Strategic guidelines of ethno-national policy of Ukraine: Political and legal aspects

2021 ◽  
Vol 28 (4) ◽  
pp. 51-61
Author(s):  
Valentyna V. Dudchenko ◽  
Yuliia V. Tsurkan-Saifulina ◽  
Kostiantyn M. Vitman ◽  
Iryna O. Kresina ◽  
Oleksiy V. Kresin
Keyword(s):  
Policy Development ◽  
National Policy ◽  
Legal Framework ◽  
Legal Aspects ◽  
The State ◽  
International Standards ◽  
National Minority ◽  
State Budget ◽  
National Minorities ◽  
The Right

Problems and unresolved issues in the field of the Ukrainian political nation consolidation and national minorities rights protection are analysed. The normative legal acts regulating ethno-national relations in Ukraine are analysed. The necessity of reforming the ethno-national legislation, elimination of declarative, contradictory and conflicting norms is proved. Threats caused by separatist manifestations are shown. The main values, guidelines and directions of the Ukrainian state ethno-national policy development are determined. The creation of a legal framework for ethnocultural autonomy in Ukraine will contribute to the formation of an effective system of protection of the rights of citizens belonging to national minorities in Ukraine, which will meet international standards in the field of protection of national minorities. , and will allow to approximate the legislation of Ukraine in the field of protection of the rights of national minorities to the EU law. Each national minority will have the right to create its own ethnocultural (extraterritorial) autonomy in order to address the issues of preservation and development of ethnocultural identity without requirements and claims to the state and the state budget. This will eliminate the declarativeness of the relevant legislation, increase the level of self-organization of national minorities, redirect ethno-territorial requirements to ethnocultural, promote harmonization of ethno-national relations and interethnic harmony in Ukraine, consolidation of Ukrainian society into a political nation based on common citizenship

To the Concept of Asylum. Right or Duty of the State?

2020 ◽  
Vol 17 (4) ◽  
pp. 65-74
Author(s):  
Olga O. Semyonova
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
The State ◽  
International Standards ◽  
Human Right ◽  
Analysis And Synthesis ◽  
The Status ◽  
Protection Of Human Rights ◽  
Definition Of ◽  
The Right

Introduction. The article is devoted to the concept and legal characteristics of asylum. The relevance of the topic is due to the eclectic character of the research available in the literature on this issue. Purpose. Definition of the concept of asylum, as well as research on whether asylum is a right or an obligation of the state. Methodology. The study of problems was carried out on the basis of scientific analysis and synthesis, formal-logical, system, comparative-legal methods, the method of interpretation of law, etc. The theoretical basis of the research is the scientific works of domestic and foreign legal scientists, practicing lawyers in the field of general theory of state and law, public international law, constitutional law of Russia and Germany. Results. Asylum should be considered in three aspects: as a legal institution, as a form of protection of human rights, and as a legal position. Asylum as a form of protection is the temporary territorial protection of fundamental human rights granted by the state to a refugee (as defined in the 1951 Convention relating to the status of refugees), whose main characteristics are security, dignity, fundamental human rights and freedoms, family unity and confidentiality. The human right to asylum as temporary protection is a fundamental human right. The provision of permanent protection and integration in the state of asylum is the sovereign right of states. Conclusion. For the effective functioning of the asylum system in Russia and to avoid conflicts in law enforcement practice, it is necessary to consolidate the concept of asylum at the legislative level. When improving the legal framework for granting asylum in Russia, it is necessary to take into account the following characteristics of the right to asylum in accordance with international standards and to provide legal guarantees for granting asylum on a temporary basis.

Legal framework of economic diplomacy in Russia

2021 ◽  
Author(s):  
Andrey A. Naryshkin
Keyword(s):  
Economic Activity ◽  
Legal Status ◽  
Foreign Currency ◽  
Legal Framework ◽  
The State ◽  
Social Needs ◽  
International Standards ◽  
Foreign Markets ◽  
State Budget ◽  
Economic Diplomacy

Economic diplomacy is the most important tool for the state and entrepreneurs in their foreign economic activity. It provides not only foreign contracts (including for the supply of large firms) and the inflow of foreign currency, but also investments attraction, which contributes to its development. Profit received from foreign economic activity goes to the state budget with taxes and then directed to social needs improving citizens welfare. Diplomatic relations between different countries are based on international conventions on diplomatic intercourse covering the diplomatic agent’s legal status. International trade agreements regulate international standards and procedures for goods carried from country to country, as well as dispute processes arising at the supranational level. International agreements forming conditions for Russian companies’ operations in the foreign markets and for the work of foreign investors in Russia. All foreign markets activities are regulated by legal acts. Such regulation is aimed to ensure goal-setting, simplicity and transparency of domestic entrepreneurs and foreign counterparties interaction and to reduce the risks of dependency on foreign markets and counterparties. This article reviews the Russian legal economic diplomacy basis, key strategic documents covering this area. Also, proposals to improve the legal framework for foreign representations promoting Russia's foreign economic interests abroad are done. Analyzing official statistics, the article examines the practical effect of the main strategic documents. All these measures are aimed to ensure comfortable working conditions for Russian manufacturers of various goods and services on foreign markets.

