Strengthening of the institutional capacity of the Constitutional Court of Ukraine in the conditions of modern society as a scientific and practical problem

2021 ◽  
Vol 28 (4) ◽  
pp. 104-112
Author(s):  
Oleksandr V. Skrypniuk ◽  
Olena O. Tomkina
Keyword(s):  
Law Enforcement ◽  
Scientific Research ◽  
Legal Protection ◽  
Political Influence ◽  
Institutional Capacity ◽  
International Standards ◽  
Practical Significance ◽  
Public Confidence ◽  
Constitutional Court ◽  
Interdisciplinary Approaches

Modern scientific research of the problems of constitutional jurisdiction in Ukraine is conditioned not only by their established theoretical and practical significance for legal doctrine and law enforcement. In the context of modern global challenges and threats that inevitably affect the domestic legal order of Ukraine, taking into consideration the national problems in the field of human rights and freedoms, interaction between state and society, lawmaking, law enforcement and administration of justice, etc., the need to strengthen the institutional capacity of the Constitutional Court is an important scientific and practical task. It is aimed at strengthening the stability of the institution of constitutional jurisdiction in difficult sociopolitical situations, restoring public confidence in the Constitutional Court and the state in general, improving the legal protection of the Constitution of Ukraine and ensuring its supremacy, reviving respect for the Basic Law and the rule of law, accommodating the functioning of the Constitutional Court to the best international standards of constitutional jurisdiction. The purpose of the article is to substantiate the study of the problem of strengthening the institutional capacity of the Constitutional Court of Ukraine as a complex scientific and applied issue, which provides for its solution in the interdisciplinary scientific space. General scientific research methods, sociological method, structural-functional, as well as interdisciplinary approaches, are used. The institutional capacity of the Constitutional Court of Ukraine is considered as an institutional property of a body of constitutional jurisdiction, which reflects its organisational and functional ability to ensure the implementation of its tasks, functions, and powers under certain conditions and resources. Indicators of the institutional capacity of the Constitutional Court are efficiency, stability, and adaptability to changes. Strengthening the institutional capacity of the Constitutional Court should take place through legal support for strengthening its independence from political influence, improving mechanisms for selecting candidates for judges, modernising constitutional proceedings, developing a mechanism for the Court's interaction with the public, and so on. The main directions of the study of the institutional capacity of the Constitutional Court are determined

scholarly journals Imunitas Hukum Bagi Notaris Yang Membuka Rahasia Jabatan

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 25
Author(s):  
Rita Permanasari ◽  
Akhmad Khisni
Keyword(s):  
Law Enforcement ◽  
Supervisory Board ◽  
Legal Protection ◽  
The Political ◽  
Constitutional Court ◽  
The Law ◽  
Notary Public ◽  
The Republic ◽  
Law Regulation

