THE CURRENT STATE OF ENSURING HUMAN RIGHTS IN THE SUPERVISION OF THE LEGALITY OF THE EXECUTION OF CRIMINAL PENALTIES

2021 ◽  
pp. 30-34
Author(s):  
Олег Геннадьевич Ковалев ◽  
Алевтина Владимировна Вилкова
Keyword(s):  
Human Rights ◽  
Present Stage ◽  
Public Control ◽  
Current State ◽  
Foreign Countries ◽  
Criminal Penalties ◽  
Public Monitoring

В статье рассматривается современное состояние обеспечения прав человека при осуществлении надзора за законностью исполнения уголовных наказаний. Анализируется структура органов, реализующих обеспечение прав заключенных под стражу и осужденных, особенности ее функционирования в современных условиях. Описывается содержание реализации контроля уполномоченного по правам человека, ведомственного контроля, а также прокурорского надзора за законностью исполнения уголовных наказаний, судебного, общественного и международного контроля за местами принудительного содержания. Проводится сравнение систем обеспечения прав заключенных под стражу и осужденных в России и зарубежных государствах. Рассматриваются особенности осуществления надзора за законностью исполнения наказаний на современном этапе, взаимодействия органов прокуратуры с общественными наблюдательными комиссиями. The article examines the current state of ensuring human rights in the supervision of the legality of the execution of criminal penalties. The article analyzes the structure of the bodies that implement the rights of prisoners in custody and convicts, the features of its functioning in modern conditions. The article describes the content of the implementation of the control of the Commissioner for Human Rights, departmental control, as well as prosecutor's supervision over the legality of the execution of criminal penalties, judicial and public control over places of forced detention. The author compares the systems of ensuring the rights of prisoners in custody and convicted persons in Russia and foreign countries. The article considers the features of supervision over the legality of the execution of sentences at the present stage, the interaction of the prosecutor's office with public monitoring commissions.

"PERSONAL MORALITY" AS A PHENOMENON OF RESPECT FOR HUMAN RIGHTS AND FREEDOMS

2017 ◽  
Author(s):  
Veronika Horielova ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Health Workers ◽  
Cognitive Distortion ◽  
Human Rights Violations ◽  
Present Stage ◽  
Current State ◽  
Personal Morality ◽  
Law Enforcement Officials ◽  
Universal Morality

The article is devoted to the analysis of such a phenomenon as "impersonal morality" in the context of human rights and freedoms and emphasizes that it is "impersonal morality" that is becoming a mandatory element of it at the present stage of humanity. It is revealed that the current state of morality is in a state of personification and cognitive distortion, which indicates the impossibility of returning to a single "universal morality of mankind" and therefore it makes sense to speak only of "impersonal morality" - written and regulated by moral precepts for certain groups of people certain activities (law enforcement officials, judges, lawyers, health workers, etc.) - where human rights violations are most likely.

SOME ISSUES OF ENSURING HUMAN RIGHTS AND FREEDOMS IN THE REPUBLIC OF UZBEKISTAN

2021 ◽  
Vol 6 (3) ◽  
pp. 21-28
Author(s):  
Shakhzod Saydullaev ◽  
◽  
Rustamboy Rustamov
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Freedom Of Speech ◽  
Foreign Countries ◽  
Criminal Penalties ◽  
The Republic ◽  
The Right

This article focuses on the ongoing reforms in the Republic of Uzbekistan to ensure human rights and freedoms in recent years. It also analyzes the recommendations of international organizations in order to further ensure the right to freedom of speech in our country. It also reveals the need to liberalize criminal penalties for defamation and insult in the legislation of the Republic of Uzbekistan. Proposals and recommendations were put forward for improving legislation based on studying the experience of advanced foreign countries

HISTORY OF THE ESTABLISHMENT OF PUBLIC SUPERVISORY COMMISSIONS

2020 ◽  
Vol 2 (3) ◽  
pp. 71-78
Author(s):  
MARIA TARASOVA ◽  
◽  
IVAN SMIRNOV
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Modern Human ◽  
Practical Significance ◽  
Historical Aspect ◽  
Public Control ◽  
Human Rights Organizations ◽  
History Of ◽  
The Russian Federation ◽  
Public Monitoring

