scholarly journals The Concept of Guarantees of the Rights of Heirs in the Inheritance Law of Ukraine

2020 ◽  
pp. 64-73
Author(s):  
Alla KIRYK
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Crucial Role ◽  
Roman Law ◽  
Legal Institution ◽  
Narrow Sense ◽  
Inheritance Law ◽  
National Legal System ◽  
Definition Of ◽  
State Nature

The sources of Roman law, which played an important role in the formation of inheritance law as a legal institution, are studied. The definition of the term «will», which was first formed by the Roman lawyer Ulpian, is considered. The origin of the word «guarantee» is studied and its interpretation in different dictionaries is considered. It is established that guarantees play a crucial role, because only with the guarantee of rights can we count on their full and comprehensive use. It has been found that the issue of guarantees of heirs’ rights is given little attention among scholars. The opinions of scientists on the interpretation of the term guarantee of human rights and freedoms are analyzed, as well as approaches to understanding the nature of guarantees are identified. Researchers have found that there are different positions on the definition of «guarantee of rights». Based on the analyzed views of scientists, the main features of guarantees of human rights and freedoms are formed, which include: the state nature of guarantees; regulatory and legal consolidation of guarantees; universal and continuous nature of guarantees; is an indicator of the level of development of the national legal system; designed to protect and defend human and civil rights. The analysis of specific guarantees of the rights of relatives of the testator contained in the legislation of Ukraine is carried out. The most problematic provisions in inheritance law have been identified that affect the guarantee of the rights of heirs, including: provisions on the powers and organization of notaries; provisions on secret wills; provisions on the timing of acceptance of the inheritance. Based on the analysis of guarantees of the rights of heirs in the inheritance law of Ukraine, the main features of such guarantees are highlighted. The approaches to the separation of the category «guarantees of the rights of heirs» are generalized and the definition of such guarantees in a broad and narrow sense is given.

scholarly journals Limits of permissible intervention in biomedical studies of somatic human rights

2020 ◽  
pp. 92-96
Author(s):  
Myroslava Hromovchuk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Biomedical Research ◽  
National Level ◽  
Central Place ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
Moral Ideal ◽  
The One ◽  
Definition Of

The article examines the features of the essence and content of the constitutional principles of human rights as a basis for legalregulation of biomedical research of somatic human rights. The author reveals the essence and content of international and nationallegal principles of human biomedical research. It was found that there are currently no standards of legal regulation of human rightsprotection during biomedical research at the national level and at the level of international acts in this field. It is pointed out that theissue of human and civil rights and freedoms in the conditions of formation and development of civil society in democratic states occupiesa central place. It is established that the effective provision of constitutional rights and freedoms of man and citizen is associatedwith the need for restrictions in their implementation. It is determined that it is of fundamental importance that the attitude to law, tohuman rights and freedoms for the Ukrainian legal consciousness is impossible only through the awareness of a certain moral ideal asa goal in one’s own life. Therefore, any legal problem for the Ukrainian mentality is inextricably linked with the values of goodnessand justice, truth and humanity.It is noted that the approaches to the definition of “freedom” have both common and different features or certain clarificationsregarding certain manifestations. Without resorting to controversy about the truth or falsity of each of them, by generalizing their content,we can conclude that freedom, on the one hand, is an action according to their own desires, on the other - an action against them.The limits of permissible intervention in conducting biomedical research with human participation have been studied, as well asthe ethical examination of biomedical research as a way to protect human rights has been determined.

scholarly journals On the issue of restriction of individual rights in civil law. Correlation between the concepts of restriction and encumbrance of civil rights

2021 ◽  
pp. 146-150
Author(s):  
V.M. Marovdi
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Fundamental Principle ◽  
Individual Rights ◽  
Basic Law ◽  
National Legal System ◽  
Definition Of ◽  
The Right ◽  
The Relationship ◽  
Work First

