scholarly journals The original sources of the idea of human rights and freedoms: from Ancient times to the Renaissance.

2021 ◽  
pp. 90-97
Author(s):  
V. KAZATSKYI
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Natural Law ◽  
Ancient Greece ◽  
Legal Regulation ◽  
Ancient Rome ◽  
Ancient Times ◽  
The Moment

The article describes that the idea of human rights has ancient roots and is intertwined with the pre-modern doctrines of natural law of Ancient Greece and Ancient Rome. It is argued that in the context of the historical formation of the ideas of legal regulation of social relations, human rights and freedoms, there are certain connection, logic of succession and the moment of development. The main concepts of the theory of human rights and freedoms are revealed: human, state, right, law. Keywords: human rights, freedom, justice, society, state.

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

The Principle of Legal Certainty: whether there Can Be Gaps in the Public Law?

2020 ◽  
Vol 2(22) ◽  
pp. 29-36
Author(s):  
Maria A. Kapustina
Keyword(s):  
Social Relations ◽  
Real Life ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Order ◽  
Social Regulation ◽  
Legal Certainty ◽  
The Public ◽  
Legal Literature ◽  
The Moment

Legal regulation is caused by the necessity to provide legal order of social regulation. The legal order of regulation is provided by formal legal certainty of regulatory provisions (legal prescripts) and their legal substance. However, there exist relations, whose content, namely, subjective rights and juridical responsibilities of the parties are not strictly prescribed in the legislative norms. Because a legislator cannot foresee all the variety of social relations that may occur in real life and prescribe their formal and legal substance in corresponding legislative acts. In such cases, we usually talk about gaps in law, about the uncertainty of legal regulation. Gaps are taken for granted, considered as an obligatory element of any legal system. Nonetheless, whether there can be gaps in the public law, if in the public law sphere norms are created purposively? In public law, norms are created purposefully (with a goal in mind), public law institutions are artificially established and rationally modernized. The lack of a norm of a statute can mean the refusal of the legislator to legally regulate the question, at least at the moment. This is so-called in legal literature “qualified silence of the legislator” that should not be considered as a gap in law.

scholarly journals Private Law and Human Rights

Dixi ◽  
2020 ◽  
Vol 22 (2) ◽  
pp. 1-12
Author(s):  
Maxym Tkalych ◽  
Oksana Safonchyk ◽  
Yuliia Tolmachevska
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Social Relations ◽  
Natural Law ◽  
Point Of View ◽  
Roman Law ◽  
Western Civilization ◽  
Private Law ◽  
Freedom Of Contract ◽  
The Social

Point of view: One of the basic concepts that underlies law as a phenomenon, as well as private law as one of the two areas of law, is the concept of natural law. This concept presupposes that rights and freedoms are an inalienable good of every person, regardless of the will of any external institutions. The ideas of natural law have been expressed in the concept of private law (the fundamental principles of private law are such principles as justice, good faith, reasonableness, dispositiveness, legal certainty, inadmissibility of interference in private affairs, inviolability of property rights, and freedom of contract). Object: The subject of the study is the problems of reforming of private law in modern conditions. The object of research is the social relations that arise in the plane of «person-person» and «state-person» in modern transformation processes. Methodology: The research methodology is formed by methods of analysis, synthesis, and modeling. Additionally, logical-legal, comparative-legal forecasting methods are used. The authors of the article tried to draw a parallel between the concepts of natural law, Roman law and private law. Results and discussion: An analysis of these concepts revealed that each of them is an integral part of the concept of modern Western civilization. At the same time, in modern conditions of pandemic, deglobalization, regionalization, collapse of human rights and the very concept of Western civilization, which is based on the ideas of humanism, liberalism, absolute human rights, inviolability of property rights and respect for privacy, are under threat.

scholarly journals IMPLEMENTATION OF THE RIGHT TO HEALTH CARE IN THE COUNTRIES OF THE EUROPEAN UNION

