scholarly journals Constitutional right to information on the state of the environment in the provision of tourist services

2021 ◽  
pp. 44-47
Author(s):  
Iryna RYZHUK ◽  
Alla IVANOVSKA ◽  
Iryna LYTVYNENKO
Keyword(s):  
Environmental Information ◽  
The State ◽  
Ecological Information ◽  
Wide Range ◽  
Constitutional Right ◽  
Right To Information ◽  
Definition Of ◽  
The Right ◽  
High Level ◽  
State Of The Environment

The paper proves that one of the means of ensuring the right of citizens to health care from the adverse effects of the environment is the right to information about the factors that affect health. It is noted that reliable information about the state of the environment is the basis for the formation of an effective environmental policy of the state. In this regard, it is argued that a society with a high level of informatization is able to successfully solve both economic and environmental problems. In connection with the above, the importance of issues related to the exercise of the right to information about the state of the environment is highlighted. The state of consolidation of the right to information on the state of the environment and the natural environment in national regulations is analyzed. The content of ecological information contained in acts of international character is outlined. The problem of the ratio of ecological information and information about the state of the environment is determined. Environmental information includes information on the state of the environment, however, given the legislative definition of the environment, which covers a wide range of elements related to the conditions of human existence, it is proved that the concept of “environment” is broader in meaning than “environment”. In summary, the proposed definition of “environmental information” is information about the environment, about activities that adversely affect (or may affect) the environment and the human body, as well as information on measures to protect the environment and ensure compliance with environmental rights. The agreements concluded between the tour operator and the travel agent and between the tourist and the travel company when providing travel services define the obligation to provide information and the right to receive information about the state of the environment.

scholarly journals International legal guarantees for the realization of human and citizen rights to environmental information

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Butsmak Artem ◽  
Keyword(s):  
Environmental Information ◽  
Public Authorities ◽  
Legal Norms ◽  
Legal Documents ◽  
Ecological Information ◽  
Right To Information ◽  
The Right ◽  
International Instruments ◽  
Right Of Access ◽  
To Receive

In the article considered guarantees of the right on access to ecological information fixed in international legal documents. Also made a research on state of implementation such international instruments in national Ukrainian legislation, separate legal instruments of realization the right to get ecological information. Made examples of successful defence of the broken right on access to ecological information. In order to exercise the right to information, it is important not only to have the norms enshrined in the legislation, but also the system of guarantees and opportunities for their implementation, which should be provided by public authorities. International legal documents establish only general approaches to the protection of rights, and their further development and consolidation is undoubtedly entrusted to national authorities. The analysis of the current national legislation allows to state that in general the international legal norms have found the reflection in national regulatory legal acts. However, over time, approaches to understanding environmental information, expanding its list, the subjects who have the right to receive it, so work in this direction should continue in order to increase the possibility of exercising the right of access to such information. Keywords: ecolaw, right on access to ecological information, guarantees of right on access to ecological information, international guarantees of right on access to ecological information

scholarly journals On guarantees of protection of the policeman's right to money security

2021 ◽  
Vol 66 ◽  
pp. 118-122
Author(s):  
T. A. Masalova
Keyword(s):  
Civil Rights ◽  
Police Officers ◽  
Labor Law ◽  
The State ◽  
Labor Rights ◽  
Financial Security ◽  
The Real ◽  
Definition Of ◽  
The Right ◽  
High Level

The article considers the issues of guarantees of protection of the policeman's right to financial security, in particular, the definition of "guarantees of protection of the policeman's right to financial security", defines the purpose, objectives and functions of the investigated guarantees, and outlines the structure of basic guarantees. Thus, guarantees for the protection of the right of police officers to financial security are considered as a set of legal and organizational-legal means, methods and conditions by which the police and state bodies ensure the real restoration of the violated right to remuneration. It is concluded that today the guarantees of protection of the police officer's right to monetary security are a special manifestation of guarantees of protection of the employee's right to remuneration. This position allows us to draw the following conclusions: (1) the extension to the police of labor law and other guarantees of protection of labor rights of employees contributes to the expansion of the set of human-centered principles available in labor law in this area. This does not allow the state to subject police officers to labor exploitation, which degrades their human dignity, and obliges them to properly ensure and protect the right of these officers to a decent reward for their work; (2) as the real existence of guarantees of human and civil rights and freedoms in Ukraine is still far from adequate, the guarantees of protection of the police officer's right to financial security are not sufficiently perfect. Meanwhile, it should be borne in mind that the importance of police work, as well as ensuring a high level of social security of these officers has led to the creation and operation of a legal mechanism to protect the right of police officers to a decent reward. conditions under which a police officer may confirm and protect the right to financial security by all means and methods available to him, which do not endanger the state of national security of the state.