scholarly journals The Agreement between Serbia and Hungary on the Protection of National Minority Rights –Revision Welcomed

2021 ◽  
Vol 60 (3) ◽  
pp. 296-316
Author(s):  
Katinka Beretka ◽  
Tamás Korhecz
Keyword(s):  
Legal Protection ◽  
Minority Rights ◽  
Legal Framework ◽  
The State ◽  
National Minority ◽  
Bilateral Agreements ◽  
National Minorities ◽  
Bilateral Agreement ◽  
Legal Remedy ◽  
Judicial Protection

This paper analyzes the bilateral agreement on the reciprocal protection of minorities that Serbia has signed with Hungary. The provisions of this agreement is examined, with the application of the legal-dogmatic, descriptive and comparative legal methods, and compared with the corresponding provisions in other bilateral agreements that Serbia has signed with neighboring countries, as well as with the provisions on the protection of the rights of persons belonging to national minorities as stated in the Constitution and laws of Serbia. The study pays special attention to the work of the mixed government commission; the state authorities’ measures regarding the implementation of the agreement and the judicial protection. There is the formulation some recommendations through which this legal instrument could become a more effective legal remedy for the protection of national minorities. This analysis seeks an answer to the question of to what extent the bilateral agreement has contributed to the international and domestic legal framework for the legal protection of national minorities in Serbia, and whether it is today mainly a political instrument without particular legal relevance.

scholarly journals Restrictions of the right of free movement on the territory of the country during the state of emergency, caused by the Sars-Cov-2 pandemic

2021 ◽  
Vol 16 (2) ◽  
pp. 12-62
Author(s):  
Raina Nikolova
Keyword(s):  
Crisis Management ◽  
Emergency Situation ◽  
Legal Framework ◽  
Central Executive ◽  
The State ◽  
Free Movement ◽  
Legal Basis ◽  
State Of Emergency ◽  
The Right

The article analyzes the Bulgarian administrative legal framework on emergencies (state of emergency, crisis management and overcoming, emergency situation and emergency epidemic situation). It indicates the temporary restrictions of the right of free movement of the citizens provided in the legislation. The article discusses the competence of the central executive authorities, interdepartmental bodies and territorial authorities (regional governors and mayors) to deal with a pandemic. The article discusses also the legal basis and justifications for the introduction of the curfew by some of the regional governors and mayors during the state of emergency, caused by SARS-CoV-2 (COVID-19).

Part I Rationales for State Aid Rules, 3 Evolution of State Aid Rules: Conceptions, Challenges, and Outcomes

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
Economic Integration ◽  
Action Plan ◽  
National Policy ◽  
Legal Framework ◽  
State Aid ◽  
The State ◽  
Soft Law ◽  
Policy Objectives ◽  
The One ◽  
Supranational Level

This chapter looks at the evolution of the legal framework for State aid during the past six decades of economic integration and addresses State aid rules in the context of balancing national policy objectives with the necessity to review aids at a supranational level. A dual trend emerges from the evolution of State aid rules over the last sixty years. On the one hand, the Court of Justice has played a key role in establishing new principles and designing rules governing State aid. In parallel, the Commission also acts as a rule-maker, by introducing relevant soft law and regulatory texts. In this context, the adoption of the Procedural Regulation in 1999 can be regarded as a turning point in the codification and development of State aid rules. The development of State aid is, however, not completed, as reflected in the last reforms of the State Aid Action Plan and the State Aid Modernization initiative.