The article deals with the historical aspects of the formation and key periods of development of public monitoring commissions. Consideration of the topic of this article through the prism of events that highlight the prerequisites for the formation of a system of public control, allowed the authors both to identify systematic difficulties faced by individuals who joined human rights organizations, and to formulate specific proposals, the application of which in practice can be indispensable for improving the activities of public monitoring commissions at the current stage of their development. The content of the article reveals historical facts that played an important role in the formation of public monitoring commissions, mainly as a human rights institution of public observers. The authors note some persons who are interested in creating a system of public control that can provide both consulting and financial assistance not only to representatives of penitentiary institutions, but also to citizens held in them. The article allows you to clearly present the chronology of events that are elements of the Foundation of modern human rights organizations, including a description of situations that affected the performance of members of public monitoring commissions in various time periods. The authors attribute the dynamics of the relevance of the functions of public control to various circumstances, including the emergence of the Gulag, which became the main stumbling block in the development of public monitoring commissions at the end of the second half of the XX century. The article also highlights the stages of forming the next composition of public monitoring commissions, provides indicators that characterize not only the number of their members in the subjects of the Russian Federation and members of such commissions, but also the number of visits to places of forced detention, verification activities, complaints and applications considered, legal consultations, etc. In addition, the authors analyzed the activities of human rights organizations that are active in some regions of the Russian Federation, which revealed the specifics of the implementation of certain rights of citizens, including those who are in prison. The use of a systematic approach to the study of the historical aspect of the creation of public monitoring commissions and the analysis of the organization of work of their members allowed the authors to identify certain problems of theoretical and practical significance, as well as to suggest ways to solve them.

Digitalization in the system of anti-corruption measures

2020 ◽  
Vol 22 (5) ◽  
pp. 51-55
Author(s):  
OLEG N. KORCHAGIN ◽  
◽  
ANASTASIA V. LYADSKAYA ◽  
Keyword(s):  
Big Data ◽  
Law Enforcement ◽  
Public Administration ◽  
Network Architecture ◽  
Digital Technologies ◽  
Current State ◽  
Foreign Countries ◽  
Separate Area ◽  
Private Business Sector ◽  
The Given

The article is devoted to the current state of digitalization aimed at solving urgent problems of combating corruption in the field of public administration and private business sector. The work considers the experience of foreign countries and the influence of digital technologies on the fight against corruption. It is noted that the digitalization of public administration is becoming one of the decisive factors for increasing the efficiency of the anti-corruption system and improving management mechanisms. Big Data, if integrated and structured according to the given parameters, allows the implementation of legislative, law enforcement, control and supervisory and law enforcement activities reliably and transparently. Big Data tools allow us to analyze processes, identify dependencies and predict corruption risks. The author describes the most significant problems that complicate the transfer of offline technologies into the online environment. The paper analyzes promising directions for the development of digital technologies that would lead to solving the arising problems, as well as to implement tasks that previously seemed unreachable. The article also describes current developments in the field of collecting and managing large amounts of data, the “Internet of Things”, modern network architecture, and other advances in the field of IT; the work provides applied examples of their potential use in the field of combating corruption. The study gives reasons that, in the context of combating corruption, digitalization should be allocated in a separate area of activity that is controlled and regulated by the state.

In Lieu of a Conclusion

2018 ◽  
Author(s):  
John Linarelli ◽  
Margot E Salomon ◽  
Muthucumaraswamy Sornarajah
Keyword(s):  
Human Rights ◽  
International Law ◽  
Global Economy ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Current State ◽  
Neoliberal Capitalism ◽  
Transformative Potential ◽  
International Economic Law ◽  
Human Rights Norms

This chapter recaps the main themes of the volume, ie that the international law of the global economy is in a state of disorder. Claims about the justice, fairness, or benefits of the current state of international law as it relates to the global economy are fanciful. A more credible picture emerges when one considers who is protected, against what, and those relations that are valued and those that are not. Moreover, these claims above all require a suspension of a reflective attitude about what international law actually says and does. When it comes to international economic law, power is masked behind a veil of neutrality when it certainly is not neutral in the interests it protects and offends. As for international human rights law, it overlooks the ways in which it props up extreme capitalism foreclosing the possibility of transformative structural change to neoliberal capitalism. In its most radical areas, human rights norms have been blocked from making demands on the design of the global economy precisely because of their transformative potential. Among the central critiques of international law presented in this book is that international law must be justifiable to those who are subject to it.

scholarly journals The Struggle Against Torture: Challenges, Assumptions and New Directions

2019 ◽  
Vol 11 (2) ◽  
pp. 324-333
Author(s):  
Tobias Kelly
Keyword(s):  
Human Rights ◽  
Multiple Forms ◽  
Marginalized Groups ◽  
Current State ◽  
New Directions ◽  
History Of ◽  
Emerging Themes ◽  
Short Essay ◽  
Forms Of Violence

