scholarly journals Principle of Equality in Decisions of the Constitutional Court of Ukraine

2020 ◽  
pp. 45-58
Author(s):  
Мariana АNDRYTS
Keyword(s):  
Civil Rights ◽  
Public Space ◽  
Social Life ◽  
Legal Regulation ◽  
Legal Rights ◽  
Labor Rights ◽  
Constitutional Court ◽  
Judicial Process ◽  
Substantive Content ◽  
The Right

The article analyzes the implementation of the principle of equality in the constitutional legal proceedings of Ukraine nowadays. It has been established that this principle is reflected in the decisions of the Constitutional Court of Ukraine: 1) equality of citizens before the law, which does not exclude differentiation of legal regulation, is guaranteed by the prohibition of «negative discrimination» and is not absolute in scope; 2) equality of everyone (i.e. citizens of Ukraine, foreigners, stateless persons) before the court, including equality of all participants of the judicial process; 3) equality of citizens in duties, which means their equal subordination to the laws of Ukraine; 4) equality (equal significance) of rights and freedoms, the manifestation of which is the equality of material and procedural rights, the equality of positive and negative rights. On the basis of the analysis of the decisions of the Constitutional Court of Ukraine, a number of «ontological factors» that determine the principle of equality and are considered methodologically important for legal characterization, have been identified. The first of the proposed factors is the sphere of social life, i.e. the part of the public space that has become «discriminatorily vulnerable», and in light of this the legal positions of the Constitutional Court of Ukraine in respect of the principle of equality in the sphere of realization of electoral rights, labor rights, property rights etc. have been systematized. The second factor can be considered the peculiarities (nature) of legal rights that are «in the area of discriminatory risk», which affects the functions of certain legal means of ensuring equality, in particular, the functions of the so-called legislative qualifications. A third reviewed factor is the relationship between human and civil rights. The dependence of the content and scope of the principle of equality on the joint realization of the right to education and the right to free development of one’s personality; the right to housing and freedom of movement and free choice of place of residence. The fourth factor of the substantive content of the principle of equality is the criteria of differentiation of legal regulation, namely, «appropriateness» (economic, political, social), «justifiability in a democratic society» and «relevance». The fifth factor is associated with the specificity of guarantees of ensuring the principle under consideration, among which — «accessibility», «free-of-charge» basis of education and health care. As the sixth factor, the correlation of the principle of equality with other principles of law, in particular, with the principles of justice, freedom, presumption of innocence and inadmissibility to hold a person responsible for refusing to testify against him/her, has been substantiated. Keywords: rule of law, legal principles, human rights and freedoms, The Constitutional Court of Ukraine, principle of equality.

scholarly journals Constitutional Complaint in Ukraine: The Interrelation Between the Protection of Subjective Civil Rights and Constitutional Control

2020 ◽  
Vol 10 ◽  
pp. 341-354
Author(s):  
Oleksandr D. Krupchan ◽  
◽  
Volodymyr V. Kochyn ◽  
Vitalii I. Zaporozhets ◽  
Mykyta V. Bernatskyi
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Individual Rights ◽  
Real Possibility ◽  
The Rule Of Law ◽  
The Right ◽  
Judicial Protection ◽  
Subjective Rights

The real possibility of judicial protection of individual rights and freedoms is a key element of effective legal regulation, as well as the manifestation of the rule of law. The new institution of the constitutional complaint lies in a rather specific plane, being both a part of the national system of protection of individual rights and freedoms and an element of constitutional control that ensures the supremacy of the Constitution of Ukraine. The relevance of this study is conditioned by the right of a citizen to complain about the mechanism of legal regulation, taking the provisions of the Constitution as an example. The purpose of the study is to consider the specific features of the interrelation between the protection of subjective civil rights and constitutional control. This study analyses the theoretical aspects, legislative regulation, and practice of the Constitutional Court of Ukraine. It was concluded that subjective rights and interests established by law might be violated, unrecognised or challenged only at the stages of legal implementation or enforcement.