scholarly journals The Constitutional Right of Russian Citizens to Reliable Information on the State of the Environment: Modern Issues of Realization and Protection

2020 ◽  
Vol 6 ◽  
pp. 26-29
Author(s):  
Vitaliy V. Goncharov ◽  
◽  
Darya O. Sokolova ◽  
Igor B. Schegolev ◽  
◽  
...  
Keyword(s):  
Scientific Research ◽  
The State ◽  
Reliable Information ◽  
The World ◽  
Constitutional Right ◽  
Definition Of ◽  
State Of The Environment ◽  
Research Analysis

This article discusses the problems of implementation and protection of the constitutional right to reliable information about the state of the environment, describes the development of this right both in Russia and in other countries of the world. In addition the article gives the author’s definition of the concept of the constitutional right to reliable information about the state of the environment. The paper uses a number of methods of scientific research: analysis; synthesis; comparative-legal; historical; formal-logical.

scholarly journals ON SOME FEATURES OF THE REGULATORY AND LEGAL ASPECTS OF CREATION OF IZHEVSK MEDICAL AND ENVIRONMENTAL ATLAS

2020 ◽  
Vol 30 (2) ◽  
pp. 271-275
Author(s):  
I.L. Mal’kova ◽  
P.V. Muntyanu
Keyword(s):  
Large Scale ◽  
Public Awareness ◽  
Noise Pollution ◽  
Well Being ◽  
Legal Aspects ◽  
The State ◽  
Annual Reports ◽  
Wide Range ◽  
Constitutional Right ◽  
State Of The Environment

The article considers one of the possible ways to implement the constitutional right of citizens to reliable information about the state of the environment. Environmental monitoring carried out on the territory of Izhevsk by the state and departmental organizations is extremely limited in the territorial and time aspect. Monitoring results are usually published only in specialized annual reports, or are provided to citizens on a paid basis. Publication of the Izhevsk Medical and Environmental Atlas and its availability to a wide range of interested citizens, both at the professional and consumer level, corresponds to three main conditions for environmental protection: scientific and expert support, public control and public awareness. The article reflects the regulatory considerations of creating the atlas, gives its brief structural and content characteristics, and provides examples of component-wise and integrated large-scale maps. Some results of zoning of the city microdistricts by the level of medical and environmental well-being are also presented, taking into account the territorial distribution of such indicators as the level of morbidity of the child population, the complex index of air pollution, noise pollution from traffic flows and the area of green spaces.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

Recht und Pflicht – Einschränkungen von Freiheit?

2021 ◽  
Vol 69 (1) ◽  
pp. 98-113
Author(s):  
Klaus Vieweg
Keyword(s):  
Free Will ◽  
The State ◽  
Individual Rights ◽  
Right To Life ◽  
Emergency Situations ◽  
The Will ◽  
Definition Of ◽  
The Right

Abstract Can one speak philosophically of a justified limitation of freedom? Hegel’s logically founded definition of free will and his understanding of right and duty can contribute to a clarification of the concept of freedom. Important is a precise differentiation between freedom and caprice (Willkür) – the latter being a necessary but one-sided element of the free will. In caprice, the will is not yet in the form of reason. Rational rights and duties are not a restriction of freedom. Insofar as individual rights can collide (e. g. in emergency situations), there can be a temporary and proportionate restriction of certain rights in favour of higher rights, such as the right to life. Dictatorships are instances of capricious rule which restrict freedom; the rationally designed state, by contrast, restricts only caprice. What is tobe defined are the duties and the rights of the state and the duties and the rights of the citizens.

scholarly journals Social Potential of Non-Profi t Organizations

2021 ◽  
pp. 80-100
Author(s):  
V. M. NOVIKOV
Keyword(s):  
Large Scale ◽  
The State ◽  
Charitable Organizations ◽  
Specific Content ◽  
Non Profit ◽  
Regional Administration ◽  
Wide Range ◽  
Non Profit Organizations ◽  
Definition Of ◽  
Charitable Activities

