of the article proposes to amend paragraph 2 of Article 6 of the Draft Law “On the Rules of Administrative Arrest”. Thus, adhere to the principle of non-discrimination enshrined in art. 3 of the draft law. According to the author, it would be logical, if there is an established procedure, to establish liability for violation of the rules and conditions of administrative arrest in the form of a separate provision to the Code of Ukraine on Administrative Offenses. The general conclusion is that the adoption of the Laws “On Rules of Administrative Arrest” and “On Amendments to the Code of Ukraine on Administrative Offenses in connection with the adoption of the Law of Ukraine “On Rules of Administrative Arrest”” will improve the legal regulation of application and administrative arrest, as a type of administrative penalty, to address a number of issues that exist in this area, which will ultimately contribute to the rule of law and respect for human rights in the application of the penalty.

The problem of non-implementation of judgements of the European Court of Human Rights in Ukraine in the context of the rule of law (methodological and comparanive aspects)

2021 ◽  
Vol 28 (2) ◽  
pp. 17-24
Author(s):  
Oleksandr V. Petryshyn ◽  
Oleh O. Petryshyn ◽  
Oleh S. Hyliaka
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Damage Control ◽  
Depth Resolution ◽  
Legal Regulation ◽  
Decision Makers ◽  
The Rule Of Law ◽  
European Court ◽  
International Obligations ◽  
Key Aspects

The article is devoted to the problem of non-implementation of the decisions of the ECtHR in Ukraine in the context of the rule of law. The relevance of the subject matter is substantiated by the critical situation regarding Ukraine's compliance with its international obligations. The objective of the study is to develop a set of principles and policies to be implemented in Ukraine to strengthen the rule of law (as a fundamental democratic institute), as an essential factor for ensuring human rights in the context of re-establishing a proper international cooperation with the key European institution in the field of human rights. According to the analysis of the degree of coverage of the issue, the existing papers on the mentioned problem are rather described by point-by-point recommendations aimed at “damage control”, rather than at an in-depth resolution of the situation. The methodological basis of the research consists of the complex of general and special research methods, while philosophical methods were used to ensure the understanding of the essence, characteristics, and features of the phenomena under study. The research resulted in the development of a set of theses that demonstrate the depth of the problem under study that manifests through untimely and inconsistent normative-legal regulation, lack of tangible means of protection of human rights in Ukraine, inappropriate approach to the adoption and execution of international obligations. The authors argue in favour of the need to ensure three key aspects of the implementation of the rule of law – guaranteeing consistency of state policies and actions of officials; the formation of a stable system of administrative management; accountability, and responsibility of decision-makers. The practical relevance of the study is manifested through a set of recommendations, including the creation of a system to assess the effectiveness of reforms in terms of the rule of law; the formation of a mechanism for implementing the responsibility of decision-makers; the revision of procedures for the adoption of legal acts; the need to restart and complete the reform of the justice system, to involve NGOs in the processes of forming such; to create rules of cooperation between the state and the elites

Conclusions on Good Governance

2019 ◽  
pp. 270-280
Author(s):  
Henk Addink
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal Theory ◽  
Good Governance ◽  
Building Blocks ◽  
Theory Approach ◽  
The European Union ◽  
Legal Concept ◽  
The Rule Of Law ◽  
The Right

Good governance is a legal concept and a cornerstone of the modern state and presented in the book as the third cornerstone of a modern stone (alongside the rule of law and democracy). We concluded in relation to the development of the concept of good governance in part I that principles of good governance can only be legal principles when they have been somehow codified legal effect. The good governance principles became more concrete by enumerating six groups of principles (properness, transparency, participation, effectiveness, accountability, and human rights) which are found in many documents of national, regional, and international context. From the legal theory approach on good governance we discussed the character of these principles. In part II we specified the principles of good governance and starting with the principle of properness, which has also been developed under the name of the principle of natural justice. The second, the principle of transparency, is connected to the principle of participation which both have roots in the concept of democracy. The principles of effectiveness and accountability both have a relationship to the institutional structure and functioning. The last principle is the human rights principle which is linked to the rule of law but also to democracy. Several principles of good governance were already developed in regulations and in codes which are the building blocks for the development of the right to good governance. The implementation of good governance and the comparison between countries were explained in Part III. After that, the regional level was discussed—the European Union and the Council of Europe were chosen as models as far as it was comparable. The last chapter was about the implementation on the international level.