Konstytucyjne zasady postępowania karnego na tle orzecznictwa Polskiego Trybunału Konstytucyjnego

2017 ◽  
pp. 67-86
Author(s):  
Arkadiusz Krajewski
Keyword(s):  
Civil Rights ◽  
Social Factor ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Constitutional Tribunal ◽  
The Republic ◽  
Humanitarian Principle ◽  
The Right ◽  
Social Importance

The Constitutional Tribunal is defined as the Polish constitutional court and at the same time the judicial authority. It was created at the turn of 1982. Not long after that it began its jurisprudence; more precisely it was in 1986. Describing its basic tasks, it is pointed out that judicial review of so-called constitutional law deserves a closer look. This is particularly true about controlling the compliance of lower legal norms with higher legal norms. Here attention is drawn towards the connection of the Constitution with some international agreements, ie. the court of law. The purpose of the paper below was to analyze the constitutional principles of criminal proceedings in the context of the case law of the Polish Constitutional Court. At the beginning the concept, the division and the role of the constitutional rules of criminal procedure were presented. In this section, it was emphasized that all the rules of the criminal process are considered superior norms of a very significant social importance. Then the principle of objectivity, which is reflected in the Constitution of the Republic, was described. A following aspect was the discussion of the principle of the presumption of innocence and the principle of in dubio pro reo. It has been emphasized that the essence of the principle is that the person who was brought before the court is treated as innocent until a lawful judgment is pronounced against the defendant. The author also pointed out the principle of the right to defense. According to this rule, the defendant has the right to defend themselves in the process and to use the help of a defender. Another described principle is so-called rule of publicity. It concerns the fact that information about criminal proceedings should be accessible to the public. Then it was pointed to the principle of the right to the trial and the independence of the judiciary. The first one is reflected in national law and acts of international rank. The second shows that the independence of the judiciary is determined by the proper exercise of the profession of judge and becomes a guarantee of freedom and civil rights. The humanitarian principle and the principle of participation of the social factor in the penal process are shown in the final section. At the end of the paper a summary and conclusions were presented.

scholarly journals The prosecutor’s office on the defense human and civil rights and freedoms in the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 87-92
Author(s):  
T. I. Otcheskaya
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
People’S Republic Of China ◽  
Labor Rights ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Right

The article is devoted to topical issues of protection of human and civil rights and freedoms by an important state body — the prosecutor’s offi ce in two states — the Russian Federation and the People’s Republic of China. The author investigated the issue of the formation of prosecutorial supervision in the European space in the mechanism of statehood on the example of the Russian Federation and in the Asian space on the example of the People’s Republic of China.At the same time, the approaches of the two states to the protection of human rights at the constitutional level, which are regulated by the Constitution of the PRC and the Constitution of the Russian Federation, have been studied. The achievements of the Russian prosecutor’s offi ce in protecting human and civil rights and freedoms, which are the responsibility of the state, including on issues of observance of the labor rights of citizens, the right of citizens to protect life and health, are consecrated.The state program of action in the fi eld of human rights adopted by the State Council of the People’s Republic of China has also been studied in detail. Achievements in the social sphere are shown, which are provided not only by the state, but also by the prosecutor’s offi ce. The approaches of legal science in the two states are consecrated not only in the regulation of human and civil rights and freedoms, but also in their provision.Based on the material studied, the author concluded that it is possible to use the positive experience of Russia and China, mutually in both states, in order to ensure the protection of human and civil rights and freedoms in each of them.

scholarly journals THE CORRELATION OF THE CATEGORIES OF “QUALITY” AND “SAFETY” OF PRODUCTS

2019 ◽  
pp. 74-78
Author(s):  
T.V. Malanchuk ◽  
E.A. Zaitsev
Keyword(s):  
Civil Rights ◽  
Legal Regulation ◽  
Poor Quality ◽  
Product Safety ◽  
Legal Rights ◽  
Safety Issues ◽  
State Supervision ◽  
Safety Features ◽  
And Control