In this article the author considers the concept of restriction of individual rights in civil law, as well as the re-lationship between the concepts of restriction and encumbrance of civil rights. First of all, the lack of a legislative definition of the concept of restriction of individual rights in civil law, as well as the ambiguity of the position of the legislator on the use of the term restriction and its place among related conceptsIn writing this work, first of all, attention was paid to the Constitution of Ukraine, which is the Basic Law, which serves as a guide that establishes the general boundaries of human and civil rights. The connection of the provisions of the Constitution with the norms of the Civil Code of Ukraine within the framework of the chosen topic was presented. Emphasis is placed on the fundamental principle according to which the national legal system is built, namely: “everything is allowed that is not expressly prohibited by law.”The views of some scholars who adhere to their vision of the concepts under study are given. In addition, in this study, the relationship between the concepts of restriction and encumbrance of individual rights in civil law. In the process of writing this work, the positions of legal scholars who had relatively similar positions were given. They distinguish between the above concepts, and provide the relevant features. However, outside the scope of this study were many works of scientists who do not see a difference in these concepts.None of this was left out of the regulatory framework for the definition of the above concepts at the legislative level. In particular, it was found that in contrast to the concept of restriction of individual rights, including in civil law, the current legislation contains a definition of encumbrance. There are several acts that provide this definition. And in all cases, the definition is different.Based on the analysis of regulations, it was found that the legislator does not consistently approach the definition of encumbrance. In particular, in some cases the latter includes the encumbrancer’s right to the debtor’s movable property or restriction of such right, in others - prohibition or restriction of disposal and / or use of real estate, and in some cases the legislator identifies encumbrances and restrictions.According to the results of the study, the conclusions on the failure to define in national law the concept of re-strictions on the rights of persons in civil law, as well as the lack of a clear distinction between the concept of restric-tion of the right of person and encumbrance, in particular under civil law. There is a position on the need for further research on relevant topics, which will ensure clarity and clarity of the law, and promote its effective application, as well as consensus on this issue among scholars.

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.

scholarly journals PRINCIPLES OF POLICE ACTIVITY: ESSENCE AND FEATURES

2021 ◽  
Vol 1 (1) ◽  
pp. 19-25
Author(s):  
Liudmyla Nikolenko ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Public Relations ◽  
International Law ◽  
Skin Color ◽  
The Rule Of Law ◽  
The Law ◽  
Definition Of ◽  
National Police ◽  
Police Activity

This article is devoted to the study of the principles of the police of Ukraine. The principles of police activity defined in the Law of Ukraine "On the National Police" are considered and analyzed, namely: the rule of law, respect for human rights and freedoms, legality, political neutrality, interaction with the population on the basis of partnership, continuity. It is noted that since Ukraine has announced a course for integration into the European Community and approximation of the Ukrainian legal system to European and world standards, the introduction of Ukrainian legislation and principles that have existed for some time in international law is one of the important steps towards this goal. It is proved that the definition of principles at the level of law indicates that they must be harmonized with existing social values, and the conceptual basis of the modern police paradigm should be the unconditional recognition of the primacy of human and civil rights and freedoms in public relations. on the basis of partnership should be considered as the main: first, to restore public respect for the police, secondly, the level of interaction affects the effectiveness of police functions, and thirdly, the level of trust can be concluded on the effectiveness of policing in general. The development and consolidation of ethical principles is important, which is justified by the peculiarities of policing. It is proposed to supplement the system of principles of police activity with the principles of tolerance and inadmissibility of discrimination. The police must respect and protect human rights and freedoms regardless of race, language, skin color, gender, age and other beliefs and characteristics. In order to improve the activities of the police, amendments to the list of principles defined in the Law of Ukraine "On the National Police" are proposed.

scholarly journals Peculiarities of Protection of Rights and Interests of Heirs: Theoretical Aspects

2020 ◽  
Vol 10 ◽  
pp. 355-362
Author(s):  
Yuri O. Zaika ◽  
◽  
Oleksandr Ye. Kukhariev ◽  
Volodymyr L. Skrypnyk ◽  
Aliesia A. Mytnyk
Keyword(s):  
Civil Rights ◽  
Scientific Community ◽  
Civil Law ◽  
Inheritance Law ◽  
Legal Literature ◽  
Legal Nature ◽  
The Will ◽  
Methodological Approaches ◽  
Definition Of ◽  
The Right