Abstract This short essay offers a broad and necessarily incomplete review of the current state of the human rights struggle against torture and ill-treatment. It sketches four widespread assumptions in that struggle: 1) that torture is an issue of detention and interrogation; 2) that political or security detainees are archetypal victims of torture; 3) that legal reform is one of the best ways to fight torture; and 4) that human rights monitoring helps to stamp out violence. These four assumptions have all played an important role in the history of the human rights fight against torture, but also resulted in limitations in terms of the interventions that are used, the forms of violence that human rights practitioners respond to, and the types of survivors they seek to protect. Taken together, these four assumptions have created challenges for the human rights community in confronting the multiple forms of torture rooted in the deep and widespread inequality experienced by many poor and marginalized groups. The essay ends by pointing to some emerging themes in the fight against torture, such as a focus on inequality, extra-custodial violence, and the role of corruption.

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

2021 ◽  
Vol 28 (2) ◽  
pp. 55-65
Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Well Being ◽  
Legal Regulation ◽  
Martial Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific ◽  
The Individual ◽  
Exhaustive List

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

Effectiveness of the consumer protection system upon purchasing goods in online stores

2021 ◽  
Vol 28 (1) ◽  
pp. 137-146
Author(s):  
Iryna Y. Puchkovska ◽  
Oleksandr O. Biliaiev ◽  
Victor P. Yanyshen ◽  
Hanna O. Urazova
Keyword(s):  
Consumer Protection ◽  
Protection System ◽  
Scientific Methods ◽  
Customer Reviews ◽  
Existing Problems ◽  
Current State ◽  
Foreign Countries ◽  
General Scientific ◽  
Online Stores ◽  
Potential Customers

Every year, the vast majority of countries switch to an online environment. This is especially true for online stores. The subject of this study is the system of consumer protection upon buying goods in online stores and its effectiveness. The purpose is to analyse the state of development of e-commerce in Ukraine and the system of consumer protection upon purchasing goods in online stores. The following general scientific methods were used: classification and theoretical generalisation – to study the theoretical foundations of e-commerce; statistical analysis – to analyse the current state of e-commerce in Ukraine and the consumer protection system. The following results were obtained: based on the analysis of the provisions of current legislation and the experience of foreign countries describing the development of the e-commerce market in Ukraine and the world, the main trends that have developed have been identified, the positive and negative aspects of e-commerce have been identified, as well as the effectiveness of the consumer protection system upon purchasing goods in online stores. It was concluded that the “e-commerce” industry is developing very dynamically. Consumer protection upon purchasing goods through online stores is carried out as with a regular purchase and sale, but it has a number of specific features. To attract potential customers and build their trust, online stores try to post as much information about their products and services as possible on their official websites, including customer reviews. This indicates that the sellers themselves are interested in resolving disputes as soon as possible and preserving their reputation. Taking this into account, it is the improvement of the consumer literacy of citizens, the ability to fully exercise their rights, and to protect their interests in case of certain contradictions that is one of the ways to solve the existing problems

Administrative and legal mechanisms for combating corruption

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nataliia A. Lytvyn ◽  
Olena V. Artemenko ◽  
Svitlana S. Kovalova ◽  
Maryna P. Kobets ◽  
Elena V. Kashtan (Grygorieva)
Keyword(s):  
Design Methodology ◽  
International Experience ◽  
Legal Regulations ◽  
Positive Experience ◽  
Legal Analysis ◽  
Content Type ◽  
Current State ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
Practical Implications

Purpose The purpose of this paper is to study the administrative and legal mechanisms of combating corruption, namely, to determine the means by which it is possible to develop a positive experience in the fight against corruption. Design/methodology/approach Among the methods used to study the problems of the stated subject, the dialectical, comparative-legal, systems, historical and legal, formal and legal, analysis and synthesis can be distinguished. Findings The authors investigated the experience of foreign countries in combating corruption and suggested implementing international experience in national legislation for the successful fight against corruption. In the course of the study, the current state of legal regulations governing anti-corruption activities was characterised, corruption and the main reasons for committing corruption acts were investigated, the problems that arise in the fight against corruption were identified, the main administrative and legal mechanisms for combating corruption were established and the effectiveness of applying these mechanisms in practice was studied. Practical implications The provisions that are enshrined in this paper are of practical value for individuals whose activities are aimed at fighting corruption, as Ukraine is one of the states where corruption flourishes and where the fight against corruption has not been directly implemented in practice for many years. Originality/value Based on the example of international experience in the fight against corruption, proposals and recommendations for improving administrative and legal mechanisms for combating corruption have been developed.

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