ABSTRAKKetentuan Pasal 4 dan Pasal 16 ayat (1) huruf f Undang-Undang Jabatan Notaris mewajibkan notaris untuk menjaga kerahasiaan segala sesuatu mengenai akta yang dibuatnya dan segala keterangan yang diperoleh guna pembuatan akta sesuai dengan sumpah janji jabatan kecuali undang-undang menentukan lain. Kemungkinan terhadap pelanggaran kewajiban tersebut berdasarkan Pasal 16 ayat (11) Undang-Undang Jabatan Notaris, seorang notaris dapat dikenai sanksi berupa teguran lisan sampai dengan pemberhentian dengan tidak hormat. Terlebih lagi dengan adanya putusan Mahkamah Konstitusi Republik Indonesia dengan Nomor: 49/PUU–X/2012 memutuskan telah meniadakan atau mengakhiri kewenangan Majelis Pengawas Daerah (MPD) yang tercantum dalam Pasal 66 ayat (1) UUJN membuat notaris seakan-akan tidak ada perlindungan hukum bagi notaris dalam menjalankan tugas jabatannya. Ikatan Notaris Indonesia (INI) harus berusaha menjalankan peranan pembinaan dan perlindungan meningkatkan pengetahuan, kemampuan dan keterampilan para notaris. Demikian juga menjalin hubungan dengan para penegak hukum lainnya, agar penegak hukum lainnya yang ada hubungan dengan notaris dapat memahami kedudukan notaris sesuai UUJN.Berangkat dari pemikiran inilah kewajiban ingkar notaris masih tetap dipertahankan oleh pembuat undang-undang dalam revisi Undang-Undang Jabatan Notaris Tahun 2014 yang merupakan konfigurasi kekuatan perlindungan terhadap profesi dan jabatan notaris dari sisi politik.Kata Kunci : Jabatan Notaris, Hak Ingkar, Perlindungan Hukum.ABSTRACTThe provisions of Article 4 and Article 16 paragraph (1) sub-paragraph f of the Notary's Office Law require a notary to maintain the confidentiality of all matters concerning the deeds it has made and all the information obtained for the deed in accordance with the oath of pledge of office except the law otherwise. The possibility of breach of such obligation under Article 16 paragraph (11) of Notary Law Regulation, a notary public may be subject to sanctions in the form of oral reprimands until dismissal with disrespect. Moreover, with the decision of the Constitutional Court of the Republic of Indonesia with the number : 49 /PUU-X/2012 deciding to have canceled or terminated the authority of the Regional Supervisory Board (MPD) listed in Article 66 paragraph (1) UUJN made a notary as if there was no legal protection for a notary in performing duties. The Indonesian Notary Bond (INI) should endeavor to undertake the role of guidance and protection to increase the knowledge, abilities and skills of the notaries. Likewise establish relationships with other law enforcers, so that other law enforcement who has relationship with the notary can understand the position of notary under the UUJN.Departing from this thought the obligation of notarization is still maintained by the lawmakers in the revision of the Law Regulation of Position Notary on Year 2014 which is the configuration of the strength of the protection of the profession and the notary's position from the political side.Keyword : Position of Notary, Right of Remedy, Legal Protection.

scholarly journals El Tribunal Constitucional, un balance de cuarenta años // The Constitutional Court, a balance of forty years

2018 ◽  
Vol 1 (101) ◽  
pp. 631
Author(s):  
Marc Carrillo
Keyword(s):  
Legal Protection ◽  
Political Influence ◽  
Fundamental Rights ◽  
The Other ◽  
Constitutional Court ◽  
Constitutional Interpretation ◽  
Institutional Prestige ◽  
Other Hand ◽  
The Law ◽  
Objective Meaning

Resumen:La previsión de la jurisdicción constitucional en la Constitución de 1978 ha sido un instrumento que ha reforzado su condición de norma jurídica. El indudable prestigio institucional del Tribunal Constitucional adquirido en los primeros años se ha visto reducido posteriormente por la influencia política en su composición y funcionamiento. La interpretación constitucional forma parte de la Teoría de la Constitución y los criterios hermenéuticos del empleados por el Tribunal han tenido una notable influencia en la jurisdicción ordinaria. Por otra parte, el sentido objetivo y las nuevas reglas sobre admisión del recurso individual (amparo), han permitido que el Tribunal pueda ejercer con mayor eficacia el juicio sobre la ley del Parlamento. Por otra parte, su función de garantía de losderechos fundamentales no puede ser concebida al margen del sistemaeuropeo de jurisdicción multinivel. Abstract:The provision of constitutional jurisdiction in the 1978 Constitution has been an instrument that has reinforced its status as a legal norm. The undoubted institutional prestige of the Constitutional Court acquired in the first years has been subsequently reduced by political influence on its composition and functioning. The constitutional interpretation forms part of the Theory of the Constitution and the hermeneutical criteria of the employees by the Court have had a notable influence in the ordinary jurisdiction. On the other hand, the objective meaning and the new rules on admission of the appeal for Constitutional rigth’s legal protection (amparo), has allowed the Court to exercise more effectively the judgment on the law of Parliament. On the other hand, its function of guaranteeing fundamental rights can not be conceived outside the European system of multilevel jurisdiction. Summary:1. The constitutional justice and the Constitutional Court. 2. The constitutional interpretation. 3. The control of constitutionality of the law. 4.-The objective meaning of the appeal for Constitutional rigth’s legal protection (amparo). 5. The conflicts of competences: the constitutional jurisdiction and the ordinary jurisdiction. 6. The sentence of the Constitutional Court and the Dissenting vote’s function. 