There is a steady trend in the wide range of literature on the study of institutions: the definition of theoretical judgments often does not coincide and is not combined with the definition of general connections and patterns, which leads to ignoring the principle of systematic analysis of socio-economic processes. Indirectly, this means the priority of the random (individual) over the whole and general. Meanwhile, the concept of an institution correlates with the specific content of a phenomenon or process and is supplemented by a generalized and systematic approach. The study of such an urgent problem of the market economy as institutional choice through non-profit organizations requires the extension of the analysis not only to governmental but also to non-governmental structures, which are an element of the whole. In this regard, the article provides a historical overview of the development of nonprofit organizations and charitable activities as a large-scale social phenomenon, which made it possible to draw attention to the possibility of using the experience of past years for the purposeful organization of non-state institutions of charity, including by improving social partnerships. Analysis of the current state of non-profit organizations in Ukraine, despite the growth in their number, shows a decrease in the volume of charitable activities. In recent years, the country has taken certain steps to improve charity. However, this is not enough. The institutional environment for philanthropy needs to be improved. The solution to this problem is possible with the active influence of the state on the management of non-commercial activities. Improving the tools of functioning, financing, as well as increasing attention to the development of statistics in this area of activity is considered relevant. In this regard, the purpose of the article is to identify pressing issues and ways to improve charitable organizations. The solution to this problem is possible with the active influence of the state on the management of non-profit activities. The development of the institutional framework of the nonprofit sector of the economy means the improvement of financial reporting, greater openness of charitable organizations, streamlining of their legal relations, liberalized taxation and strengthened control over the activities of non-profit organizations. The article pays special attention to the problem of accumulation and distribution of charitable funds. The potential of charitable organizations can be expanded by shifting the focus of their regulation away from predominantly corporate to regional administration, which increases the importance of the institution of partnership in the development of charity. The article uses historical and logical methods, which allowed to study the formation and development of non-profit organizations in the evolutionary aspect.

scholarly journals IS CYBER SEARCH AND SEIZURE UNDER THE CYBERCRIMES AND CYBERSECURITY BILL CONSISTENT WITH THE PROTECTION OF PERSONAL INFORMATION ACT?

Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
Melody Musoni
Keyword(s):  
Personal Information ◽  
The State ◽  
Search And Seizure ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Constitutional Right ◽  
The Right

The focus of this note is to analyze whether the Cybercrimes and Cybersecurity Bill provides a harmonization between search and seizure and the constitutional right to privacy. This will be achieved by discussing the State powers of search and seizure in cyberspace vis-à-vis the right to privacy as envisaged in the Protection of Personal Information Act. Further, this note investigates whether the Cybercrimes and Cybersecurity Bill achieves the purpose of combatting cybercrimes without the infringement of the right to privacy. Subsequently, the article provides plausible recommendations on how the State should lawfully conduct searches and seizures of articles related to cybercrimes.

Silence with caution: The right to silence in police investigations in Belgium

2021 ◽  
pp. 203228442110283
Author(s):  
Ashlee Beazley ◽  
Fien Gilleir ◽  
Michele Panzavolta ◽  
Joëlle Rozie ◽  
Miet Vanderhallen
Keyword(s):  
Case Law ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
The Public ◽  
Digital Devices ◽  
Police Investigations ◽  
Right To Silence ◽  
Right To Information ◽  
Definition Of ◽  
The Right

This article is about the right to remain silent within Belgium. Although the right has always been considered applicable, both the courts and parliament have historically demonstrated a disinclination to define or engage with this. The right to silence is now formally recognised in the Belgian Code of Criminal Procedure, albeit with the classic distinction between those who are not (yet) accused of a crime and those who are formal suspects: while all enjoy the right not to incriminate themselves, only formal suspects in Belgium enjoy the explicit right to remain silent. Accordingly, whilst no one may be obliged to assist with their own conviction or be forced to co-operate with the authorities, it remains unclear how far the right not to cooperate effectively stretches. The case law seems to be moving, albeit slowly, in the direction of confining this right within narrower borders, particularly by excluding its applicability with regard to the unlocking and decryption of digital devices. This is not, however, the only idiosyncrasy concerning the right to silence in Belgium. Among those also addressed in this article are: the lack of caution on the right to remain silent given to arrested persons immediately following their deprivation of liberty (an absence striking for its apparent breach of Directive 2012/13/EU on the right to information in criminal proceedings); the possible inducement to breach the right to silence via the discretionary powers of the public prosecutor to offer a reduction or mitigation in sentence; the obscurity surrounding the definition of ‘interrogation’ and the consequences of this on both the caution and the obtaining of statements; and the extent to which judges can draw adverse inferences from the right to silence. The question remains: is the right to silence currently protected enough?

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