The article analyzes the complex state of the modern legislative regulation of quality and product safety issues in the context of ensuring consumers’ rights to the proper quality of goods (works, services). It is stated that in view of the variety of different properties that make up the notion of quality, the most important are the defects, which are capable of damaging the life, health, or property of the consumer, that is, the defects, which indicate that the goods are dangerous. The safety of goods works, and services as a legal category are of particular importance and is one of the functions of the state to ensure public safety. State measures of influence on manufacturers and sellers of goods, persons who perform work and provide services should be aimed at ensuring the protection of fundamental civil rights. In most cases, these are imperative requirements for safety, which are approved by special legal acts, as well as measures of state supervision and control to ensure the safety of manufactured goods, works, and services. The legislator, when defining security, uses the term “safety of goods (works, services)”, but it would be advisable to carry out graduation of these concepts since the safety of goods is a state of goods that allows it to be sold, used, stored, transported, disposed of without harm for life, health, the property of the consumer and the environment in normal conditions, and the safety of works and services is the quality of protection of the legal rights of the consumer in carrying out the activities of persons who perform work and provide services, danger to life, health, the property should not manifest itself either in their implementation and providing or later. It is noted that quality requirements should be made mandatory when designing production specifications. It is stated that in order to ensure the effectiveness of legal regulation, the safety of a product, work, or service must be considered as a full-fledged property within the legal notion of quality. It is concluded that product safety is an integral feature of any product, work, and service, acting as an integral element of the quality category. Lack of safety features indicates that the product is of poor quality. Keywords: quality, safety, proper quality, improper quality, specifications, consumers.

Russian Labor Law: System-Related Problems in its History and Modernity

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Николай Демидов ◽  
Nikolay Demidov
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Law System ◽  
Labor Legislation ◽  
Government Supervision ◽  
Hired Labor ◽  
The Right ◽  
High Degree

The article analyzes system-related contradictions inherent to the development of the Russian labor law branch in XIX—XX. By means of historical-legal, comparative, dialectic methods the author investigates the roots of modern problems in law-making and law enforcement in legal regulation of hired labor relations. The author reveals negative factors in the development of the labor legislation, that are common for Russia and world leading countries. Among main evolutional problems in labor law, the author considers excessive centralization, a high degree of the right enforcement formalization, susceptibility of the branch to political environment, an important role of non-legal regulators of labor relations, low development level of security arrangements for labor rights, inadequate government supervision, a division of employees and employers’ interests, that is not always correct. The author draws the conclusion about the implicit, objective nature of the described defects and notes an essential impossibility to overcome them.

scholarly journals Konsistensi Putusan Mahkamah Konstitusi dalam Pengujian Beberapa Undang-Undang Terkait Kesehatan

2020 ◽  
Vol 16 (4) ◽  
pp. 763
Author(s):  
Ade Irawan Taufik
Keyword(s):  
Judicial Review ◽  
Paradigm Shift ◽  
Legal Rights ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Human Right ◽  
Health Related ◽  
Private Matter ◽  
The Right ◽  
Material Tests