NATIONAL EDUCATION IS THE MAIN GUARANTEE OF ESTABLISHING NATIONAL ELITE

2019 ◽  
pp. 89-94
Author(s):  
Mykola Zhulynskiy
Keyword(s):  
Private School ◽  
Native Language ◽  
Language Education ◽  
The State ◽  
Political Elite ◽  
Systematic Analysis ◽  
National Education ◽  
National Minorities ◽  
State Archives ◽  
The Right

In the article, the scientist focuses on the goal of education – the formation of a leading strata of the Ukrainian people – intellectuals, the national elite. The article states that the national character is formed only by the national school. The purpose of education is defined - formation of the leading layer of the Ukrainian people - intellectuals, national elites. It is noted that a conscious volyn political elite was formed. In a systematic analysis of archival sources, the author notes that in the State Archives of Ternopil region (fund 351) you can learn about the teachers of the gymnasium: the director and teacher of Latin Sergey Ulianovich Milyashkevich, professor of general history, geography and Latin Andrei Kutsa, professor of Ukrainian language and literature Victor Gnazhevsky , teachers of religion (Yuriy Ivanitsky), natural sciences and arithmetic (Luka Skibinetsky), manual labor, calligraphy and drawing (Vasyl Doroshenko), French and German; (Katerina Milyashkevich), teacher of mathematics. Physics and Chemistry (Vasyl Kavun). Describing the preconditions for the emergence of Ukrainian gymnasiums in Volyn, the author notes that at that time in the late 1920's Volyn voivodship operated 1144 schools, of which 390 were late saturdays, 750 Polish and only 4 schools with Ukrainian language education. The state program of assimilation of national minorities (the Ukrainian minority in the Second Common Polish Commonwealth was the second largest national group after the Poles, accounting for about 15% of the total population) in Volhynia was through compulsory school education in the spirit of the Propolis ideology. At the same time, Ukrainians sought to uphold the right to open schools with their native language of instruction even in those areas where they were quantitatively prevailing. This was guaranteed to the Ukrainians by the Polish Constitution of 1921. (Articles 110-111), but in reality it was extremely difficult to achieve this. Even the opening of a Ukrainian private school required a lot of effort - only with the permission of the minister of religion and public education. Kremenets Gymnasium, as well as Lutsk, as well as Rivne (arose thanks to the "Enlightenment" of 1923), nourished the native language, professed Orthodox traditions, revered outstanding national figures, leaders of the nation. It is from this angle that the role of the Ukrainian Gymnasium in Kremenets is shown, along with similar gymnasia in Lutsk and Vinnitsa in the formation of the secular and spiritual national consciousness of the Ukrainian intelligentsia, who later worked on asserting the statehood, including in the UPA ranks, for the development of the Ukrainian national culture.

scholarly journals The right to private communication using telecommunication means: National and international legal aspects of protection

2019 ◽  
Vol 68 ◽  
pp. 01021
Author(s):  
Olexandr Panasiuk ◽  
Larysa Grynko ◽  
Anna Prokhazka
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Legal Aspects ◽  
The State ◽  
European Countries ◽  
European Convention ◽  
Private Communication ◽  
Criminal Proceedings ◽  
The Right ◽  
Case Basis

Today's challenges dictate the need to strengthen the national and international legal mechanisms for the protection of personal data and the right to private communication. However, considered rights are not absolute. Legitimate restriction of guaranteed rights is possible, since these means of communication are a powerful tool in the investigation and disclosure of hard/very hard crimes, including transnational ones, especially considering the terrorist threats to Ukraine and other European countries. The possibility of restricting human rights, arising from the guarantees enshrined in the European Convention on Human Rights and consistently enshrined in the ECHR, demands from the state the least compulsory guarantee while interfering with the rights of individuals – to act “in accordance with the law”. Law protection of personal data and right to privacy are researched in the context of peculiarities of conducting investigative (search), secret investigative (search) and other procedural actions in criminal proceedings, which concern access to some telecommunication means (e.g., smartphones). Taking into account different functional purposes of technical means of telecommunication, access and collecting of evidence contained therein, should be carried out on a case-to-case basis, in a different procedural form, considering specifics of telecommunication technologies in each particular case.

How Arbitrary Was Tsarist Administrative Justice? The Case of the Zemstvos Petitions to the Imperial Ruling Senate, 1866–1916

2006 ◽  
Vol 24 (1) ◽  
pp. 1-43
Author(s):  
Natasha Assa
Keyword(s):  
Fundamental Principle ◽  
Legal Framework ◽  
The State ◽  
Government Officials ◽  
Public And Private ◽  
Administrative Litigation ◽  
The Public ◽  
Administrative Power ◽  
The Right ◽  
Administrative Justice

One of the key principles of the modern legal state (Rechtsstaat) is the right of all citizens to seek judicial protection against unlawful acts of government officials. It stems from the fundamental principle of the rule of law that asserts that all citizens, including state officials, are equal before the law and have the right to a fair trial. Within this legal framework a distinct field of law, “administrative justice,” governs public litigation against state officials. Its domain of jurisdiction reflects complex philosophical and legal distinctions between the public and private spheres in the modern state. As legal scholars and philosophers continuously redefine the boundary between the public and private spheres, the prerogatives of government officials over the rights of private citizens continue to evolve. The key questions in the debate are as follows. Should the state guarantee an undisputed precedence of citizens’ rights over administration or should it protect its officials from widespread litigation and therefore grant them a certain degree of immunity? Should ordinary courts and laws decide disputes between government officials and private individuals, or should the state provide separate norms, judges, and procedures for administrative litigation? Should punishment for misuse of administrative power be equal to that of the breach of civil or criminal laws? Who and to what extent should be made liable for any damages incurred through misuse of administrative power?