2019 ◽  
Vol 72 (7) ◽  
pp. 1337-1342
Author(s):  
Yuliya Nazarko ◽  
Oleksandr Iliashko ◽  
Natalіa Kaminska
Keyword(s):  
Health Care ◽  
European Union ◽  
Human Rights ◽  
Social Relations ◽  
Legal Regulation ◽  
Right To Health ◽  
The European Union ◽  
Right To Health Care ◽  
Legal Standards ◽  
The Right

Introduction: The right to health is exercised through a complex system of state and social measures of legal, economic, social, scientific, cultural, educational, organizational, technical, sanitary and hygienic nature, aimed at preserving and improving the health of people , lengthening the life expectancy and working capacity, creating good living and working conditions, providing physical and mental development for children and young people, and preventing and managing illnesses and their treatment. The aim: Investigate the international legal and constitutional legal regulation of the right to health care in the countries of the European Union. Materials and methods: The article analyzes the Constitution of the European Union, a number of international legal acts and judgments of the European Court of Human Rights. Review: Each country defines the conditions for realizing the right to health care, according to which people should be healthy, the state itself assumes the obligations of the controller and the protection of this right. These provisions should primarily be enshrined in the Basic Laws - the constitutions. The main direction of state policy in reforming social relations is the achievement of European international legal standards in all spheres of public life. These standards fix the principles, guarantees of norms that determine the scope of human rights, in particular the right to health care. Conclusions: The main problem of ensuring and realizing the right to health in the European Union, as in many countries, is the financing of this industry, because in general, it is impossible to talk about free medical care in the European Union. There are also problems in the field of investment in health care. The urgent issues of primary health care and public health and the elderly dependence period.

scholarly journals Eutanasia: legal regulation in european countries and prospects for legalization in Ukraine

2021 ◽  
Vol 7 (3) ◽  
pp. 479-486
Author(s):  
Marija V. Mendzhul ◽  
Andrianna Yu. Badyda ◽  
Yuliia I. Fetko ◽  
Roman M. Fridmanskyy ◽  
Viktoriia I. Fridmanska
Keyword(s):  
Human Rights ◽  
Assisted Suicide ◽  
Slovak Republic ◽  
Legal Regulation ◽  
European Countries ◽  
Passive Euthanasia ◽  
European Court ◽  
Fundamental Freedoms ◽  
The Moment ◽  
The Right

The article is devoted to a comparative legal study of the legalization of euthanasia in European countries and Ukraine. The authors have investigated the changes in the ECHR positions in the consideration of cases of euthanasia and assisted suicide. We concluded that the decisions of the European Court of Human Rights include an attempt to guarantee a balance in the right to choose the moment of death and the rights that are protected by 2 and 8 of the Convention on Human Rights and Fundamental Freedoms. The ECHR practice has been found to also influence the legalization of euthanasia in European states. Analysis of the laws of several European states in the context of legalizing the institution of euthanasia allowed us to group them as follows: European states that have legalized euthanasia (Netherlands, Belgium, Luxembourg, Switzerland, and Spain); European states that have legalized only passive euthanasia (Great Britain, Ireland, Latvia, Norway, Slovak Republic, Finland, Sweden, and Hungary); and European states that prohibit any kind of euthanasia (France, Poland, Romania, etc.).

scholarly journals ARTIFICIAL INTELLIGENCE’S ALGORITHMIC BIAS: ETHICAL AND LEGAL ISSUES

2021 ◽  
pp. 488-515
Author(s):  
Yu. S. Kharitonova ◽  
◽  
V. S. Savina ◽  
F. Pagnini ◽  
◽  
...  
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Human Rights ◽  
Social Relations ◽  
Legal Regulation ◽  
Unintended Consequences ◽  
Ethical Principles ◽  
Individual Autonomy ◽  
Fair Competition ◽  
Algorithmic Bias