The relevance of this study is due to the necessity to ensure the proper exercise of subjective civil rights in the field of inheritance law. Protection in inheritance is related to the general right to protection. Due to the peculiarities of inheritance law as a sub-branch of civil law, it has its own specifics, which is manifested primarily in the definition of special ways to protect violated unrecognized or challenged rights. In addition, the protection of the rights of heirs takes place only within the inheritance relationship, which is characterized by a long nature. The purpose of the article is to identify the features of protection of subjective civil rights of heirs in the field of inheritance. This necessitates the use of special methodological approaches that will identify the characteristics of protection of the rights of heirs, as well as research methods such as dogmatic, formal-logical, systematic, comparative law. The article analyses the recognition of the right of ownership of inherited property in court and proves that this exceptional method of protection is used if there are obstacles to the notarization of inheritance rights. The most typical and widespread special ways to protect the rights of heirs are considered: removal from the right to inherit, invalidation of the will, change of the order of obtaining the right to inherit, reduction of the size of the obligatory share in the inheritance. The outlined issues were not widely covered in the legal literature, as the attention of scholars was mainly in the perspective of clarifying the legal nature of protection and defence, the ratio of forms and methods of protection of subjective civil rights, analysis of general methods of protection of subjective civil rights. That is why this work is an important contribution to outlining the issue of inheritance law and attracting due attention of the scientific community.

scholarly journals Law Enforcement Agencies in the System of Entities of Protection and Defense of Human Rights

2020 ◽  
Vol 9 (30) ◽  
pp. 77-83
Author(s):  
Oksana Aleksandrovna Panova ◽  
Andrii Tanko ◽  
Vladyslav Volodymyrovych Povydysh ◽  
Olha Vasylivna Alieksieieva
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Civil Rights ◽  
Scientific Work ◽  
Constitutional Rights ◽  
Law Enforcement Agencies ◽  
Root Cause ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
Definition Of

The purpose of this article is to define the role of law enforcement agencies in the system of protection of human rights and freedoms. The legal relations that arise during the activities of law enforcement agencies regarding the protection of human rights and freedoms were the subject of the study. Such methods of scientific cognition as dialectical, logical-semantical, formal-legal and analytical were used during the writing of the article. Through a series of research analyzes and comparisons, the definition of "law enforcement agencies" was provided. During the writing of this scientific work, the level of impact of effectively functioning law enforcement agencies on the entire system of protection of fundamental human and civil rights and freedoms was traced. It is stated that due to the multisectoral nature of activity of law enforcement agencies, their extensive system, etc., it is impossible to group them in one legislative act. The root cause for this is that all law enforcement agencies have different functions, different tasks, they do not have the same powers, and so on. It is emphasized that, regardless of the state in which they are located, law enforcement agencies (and especially their activities to ensure inalienable protected rights) will always be a model for a society as a whole. Hence the foundation of the widespread scientific thesis that the quality of law enforcement work in the field of protection and observance of constitutional rights, freedoms and legitimate interests of individuals is a direct reflection of the level of success and competence of all actors in society.

scholarly journals The Concept Of Solidarity As A Factor In The Realization Of Human And Civil Rights And Freedoms In Ukraine

2021 ◽  
pp. 109-119
Author(s):  
O.S. Shevchenko
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Common Good ◽  
Social Insurance ◽  
The State ◽  
Fundamental Rights ◽  
Basic Law ◽  
The People ◽  
Definition Of ◽  
The Individual

The article is devoted to the study of the role and significance of guarantees of individual rights and freedoms in Ukraine. The author defines that they are important factors in the economic, political, legal, cultural and other spheres of society that create conditions for the real possibility of exercising the rights and freedoms of the individual. The concept of solidarity excludes the idea of class struggle, the revolutionary path of development of society. According to this concept, the focus is on the social nature of the state: socio-economic, cultural, environmental rights of citizens are ensured with the participation of the state, which pursues an active socio-economic policy aimed at redistribution of funds for the most vulnerable, employment, social insurance, development affordable education, health care, etc. Guarantees for the realization of human and civil rights, freedoms and responsibilities can be described as a system of conditions and means that together ensure the exercise of constitutional human and civil rights, freedoms and responsibilities. The effectiveness of this system depends on various factors, but the main among them is the presence of certain elements in the system of government. These include: a) the existence of the Basic Law, the effect of which cannot be terminated arbitrarily; b) the definition of state power derived from the power of the people and the Constitution; c) consolidation at the constitutional level of fundamental rights, freedoms and responsibilities of man and citizen and the means and conditions of their exercise; d) the existence of an independent judiciary; e) the opportunity to protect their rights with the Commissioner for Human Rights of the Verkhovna Rada of Ukraine and in international human rights organizations. It is also proposed to solve certain issues of realization of human rights and freedoms in Ukraine through the implementation of the concept of solidarity - the principle of building a social system in which its members (citizens, families, ethnic groups, religious denominations, social groups, political parties, business corporations, etc.) have a real legal and socio-political subjectivity , on the basis of which their rights, opportunities and interests can be consolidated and solidified in order to achieve consensus goals (common good) in social frameworks of different scales (local, national, global).