scholarly journals Legal Aspects of Participation Practices in the Albanian Education Context

2020 ◽  
Vol 72 (1) ◽  
pp. 94-108
Author(s):  
Heliona Miço ◽  
Manjola Zaçellari Lumani
Keyword(s):  
Educational System ◽  
Education System ◽  
Legal Framework ◽  
Legal Aspects ◽  
International Standards ◽  
Communist Regime ◽  
National Council ◽  
Government School ◽  
Rights Of The Child ◽  
Children And Parents

AbstractThe article aims to provide an analysis of Albanian legislation regarding children’s and parents’ participation in education, by taking into account their respective roles and duties as known in the legal framework, as well as their on-going functional role as participants in practice. This research will analyse Albanian legislation and policies as regards the educational system, shedding light on the steps needed to be taken towards achieving international standards regarding the promotion of the participation of children and parents in education. Albania was under a communist regime, in which parental participation in the educational system was extremely limited and information given to parents was only regarding the progress of their child. After the fall of this monist regime changes did not happen immediately in the Albanian education system. The Convention on the Rights of the Child was one of the first international instruments ratified by the Albanian government focusing on the sanctioning and protection of the rights of the child, in a time when these rights were considered non-existent. Sanctioning the right of the child to express freely his or her own views in various issues where the child’s opinion is necessary requires that Albanian legislation includes the participation of children in every field especially in education. A general principle of the Convention is that the child’s right to be heard be considered as one of the four principles needed for the interpretation of all other articles. Research also demonstrates that effective schools have high levels of children’s and parental involvement. Despite the fact that legal steps have been taken towards recognition of the involvement of children and parents in education creating bodies such as the pupils’ government, school boards, parental councils, and lately the national council of parents, there are still unclear legal ways to implement their participation in the Albanian education system. In order to make participation possible, first and foremost, it is important to provide information regarding school activities, processes and decisions which must be transmitted to the children and parents, by creating routes of communication. This can be achieved by setting up some useful mechanisms that promote children’s and parents’ participation in education.

scholarly journals An Integrated Approach to Redistribution: Issues of Policy, Economics and Information

2021 ◽  
Author(s):  
◽  
Mark Prebble
Keyword(s):  
New Zealand ◽  
Policy Development ◽  
Personal Information ◽  
Integrated Approach ◽  
Well Being ◽  
The State ◽  
Philosophical Foundations ◽  
The Government ◽  
The Individual ◽  
The Right

<p>This thesis considers how best to administer redistribution policies. It focuses particularly on the information needed to assess relative circumstances, the implications of the government collecting such information, and processes by which the appropriate information may be assembled and assessed. In New Zealand, as with many other OECD nations, the Government's redistribution policies are administered through a range of different agencies, with duplication in some areas and gaps in others. An integrated approach to redistribution systems may offer a means to improve equity and efficiency. Part One discusses the assessment of relative well-being, and adopts the choice set as the intellectual device for this purpose. The time period for the assessment of income is examined in detail, with the conclusion that a long period should be used except where the individual is constrained to operate under a short time horizon. A new concept of "bankability" is developed as a means of identifying those operating under such constraints. Part Two uses the philosophical foundations of the value of privacy to develop a new statement of the right to privacy, such that everyone should be protected against the requirement to divulge information, unless that information is the "business" of another party. A view on the business of the state depends on one's ideology of the state. Since it is generally accepted in New Zealand in the late twentieth century that the state has a role in redistribution, the state has some right to collect information for that purpose. However, the rights of the state are moderated by the existence of a common law tradition of respect for individuals. A set of criteria for evaluating redistribution systems is devised in Part Three. These criteria, which include consideration of the information to be collected, individual control over personal information, and administrative simplicity, are then used to identify significant weaknesses in the systems currently used in New Zealand. The main problems identified are the collection of inadequate information, duplication, and complex institutional structures; the main virtue of the current systems is that information provided is only used for the purpose for which it was provided. An alternative approach is outlined which would address the problems while retaining the current protection of privacy interests. This thesis is a mix of inter-disciplinary academic enquiry and policy development. Part One is an amalgam of economic and philosophical approaches, Part Two involves philosophy and politics, and Part Three applies the theoretical considerations to issues of public administration.</p>

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