Introduction: this paper focuses on the legal problems of applying the artificial intelligence technology when solving socio-economic problems. The convergence of two disruptive technologies – Artificial Intelligence (AI) and Data Science – has created a fundamental transformation of social relations in various spheres of human life. A transformational role was played by classical areas of artificial intelligence such as algorithmic logic, planning, knowledge representation, modeling, autonomous systems, multiagent systems, expert systems (ES), decision support systems (DSS), simulation, pattern recognition, image processing, and natural language processing (NLP), as well as by special areas such as representation learning, machine learning, optimization, statistical modeling, mathematical modeling, data analytics, knowledge discovery, complexity science, computational intelligence, event analysis, behavior analysis, social network analysis, and also deep learning and cognitive computing. The mentioned AI and Big Data technologies are used in various business spheres to simplify and accelerate decision-making of different kinds and significance. At the same time, self-learning algorithms create or reproduce inequalities between participants in circulation, lead to discrimination of all kinds due to algorithmic bias. Purpose: to define the areas and directions of legal regulation of algorithmic bias in the application of artificial intelligence from the legal perspective, based on the analysis of Russian and foreign scientific concepts. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods such as the legal-dogmatic method and the method of interpretation of legal norms. Results: artificial intelligence has many advantages (it allows us to improve creativity, services and lifestyle, to enhance the security, helps in solving various problems), but at the same time it causes numerous concerns due to the harmful effects on individual autonomy, privacy, and fundamental human rights and freedoms. Algorithmic bias exists even when the algorithm developer has no intention to discriminate, and even when the recommendation system does not accept demographic information as input: even in the absence of this information, due to thorough analysis of the similarities between products and users, the algorithm may recommend a product to a very homogeneous set of users. The identified problems and risks of AI bias should be taken into consideration by lawyers and developers and should be mitigated to the fullest extent possible, both when developing ethical principles and requirements and in the field of legal policy and law at the national and supranational levels. The legal community sees the opportunity to solve the problem of algorithmic bias through various kinds of declarations, policies, and standards to be followed in the development, testing, and operation of AI systems. Conclusions: if left unaddressed, biased algorithms could lead to decisions that would have a disparate collective impact on specific groups of people even without the programmer’s intent to make a distinction. The study of the anticipated and unintended consequences of applying AI algorithms is especially necessary today because the current public policy may be insufficient to identify, mitigate, and remedy the effects of such non-obvious bias on participants in legal relations. Solving the issues of algorithmic bias by technical means alone will not lead to the desired results. The world community recognizes the need to introduce standardization and develop ethical principles, which would ensure proper decision-making with the application of artificial intelligence. It is necessary to create special rules that would restrict algorithmic bias. Regardless of the areas where such violations are revealed, they have standard features of unfair behavior of the participants in social relations and can be qualified as violations of human rights or fair competition. Minimization of algorithmic bias is possible through the obligatory introduction into circulation of data in the form that would not allow explicit or implicit segregation of various groups of society, i.e. it should become possible to analyze only data without any explicit attributes of groups, data in their full diversity. As a result, the AI model would be built on the analysis of data from all socio-legal groups of society.

scholarly journals Development of theoretical and legal approaches to understanding the essence of somatic human rights in the process of biomedical research

2021 ◽  
pp. 6-15
Author(s):  
Dmytro Bielov ◽  
Myroslava Hromovchuk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Social Relations ◽  
Biomedical Research ◽  
Comparative Method ◽  
Legal Regulation ◽  
Functional Method ◽  
Legal Issue ◽  
Historical Period ◽  
Legal Method