 Timbulnya pengakuan kesehatan sebagai hak asasi menunjukan perubahan paradigma yang luar biasa, karena kesehatan tidak lagi dipandang hanya sebagai urusan pribadi namun sebagai bentuk tanggung jawab negara dan hak hukum (legal rights). Tujuan diberlakukannya berbagai undang-undang terkait kesehatan adalah untuk memberikan jaminan konstitusionalitas hak atas kesehatan, namun dengan diberlakukannya berbagai undang-undang tersebut tidak berarti terjaminnya hak konstitusional atas kesehatan, hal ini tergambar dengan banyaknya uji materi terhadap berbagai undang-undang tersebut. Banyaknya permohonan uji materi tersebut menarik untuk diteliti terhadap prinsip-prinsip atau asas-asas yang melandasi materi muatan berbagai undang-undang terkait kesehatan dan konsistensi antar putusan Mahkamah Konstitusi (MK) dan konsistensi Putusan MK dengan prinsip atau asas yang melandasi materi muatan undang-undang terkait kesehatan. Dengan menggunakan metode penelitian yuridis normatif disimpulkan bahwa prinsip-prinsip atau asas mempunyai arti penting sebagai landasan materi undang-undang sehingga dapat dijadikan sebagai batu uji dalam melakukan pengujian undang-undang. Kesimpulan lainnya yakni terdapat inkonsistensi antar putusan MK dan inkonsistensi putusan MK dengan prinsip atas asas yang melandasi materi muatan berbagai undang-undang terkait kesehatan.The emergence of the recognition of health as a human right shows an extraordinary paradigm shift, because health is no longer seen only as a private matter but as a form of state responsibility and legal rights. The purpose of the enactment of various laws related to health is to provide a constitutional guarantee of the right to health, however, the enactment of these various laws does not mean the guarantee of constitutional rights to health, this is showed by the number of judicial review of various laws. The number of requests for material tests is interesting to be examined on the principles that underlie the contents of various health related to laws and consistency between decisions of the Constitutional Court (MK) and consistency of decisions of the Constitutional Court to the principles that underlie the content of laws related to health. By using the normative juridical research method, it can be concluded that principles have an important meaning as a basis for the material of the law so that they can be used as a touchstone in conducting the testing of laws. Another conclusion is that there are inconsistencies between the Constitutional Court's decisions and the inconsistency of the Constitutional Court's decision to the principle on the basis of the material content of various laws related to health.

scholarly journals The Right of a Child Outside the Legal Marriage of a Biological Father: The Analysis of Ḥifẓ Al-Nafs as Law `Illat

2021 ◽  
Vol 5 (1) ◽  
pp. 153
Author(s):  
Ali Abubakar ◽  
Juliana Juliana ◽  
Maisyarah Rahmi Hasan
Keyword(s):  
Civil Rights ◽  
Islamic Law ◽  
Court Decision ◽  
Constitutional Court ◽  
Biological Father ◽  
Islamic Jurisprudence ◽  
The Right ◽  
Biological Fathers ◽  
Legal Marriage ◽  
Protection Of Life

This article aims to analyze the protection of life (ḥifẓ al-nafs) as the law reason (`illat) of the rights of children outside of legal marriage (ALPS) of biological fathers. Ḥifẓ al-nafs is assumed to be `illat emerging from many neglected ALPS phenomena and resulting in negative stigma and discrimination. This research is a study of Islamic law using the theory of `illat in analyzing the problem of children's rights outside of legal marriage. The research concludes that the presence of the 2010 Constitutional Court decision regarding the civil rights of ALPS with biological fathers reveals new spaces in seeing the nature of ALPS rights. This is different from the fatwa of the Indonesian Ulema Council and classical fiqh (Islamic jurisprudence) arguments, which tend to only link the child to the mother. Based on the Constitutional Court decision, the essence of ALPS rights from biological fathers is limited to civil rights. The responsibility of the biological father to ALPS is in the form of physical and mental support, while denying other rights such as guardianship of marriage; ALPS rights today have been largely abandoned. Thus, the protection/care is necessary. `Illat (the reason of law) in ḥifẓ al-nafs (protection of the life) is real and can be juxtaposed with `illat ḥifẓ al-nasl (protection of heredity). Ḥifẓ al-nasl does not completely fulfill the real requirements of an `illat which can abolish the abandonment of ALPS.