scholarly journals Legal institution to ensure human rights, civil rights in Viet Nam Library Law 2019

2020 ◽  
Vol 36 (3) ◽  
Author(s):  
Le Tung Son
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Cultural Values ◽  
Legal Institution ◽  
Socialist Republic ◽  
National Assembly ◽  
Cultural Life ◽  
Access Information ◽  
Overview Analysis ◽  
The Right

Library Law No. 46/2019 / QH14 passed by the National Assembly of the Socialist Republic of Vietnam on November 21, 2019, effective July 1st, 2020, has important implications for the completion of legal regulations on ensuring human rights and civil rights which is stipulated by the Constitution with the basic rights: the right to access information and the right to access and enjoy cultural values, to participate in cultural life and to use of cultural facilities. The study focuses on overview, analysis and identification of legal institution on ensuring human rights and civil rights in the Library Law, then recommends measures for the Law to be implemented in the coming time.  

Gans, Eduard (1797–1839)

2018 ◽  
Author(s):  
Lawrence S. Stepelevich
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal System ◽  
Political Institutions ◽  
Legal Theory ◽  
Natural Rights ◽  
Roman Law ◽  
Firm Structures ◽  
Legal Theorist

Gans was an influential legal theorist and an admirer of Hegel’s doctrines regarding the nature and purposes of political institutions. He attempted to extend the role of those doctrines to the practical reform of German legal theory. Gans criticized this theory as being neither universal nor in accord with natural human rights. One of the most evident expressions of this partiality of the law was to be found in the legal disregard of the natural civil rights of Jewish citizens. Gans looked to the past, to Roman law, with its universal applications and its firm structures based upon natural rights, as a model upon which a future German legal system could be constructed.

scholarly journals Definición jurídica de la familia en el derecho romano : legal definition of the family in roman law

2012 ◽  
Author(s):  
Mª Eva Fernández Baquero
Keyword(s):  
Family Law ◽  
Roman Law ◽  
The Political ◽  
Legal Institution ◽  
Roman Society ◽  
Cultural Transformations ◽  
Starting Point ◽  
The Family ◽  
Legal Texts ◽  
Definition Of

A diferencia de las declaraciones genéricas de la actual legislación internacional que evita definir a la familia, en las fuentes jurídicas romanas contamos con definiciones de familia en los textos jurídicos. Ello otorgó a la sociedad romana dar la suficiente seguridad para consolidar los pilares fundamentales del Derecho de Familia en el Derecho Romano. Y es que, en Roma como en la actualidad, la familia –como institución jurídica– no fue inmutable, sufrió cambios importantes a lo largo de los siglos en función de las transformaciones políticas, sociales y culturales. Sin embargo, y a diferencia del Derecho actual, dichos cambios tuvieron siempre presente el contenido sustancial y jurídico de lo que implica la idea primordial de la familia pues, dichas definiciones jurídicas, sirvieron como punto de partida para encontrar nuevas soluciones.Unlike generic statements of current international legislation that avoid defining family, in Roman legal sources there are definitions of family in legal texts. This granted Roman society sufficient certainty to consolidate the fundamental pillars of family law in Roman law. And in Rome, as at the present, the family – as a legal institution – was not immutable, it suffered major changes over the centuries on the basis of the political, social and cultural transformations. However, and contrary to current law, changes always had present substantial and legal content of what the primary idea of family was because such legal definitions served as a starting point to finding new solutions.

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