Investigative prevention of corruption crimes

2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Madina О. Kassimova ◽  
Yerbol A. Omarov ◽  
Ramazan R. Zhilkaidarov ◽  
Yerlan S. Abulgazin ◽  
Ainur A. Sabitova
Keyword(s):  
Law Enforcement ◽  
Public Institutions ◽  
Practical Significance ◽  
Public Confidence ◽  
Practical Implementation ◽  
Content Type ◽  
State Apparatus ◽  
The Republic ◽  
Real Practice ◽  
Statutory Regulation

Purpose The fight against corruption, which undermines the efficiency of the state apparatus and public confidence in public institutions, remains one of the critical present-day tasks. In this regard, the purpose of this study is to identify the available possibilities and real practice of law enforcement of the norms on investigative prevention, the practical significance of this institution and its potential. Design/methodology/approach The study investigated theoretical materials on criminological prevention, legislative norms and available law enforcement practice. Findings It was discovered that, in general, the available statutory regulation is insufficient for the full-fledged practical implementation of the potential of investigative prevention. An exception is specialised prevention, assigned as one of the main tasks to the Agency of the Republic of Kazakhstan for Combating Corruption. Proposals have been formulated to improve anti-corruption investigative prevention in other bodies of pre-trial investigation, considering the identified risks. Originality/value The uniqueness of the situation lies in the fact that the existence of the institution of investigative prevention, in fact, is limited to the post-Soviet space. The elimination of formalism in the approach to this method of crime prevention can contribute to greater efficiency in the fight against crime, including corruption.

RULES OF INTERNATIONAL LAW REGARDING APPLICATION OF THE RESULTS OF SCIENTIFIC RESEARCHES IN THE FIELD OF BIOTECHNOLOGY (ON THE EXAMPLE OF THERAPEUTIC AND REPRODUCTIVE CLONING AND HUMAN GENE EDITING) AND THEIR PATENT PROTECTION

2020 ◽  
Vol 10 (3) ◽  
pp. 199-209
Author(s):  
MARYAM AKHMADOVA ◽  
Keyword(s):  
International Law ◽  
Patent Protection ◽  
Clinical Medicine ◽  
Scientific Information ◽  
Scientific Research ◽  
Legal Protection ◽  
Legal Regulation ◽  
Hereditary Diseases ◽  
Practical Significance ◽  
High Tech

The article is aimed at highlighting a number of issues in the field of legal regulation of innovative medical technologies based on interference in the human genome and cloning (therapeutic and reproductive) in the context of international law (conventions, declarations, bilateral agreements). In this format, the author examined some international acts that created the legal paradigm for regulating scientific research in the field of study, determining the limits of the admissibility of the implementation of the indicated achievements of modern science in clinical medicine, which are designed to be an effective tool in the fight against severe hereditary diseases, etc., which potentially predetermines their demand. The focus of the author’s attention is on the patentability of these biotechnologies. The relevance of such a study is due to the range of issues addressed, since in the absence of proper regulatory regulation of the studied sphere of public relations, domestic high-tech medicine will be forced to engage in “catch-up” development. In the study, such methods of scientific knowledge were used as general scientific dialectics, formal logic and comparative legal methods. At the same time, the author proceeds from both subjective and objective presetting of processes and phenomena, and their interconnection. The novelty of the study is determined by its purpose, subject and range of sources considered. Thus, the author explores the provisions of both normative acts and documents (acts of so-called “soft law”), emphasizing the peculiarities of their legal nature. In this format, the author comes the conclusion that the system of international principles and standards, formed by the considered acts and documents, does not contain explicit permission to carry out scientific research in the biotechnology field with the subsequent commercialization of its results, which can be patented as inventions, that leads to the need to create national legal frameworks by modern states wishing to advance in this field that will result in a mosaic legal map of the world. Where innovative biotechnologies will be spread in the countries -“scientific offshores” providing loyal to these kinds of scientific researches legislation. The theoretical and practical significance of the results is determined by the fact that Russian readers will be provided with up-to-date scientific information on the state of international law in the field under study, which in practical terms will contribute to the awareness of the sufficiency (or insufficiency) of the developed international legal mechanism for regulating the sphere of biotechnology, including positions of patent and legal protection of a number of“breakthrough” biotechnologies of applied nature, and will also help to establish the unification level of domestic legislation with the approaches laid down in the studied international acts and documents.