scholarly journals The “Thick” Rule of Law and Mutual Trust in the European Union

2019 ◽  
Vol 18 (1) ◽  
pp. 1-17
Author(s):  
Juha Raitio
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
Judicial Review ◽  
Good Governance ◽  
Mutual Trust ◽  
The European Union ◽  
The Rule Of Law ◽  
Material Concept ◽  
The Eu

The concept of the rule of law has lately become a topical and controversial issue. For example, the existence of effective judicial review is an inseparable part of the rule of law and some problems in this respect have been analysed. This article advocates for a thick concept of the rule of law. This refers to the idea that the rule of law has both material and formal content. The controversial part seems to be the question of material content and whether it obscures the essential meaning of the rule of law as a requirement of legality. However, the material aspect of the rule of law can be linked to the value-base of the European Union. For example, during its EU Presidency, Finland strongly emphasized the significance of the value base and the rule of law in Article 2 teu for the development of the EU. Democracy, the rule of law, and the actualisation of fundamental and human rights in particular are connected together, combined in a trinity where all the components form preconditions for the others. This stance is not a novelty in Finland, since Jyränki, for one, two decades ago already maintained that human rights protect the individual’s position and thus belong to the sphere of the material concept of the rule of law. I have employed the metaphor of a musical triangle. A triangle can only make a sound if all three of its corners are connected to each other, thereby connecting the sides of the triangle. Observance of the core values of the EU is a precondition for mutual trust between Member States, which in turn is necessary for a well-functioning European Union and good governance.

scholarly journals La Unión Europea como unión de valores y derechos : teoría y realidad = The European Union as a union of fundamental values and rights : theory and reality

2014 ◽  
Vol 1 (33) ◽  
pp. 99
Author(s):  
Antonio Bar Cendón
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
Human Dignity ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Derechos Humanos ◽  
Fundamental Values

La UE se fundamenta en un conjunto de valores que son enunciados en el Art. 2 del TUE de manera explícita: el respeto de la dignidad humana, la libertad, la democracia, la igualdad, el Estado de Derecho y el respeto de los derechos humanos. Valores que el mismo precepto considera que son comunes a todos los Estados miembros. Hasta ahora, la protección de estos valores fundamentales se encuentra en el mecanismo previsto en el Art. 7 del TUE. La existencia de este mecanismo no ha logrado, sin embargo, evitar la vulneración de los valores fundamentales de la UE por parte de varios de sus Estados miembros. En este sentido, este trabajo propone la formulación de un nuevo mecanismo —«mecanismo de Copenhague»— que sea capaz de hacer un seguimiento permanente de la actuación de los Estados para evitar que se produzcan esas vulneraciones, pero que sea capaz también de imponer las sanciones más graves a las vulneraciones de estos valores fundamentales, incluida la expulsión de la UE.The UE is founded on a set of values which are mentioned in an explicit manner in Art. 2 of the TEU: respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. Values which the same article states that are common to the Member States. Until now, the protection of these fundamental values is based on the mechanism foreseen in Art. 7 of the TEU. The existence of this mechanism though has not prevented the violation of these fundamental values by several of the Member States from taking place. This is why this article proposes the establishing of a new mechanism - the «Copenhagen mechanism» - which would be able to monitor the performance of the Member States on a permanent basis in order to prevent the violations from taking place, but which would also be able to impose the most serious penalties to the most serious violations of these fundamental values, including the expulsion of the UE.

scholarly journals Independence of the Prosecution Service: European Approaches

2020 ◽  
Vol 25 (3) ◽  
pp. 87-97
Author(s):  
Anna Fiodorova ◽  
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Judicial Independence ◽  
Legal Regulation ◽  
Modern State ◽  
The European Union ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Social Interests ◽  
Criminal Matters

Nowadays, a modern state without the institution of prosecution could rarely be found. It is considered one of the crucial elements for the proper functioning of the system of justice and for the application of the rule of law through such functions as carrying out of pre-trial investigation and / or the prosecution in criminal matters, safeguarding social interests, and judicial independence. The objective of this article is to provide a brief reflection on the necessity and the content of the independence of the modern prosecutor’s office. The article is based on the policy tendencies used in the Council of Europe and the European Union and with the more profound analysis of the legal regulation of the Spanish prosecutor’s office and its conformity with these tendencies.

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