On Interaction between Prosecutors and Specialists when Exercising Supervisory Powers outside the Criminal Law Sphere

2021 ◽  
Vol 16 (12) ◽  
pp. 212-220
Author(s):  
D. V. Kocheva,
Keyword(s):  
Civil Rights ◽  
Criminal Law ◽  
Legal Status ◽  
Law Enforcement Officers ◽  
Legal Regulation ◽  
Scientific Discussion ◽  
Legal Relationship ◽  
The Right ◽  
Material Form ◽  
Theoretical Developments

Prosecutors outside the criminal law sphere have the power to identify violations of the law, such as the right to demand that the heads and other officials “supervised” by the prosecutor’s office assign specialists to clarify the issues that have arisen. The conclusions of knowledgeable persons, clothed in material form, are in demand among law enforcement officers in various spheres of public life. At the same time, scientists and practicing lawyers have accumulated a number of issues concerning the legal status of a specialist in the Russian legislation, which also affect prosecutorial activities. In the paper, the author attempts to call interested researchers to a scientific discussion about the need for improvement of the legal regulation of the relevant legal relationship. Thus, the author outlines the results of the analysis of the legal regulation of the mechanism of cooperation between specialists and prosecutors in the course of the latter’s supervision over the implementation of laws, the observance of human and civil rights and freedoms, existing theoretical developments, personal experience of work in the prosecutor’s office.

Access to Justice: Ukraine and Europe

2020 ◽  
Vol 11 (4) ◽  
pp. 1122
Author(s):  
Tetiana M. BREZINA ◽  
Nadiia P. BORTNYK ◽  
Iryna Yu. KHOMYSHYN
Keyword(s):  
Civil Rights ◽  
Legal Regulation ◽  
Modern Concept ◽  
Free Access ◽  
Access To Justice ◽  
Legal Provisions ◽  
European Experience ◽  
The Right ◽  
Judicial Protection ◽  
Right Of Access

The paper examines the right of access to justice through the lens of domestic and European experience. The purpose of the study is to improve the theoretical and legal provisions of the content of the right of access to justice based on European experience, the formation of its modern concept, including the construction of proposals for defining this concept in the domestic doctrine of the judiciary. The methodological basis of the study comprises a set of methods that have been comprehensively used to achieve the purposes of this paper: the study of the legal nature of the right of access to justice, the establishment of its structural elements, the formulation of conclusions and proposals for the implementation of European Court of Human Rights standards in Ukrainian legislation was carried out with the use of system-structural and Aristotelian methods. It is noted that the access to justice is the availability, legal consolidation, and direct functioning of guarantees stipulated by law, which allow everyone to freely exercise their right to judicial protection and restoration of the violated right. It is concluded that the right to judicial protection cannot be exercised without a mechanism of access to justice and legal regulation. Ukraine, as a full subject of international law, must guarantee, based on universal standards, the personal right of every individual to free access to justice. However, identification of the social nature of the right of access to justice, for any state, including Ukraine, means an assertion of a fairly wide margin of appreciation both upon specifying forms of support for citizens to exercise the right, and upon determining the categories of citizens who need such support. This obliges the legislator to respect the constitutional principles of justice, equality, proportionality, as well as stability and guarantee of human and civil rights in Ukraine.

Constitutional Court of the Russian Federation: implementation of human rights function

2018 ◽  
Author(s):  
Роман Карасев ◽  
Roman Karasev
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
Constitutional Court ◽  
Law Schools ◽  
Judicial Process ◽  
The Russian Federation ◽  
Definition Of

This study is devoted to one of the most important functions of the constitutional court of the Russian Federation — human rights. The author considers the activity of the domestic body of judicial constitutional control through the prism of interaction with other courts in the sphere of protection of human and civil rights and freedoms. Particular attention is paid to the definition of criteria for the effectiveness of the human rights function of the Constitutional Court of the Russian Federation and the improvement of mechanisms for the execution of decisions of the constitutional Court. The monograph is addressed to students, trainees, cadets, postgraduates and teachers of law schools, as well as to all who are interested in the constitutional judicial process and the protection of human and civil rights and freedoms.

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