scholarly journals Mandatory judicial constitutional review in Russia: problems of the theory and practice

2019 ◽  
pp. 67-74
Author(s):  
O. V. Brezhnev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Protection ◽  
Theory And Practice ◽  
Constitutional Court ◽  
Public Authorities ◽  
Constitutional Review ◽  
Regulatory Impact ◽  
Constitutional Legality ◽  
The Russian Federation

The paper shows the specificity of compulsory judicial constitutional review, reveals its role in the mechanism of legal protection of the Constitution of the Russian Federation. This institution is intended to guarantee constitutionality in the exercise of certain powers of the supreme state authorities, being an integral part of the legal composition of a decision made by public authorities that has constitutional significance (the application of measures of responsibility of public authorities, acceptance of a new constituent entity of the Russian Federation, convening of a referendum of the Russian Federation). In some cases, mandatory constitutional review is used as a means of ensuring constitutional legality of judicial law enforcement. The paper analyzes the features of compulsory judicial constitutional review: the emergence of a constitutional law dispute in this case is not always a prerequisite for appeal to the Constitutional Court of the Russian Federation; the need for such appeal is provided for by mandatory legislation or follows from the legal stance of the Constitutional Court of the Russian Federation; some principles of constitutional proceedings in relation to the order of consideration of such cases demonstarte their regulatory impact in a special way.

scholarly journals ORGANIZATIONAL AND STRUCTURAL SUPPORT OF OPERATIONAL AND SEARCH ACTIVITIES OF CUSTOMS AUTHORITIES

2021 ◽  
pp. 249-263
Author(s):  
Volodymyr TYTOR ◽  
Victor ZAIATS ◽  
Ihor KEKISH
Keyword(s):  
Law Enforcement ◽  
Organizational Support ◽  
International Agreements ◽  
Institutional Capacity ◽  
International Standards ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Structural Support ◽  
Legitimate Interests ◽  
The Right

Introduction. The issue of granting the customs authorities of Ukraine the right to operational-search activities (OSA), in order to improve the fight against and identify violations of customs legislation that threaten the economic, social and fiscal interests of the state and the legitimate interests of trade are analized. On this task, the legal norms and directives of international organizations of which Ukraine is a member and international agreements ratified by Ukraine were studied, and a comparison with our legislation was made. It is proposed to revise the current Ukrainian legislation on customs in the direction of combating smuggling and violations of customs rules, bring it into line with international standards and give customs authorities the right to the OSA as a full-fledged law enforcement agency. The tasks and indicators of their achievement on organizational support of the OSA in the Customs Service of Ukraine and the approximate structure of law enforcement units of the Customs Service of Ukraine are offered. The purpose of the article is to analyze international legal acts on customs, which indicate the need to provide the customs authorities of Ukraine with OSA in order to perform their functions in the fight against smuggling and violations of customs rules, in full and more effectively. This right is necessary for customs authorities not only to counter and prevent smuggling, but also for effective cooperation with customs and law enforcement agencies of other states. Methods. The methods of analysis, comparison and synthesis during the study of organizational and structural support of operational-search activities of customs authorities were used. Results. The main scientific result of the article is to identify, related to the terms of institutional capacity in the field of law enforcement of the Customs Service of Ukraine were identified and systematized, in particular, the lack of OSA in domestic customs authorities, which allowed to identify ways and prospects for their further implementation. Particular attention is paid to the need to synchronize the provisions of Ukrainian legislation with the relevant provisions of international agreements in force for Ukraine and other non-ratified by Ukraine on this issue. Perspectives. Further research on the institutional capacity in the field of law enforcement of the Customs Service of Ukraine, in the direction of organizational and structural support of operational-search activities of customs authorities, should be conducted on the basis of theoretical justification of its law enforcement powers, taking into account levels of official interaction – departmental, interagency, international.

