Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

scholarly journals The role of legal communication in ensuring human rights

2020 ◽  
Vol 11 (11) ◽  
pp. 146-150
Author(s):  
Makeieva O.
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
Information Space ◽  
Space Forms ◽  
Legal Communication ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
Modern Information

The article examines the role of legal communication in ensuring human rights. It is noted that the study of legal communication in the modern information space forms a modern postclassical legal understanding, which is focused on ensuring the rights, freedoms and legitimate interests of citizens. Legal communication acts as a means of ensuring dialogue between the state and citizens, as a regulatory and socio-constructive factor of social development. According to recent research, the doctrine of human rights is developing on the basis of an interdisciplinary approach to such sciences as philosophy, theory and history of state and law, political science, linguistics, information theory and more. The introduction of information and communication technologies in all spheres of society presupposes the study of the communicative properties of law, in particular legal communication. Given the increased attention to the problems of the effectiveness of law, the definition of its functional purpose, there is a need to study the role of legal communication in ensuring human rights. Human rights are a common value of civil society and the state, they determine their relationship, and ensuring the implementation and protection of human rights is their common task. A manifestation of such interaction is the legal communication between the state and civil society. The study of legal communication in the modern information space forms a modern postclassical legal understanding, which is focused on ensuring the rights, freedoms and legitimate interests of citizens. The renewal of legal relations, first of all between the state and society, requires scientific substantiation and introduction of new forms of communication. Legal communication in this case acts as a means of ensuring dialogue between the state and citizens, as a regulatory and socio-constructive factor of social development. At the stage of transition to the information and legal society, the relationship between legal communication and legal regulation changes. Legal communication acquires an independent meaning in relation to legal regulation, which itself becomes a system, a derivative element of legal communication. Іt is proved that legal communication contributes to the formation of legal values in the modern information space, a positive perception of law, the formation of the legal consciousness of the subjects of communication, the improvement of the legal mechanism for the protection of human rights. Legal communication acquires an independent meaning in relation to legal regulation, which itself becomes a system, a derivative element of legal communication. The effectiveness of legal communication in ensuring human rights is ensured by observance of the principles of the rule of law, legality, publicity, democracy, and universality. Keywords: human rights, legal communication, information society, information security.

scholarly journals The concept and structure of administrative-legal support of the state defense

2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Legal Norms ◽  
Legitimate Interests ◽  
State Defense

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

scholarly journals LEGAL PROTECTION OF PERSONAL DATA IN THE FUNCTION OF PROTECTION OF HUMAN RIGHTS AND FREEDOMS

2020 ◽  
Vol 8 (10) ◽  
pp. 193-197
Author(s):  
Safet Krasniqi
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Legal Protection ◽  
Legal Regulation ◽  
State Agency ◽  
Material Resources ◽  
Technological Advances ◽  
Protection Of Human Rights ◽  
Telecommunications Law ◽  
Data Subject

The era of globalization and digitalization have become a necessary process for the legal and legal regulation of human rights. This is taken into account by the fact that technological-technological advances have increased fears of human rights violations. This is especially noteworthy in communication tools, the internet and so on. With the intent, protection of personal data and privacy In the international sphere, the EU has made the coding of the protection of personal data through Directive no. 95/96 EC, which entered into force on 24 October 1995, then the ECHR, the European Commission proposal, January 2012, on the reform of the European Data Protection Regulations, which was formulated in the Regulation which came into force on 24 May, 2016 and the General Directive, which entered into force on May 5, 2016. However, according to surveys made with EU citizens, credibility for the protection of personal data from EU institutions and those of member states is below the minimum. The protection of privacy in Kosovo is being done through the legislation and the establishment of the State Agency for the Protection of Personal Data even though Kosovo does not have sufficient technical and material resources for the minimal protection of personal data and privacy in general. This topic addresses the issue of providing information, the confidentiality of the data subject and the security of proceedings and the supervisory authority. Also, the instructions contained in the regulations, the sanctioning of these rights under the penal code necessarily make the approval of the telecommunications law in Kosovo.

scholarly journals Protection of Human Rights in the Criminal Procedure Legislation of the Republic Of Uzbekistan and Improved Reforms Taking Into Account Foreign Experience

2021 ◽  
Vol 58 (1) ◽  
pp. 1102-1115
Author(s):  
Botirjon Khayitbayevich Ruzmetov
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Sufficient Evidence ◽  
Criminal Proceedings ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
The Republic ◽  
Theory Of Evidence ◽  
The Right