scholarly journals The Law Enforcement of Journalism Profession in The Context of Press Freedom

Rechtsidee ◽  
2014 ◽  
Vol 1 (2) ◽  
pp. 175
Author(s):  
Sri Ayu Astuti
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Legal Protection ◽  
Press Freedom ◽  
Constitutional Court ◽  
The Press ◽  
The Law ◽  
The Public Sphere ◽  
The Right ◽  
Intellectual Level

Law No. 40 of 1999 on Press is a manifestation of respect for the legal protection of press workers . Press in their role contributes to the intellectual level of the nation, through the information submitted in news publications, as well as bringing stipulated by the 1945 Constitution of Republic of Indonesia on freedom of thought and speech as Human Rights. However, in carrying out their journalistic duties, the Press should have responsibilities in the news process, and must not violate the ethics of his profession. Press that violates profession intentionally or unintentionally in the writing and publication of news in the public sphere, will still do the law enforcement process for any misuse of the meaning of freedom of speech and thought that harm others. Enforcement of this law, in line with the revocation of the right of immunity of profession issued by the Constitutional Court, which means the Press as a Professional must do the job with the precautionary principle, not by carelessness due to the trapped arrogance of jobs, and injuring other people's human rights, even doing work profession with not commendable behavior. How To Cite: Astuti, S. (2014). The Law Enforcement of Journalism Profession in The Context of Press Freedom. Rechtsidee, 1(2), 175-190. doi:http://dx.doi.org/10.21070/jihr.v1i2.97

scholarly journals Abuse of Rights, Its Prevention and Suppression in Russian Criminal Process: Some Research Results

2018 ◽  
Vol 12 (6) ◽  
pp. 914-924
Author(s):  
Olga Andreeva ◽  
Viktor Grigoryev ◽  
Oleg Zaytsev ◽  
Tatiana Trubnikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Large Scale ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Legal Rights ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Russian Federation

The problem of abuse of rights in the criminal process is currently widely discussed by both researchers and practicing specialists. However, until today there has been no large-scale representative research of law enforcement practice or surveys of law enforcement employees focusing on this issue. The article analyzes some results of researching the practice of law enforcement. The study was conducted by the authors in 2016–2017 within the framework of the project «Abuse of Rights in the Criminal Process: Systemic and Non-Systemic Manifestations, their Prevention and Suppression». The authors studied archives of criminal cases, appeal and cassational proceedings, complaints filed under Art. 125 of the Criminal Procedure Code of the Russian Federation, complaints from the archive of the Constitutional Court of the Russian Federation, and published court judgments. The paper presents situations that were classified by law enforcers or could (according to expert evaluations) be classified as the abuse of rights by the criminal proceedings’ participants, the authors systematize the identified forms of the abuse of rights, evaluate the scale and character of these forms (systemic or non-systemic), determine causes and conditions that contributed to the emergence of some cases of the abuse of rights, describe measures of improving the criminal procedure legislation aimed at eliminating the causes of systemic abuse of rights, describe effective ways of preventing and suppressing some types of actual abusive behavior, argue that in some cases the abuse of legal rights is caused by the behavior of officials, and also that the state and law enforcers involved in a criminal case should show certain tolerance to the possible abuse of rights if it is not systemic in order to provide a maximally full legal protection of proceedings’ participants.

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

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