In this article author had searched the questions devoted the protection of human rights in the criminal procedure legislation of the Republic of Uzbekistan and comparing with the legislation and worldwide experience of the foreign states.The article reveals the ongoing liberalization of the criminal law policy in the Republic of Uzbekistan, which is aimed at expanding human and fair norms, strengthening the protection of the rights, legitimate interests of a person andsociety. Against this background, the significance of investigative actions and the theory of evidence in the country's criminal procedural legislation is being revised. The development of science and technology leads to the improvement of methods of committing crimes using computer technology, taking into account which the timely disclosure and effective investigation of socially dangerous acts requires extensive use of mathematical tools and computer technologies.In this regard, changes are taking place in the investigative practice aimed at increasing knowledge in the field of computer technologies among law enforcement officials and increasing the responsibility of the personal of the investigative and judicial authorities in the implementation of their activities.The author emphasizes that despite significant restrictions on the rights and legitimate interests of a person in the conduct of investigative actions, all of them are necessary for obtaining sufficient evidence to expose the guilt of the offender, in the manner prescribed by law.Compliance by investigators, prosecutors and judges of all criminal procedural requirements established by the legislation of the country is a key requirement for the recognition of evidence as lawful and sufficient for a fair sentence.It should be noted that the article highlights that, since 1994, the Criminal Procedure Code of Uzbekistan enshrines the right to defense by involving a lawyer in the case from the moment a person is detained on suspicion of committing a crime, as well as the principle of equality of arms in criminal proceedings. An addition to the liberalization of legislation is the fact that now the courts are freed from such unusual functions as the execution of court decisions.In addition, the article expands on the author's proposals for improving the legislation of Uzbekistan, as well as expanding the power of lawyers, especially in the conduct of investigative actions, aimed at expanding the process of liberalization of criminal law in the country and improving the situation with the protection of human rights in the investigation of criminal cases.

scholarly journals Problems of Protecting Virtual Game Property by Means of Criminal Law

2021 ◽  
Vol 15 (6) ◽  
pp. 744-755
Author(s):  
Pavel Stepanov ◽  
Maria Filatova
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Real World ◽  
Legal Protection ◽  
Legal Regulation ◽  
Virtual Space ◽  
The Real ◽  
Legal Nature ◽  
Game Property ◽  
Virtual Game

The legal regulation of social relations in virtual reality is attracting an increasing attention of scholars. There are corresponding Russian and foreign publications concerning different branches of law: civil, tax, labor, international humanitarian, and criminology. Criminological research is based, among other things, on the analysis of sociocultural factors: how online gaming behavior influences the «cultural normalization» of similar behavior in the real world, the problems and boundaries of permitted violence. At the same time, the problem of infringements on virtual game property is becoming more urgent. The first reason for this is the fact that the possession of virtual property can have legal and economic consequences in the real world. The second reason is connected with the absence, in most jurisdictions, of the legal regulation of the emerging property rights (or other «rights in rem») to game property, which hinders prosecution for crimes against it, or makes it impossible in some countries where criminal law protection is linked to positive legislation. The authors believe that it is best to view these crimes as offences against property, and not cybercrimes in the narrow sense of the word. It is obvious that the problems of defining the crime of theft in the virtual space are connected with the understanding of the object and other features of theft, and the analysis thus mainly focuses on comparing the legal nature of virtual game property with how it corresponds to the features of theft in the current legislation. Key concepts of the legal nature of virtual game property are formulated, which are then analyzed from the standpoint of their applicability in criminal law. According to the authors, there are two main ways to solve the problem of virtual game property protection: either, following the approaches found in foreign practice, the definition of theft should be broadened, or the legal protection regime sui generis should be created to deal with the protection of all cyber aspects of property relations.

scholarly journals The Convention for the Protection of Human Rights and Fundamental Freedoms in the System of Sources of Legal Regulation of the Administration of Justice in Administrative Offences

2020 ◽  
Vol 15 (12) ◽  
pp. 57-64
Author(s):  
O. V. Pankova
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Legal System ◽  
Legal Regulation ◽  
Administrative Law ◽  
International Treaties ◽  
Legal Provisions ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation

The paper presents the author’s view of the problem of interaction between international and national administrative law and attempts to determine the place of the Convention on the Protection of Human Rights and Fundamental Freedoms in the Russian legal system and the administrative and tort legislation of the country. Based on the analysis of different points of view, the conclusion is enunciated that international treaties ratified by the Russian Federation are incorporated into the general body of administrative legislation; and they constitute a source of administrative law in the part in which they contain legal provisions governing the administrative and legal status of citizens, as well as guarantees of its implementation, including guarantees of equitable justice in cases arising from public law relations and administrative and tort cases. In this regards, the author analyzes the provisions of Article 1.1 of the Administrative Code of the Russian Federation, determining the place and role of universally recognized principles and norms of international law and international treaties of the Russian Federation in the system of sources of administrative and tort law—the author refers the Convention for the Protection of Human Rights and Fundamental Freedoms to the sources mentioned above. The paper considers this Convention as an international treaty of the Russian Federation that not only regulates interstate relations, but also actively invades the regulation of procedural administrative responsibility, since it establishes the general parameters of a fair trial in administrative and tort cases. The paper also pays attention to the implementation in the draft Code of Administrative Offences of the Russian Federation and the Procedural Code of the Russian Federation on Administrative Offences of the Constitutional Principle concerning international legal norms in the legal system of the Russian Federation.

The contradictions of the legal and religious regulation of public relations

10.12737/2140 ◽  
2013 ◽  
Vol 1 (6) ◽  
pp. 299-309
Author(s):  
Павел Путилкин ◽  
Pavel Putilkin
Keyword(s):  
Public Relations ◽  
New Testament ◽  
Social Relations ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Regulation ◽  
The Bible

The article explores the contradictions of religious and legal regulation of social relations with the position of Orthodoxy. Revealed contradictions in criminal law, civil law, constitutional informational and other spheres of regulation. The current legislation is mapped with the Bible, New Testament, old Covenant. Special attention is paid to reasons of contradictions between law and religion.

scholarly journals International Legal Regulation of Genetic Research and Implementation of International Legal Standards in this sphere into Russian Legislation

2021 ◽  
Vol 25 (1) ◽  
pp. 107-125
Author(s):  
Aleksey V. Kubyshkin ◽  
Sergey V. Kosilkin
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Genetically Modified Organisms ◽  
Genetic Research ◽  
Legal Regulation ◽  
Genomic Research ◽  
Public Interests ◽  
Legal Standards ◽  
Blockchain Technology ◽  
Protection Of Human Rights

The article analyzes the topical issues of international legal regulation of genetic research; it provides a comparative analysis of two groups of international acts regulating relations related to genetic research and application of their results on creation, use and circulation of genetically modified organisms (except humans), on the study of human genome and application of their results. The article deals with the issues of objects and methods of genetic research regulation, balance of interests as the basis for legal regulation of public relations in the field of genomic research. It also considers approaches to ensuring a balance of private, group and common (public) interests. Criticism of certain provisions of the Convention on Human Rights and Biomedicine is given, the question of the inadmissibility of legal opposition between the protection of human rights and the interests of science and society as a whole is raised. The authors put forward proposals on the implementation of a number of international norms in Russian legislation and its further improvement, as well as on the use of blockchain technology in genetic research.

Psychological and legal features of resocialization of convicted persons

2021 ◽  
pp. 40-46
Author(s):  
A. Romanova
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Continuous Process ◽  
Legal Regulation ◽  
Practical Significance ◽  
Negative Consequences ◽  
Full Member ◽  
Self Actualization ◽  
Protection Of Human Rights ◽  
European Standards

Purpose. The aim of the article is to analyze the elements of resocialization of convicted persons, methods of influencing the process of formation of law-abiding behavior for life at large, as well as psychological and legal factors influencing the process of adaptation of convicted persons to lawful self- actualization at liberty. Methodology. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. Such methods of scientific cognition as terminological, system-structural, dialectical, comparative, logical-normative, and logical-semantic were used during the research. Results. In the course of the research, it is stated that resocialization of convicted persons is a continuous process aimed at the conscious restoration of the convict in the social status of a full member of society, which is hindered by socio-psychological deviations of legal awareness of the convict and society, the immediate environment of the person serving sentences. Resocialization of convicted persons should take place based on the respect for human rights and freedoms, in accordance with the principles of human dignity, as well as domestic and international normative and legal acts. Scientific novelty. In the course of the research, it is established that a full-fledged, effective process of resocialization should be aimed at correcting the distorted legal consciousness, lawful social and normative formation of a person in society, as well as preventing the negative consequences of forced isolation from society. Practical significance. The results of the study can be used in law-making to improve the current legislation and bring it closer to European standards in order to enrich the universal values that constitute the content of the requirements of natural law, as well as to increase the effectiveness of legal regulation of public relations through the enshrinement of guarantees for the implementation, provision and protection of human rights and freedoms in the current legislation.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

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