It is pointed out that theoretical ideas about the relationship between man and the field of biomedical research inevitably affect the coverage of aspects that are not reduced to the subjects of constitutional and legal regulation. Accordingly, it was methodologically unjustified to limit the idea of realization of somatic rights of citizens only to the analysis of the norms of constitutions. The essence of the implementation of somatic rights of citizens in the process of biomedical research as effective elements in the development of society and in accordance with one category of constitutional law determines the need to review them from the standpoint of ontology, epistemology and axiology of rights. Thus, studies of these complex relationships do not take into account that they determine approaches to their knowledge, explore the order and principles of their implementation and protection, socio-legal "existence", analyze the value of political and legal image. Certainly, in order to create a reliable modern scientific foundation for understanding the essence of somatic human rights in the process of biomedical research, it is advisable to influence historical excursions in the specialty that studies a particular legal issue, constitutional and legal foundations of individual somatic rights, , on the basis of and formulated previously existing and current legislation. This will exclude certain trends in the development of both legal doctrine and rule-making activities, the results of which are a thorough improvement of current legislation of Ukraine, including codified content, solve certain problems while opening ways to solve them in different historical periods to avoid in the future. negative and borrow positive experiences. The authors argue, based on the analysis of theorists of state and rights, constitutionalists, natives who are involved in the study of somatic human rights, religious scholars who can achieve the result that the historiography of somatic human rights in biomedical research in the broad scientific field of knowledge development of constitutional and legal science and its regularities; in the narrow sense, it is a set of works on various problems of the history of modern constitutionalism, human rights, the influence of religion on human rights and the mechanism of their implementation and protection in a certain historical period. At the same time, the aim of the work is to study the constitutional and legal principles and the influence of various factors on the mechanism of realization of somatic rights in the process of biomedical research. The methodological basis of the study was the worldview dialectical, general scientific and specific scientific methods of cognition of the phenomena of state and legal reality. Thus, in particular, formal-logical methods of analysis and synthesis allowed to reveal the content of the concepts that make up the subject of research, to classify them, as well as to formulate intermediate and general conclusions. The systematic method allowed to study the role and significance of somatic human rights among other human and civil rights and freedoms. Using the historical method, the doctrinal basis of the study was analyzed, and the main stages of the formation of biomedical research with human participation were identified. The structural-functional method allowed to clarify the internal structure of the mechanism of constitutional and legal support of somatic rights and freedoms of man and citizen in the process of biomedical research, as well as to determine the functional purpose of each element of this mechanism. The content of legal regulations governing social relations, within which the organization and functioning of the mechanism of protection of somatic human rights in the process of biomedical research, was revealed using a special legal method of cognition. The comparative method made it possible to identify similar features and differences in the constitutional and legal regulation of the mechanism of protection of somatic human rights in the process of conducting biomedical research.

scholarly journals Some Issues Related to the Implementation of the Right to Protection by Individuals in Respect of Whom Criminal Proceedings Are Carried Out to Prove Them Guilty of Committing a Crime

2021 ◽  
Vol 15 (2) ◽  
pp. 396-404
Author(s):  
OL’GA P. ALEKSANDROVA ◽  
LYUDMILA YU. BUDANOVA
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Defense Attorney ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Standards ◽  
The Status ◽  
The Moment ◽  
The Right

Introduction: the article deals with the issues of protection of the rights and freedoms of persons against whom criminal proceedings are carried out to prove them guilty of committing a crime; these issues have always been in the focus of attention of the progressive world community and the legislator. Aims: to analyze the legislation and law enforcement practice of Russia and some other countries in the field of the implementation of the right to protection by persons against whom criminal procedural activities are carried out to prove them guilty of committing a crime, to identify problem issues of a legal nature in this field, and to formulate scientifically substantiated recommendations to address them (minimization). Methods: the dialectical method of scientific knowledge forms the methodological basis of our study. We also use the following methods of scientific cognition: systematic, formal-logical, comparative-legal, etc. Results: the practice of ensuring the right to protection from suspicion or charge, including the decisions of the European Court of Human Rights, shows that not all issues of legal regulation in this area have been resolved to a degree that satisfies science and practice; human rights established by international legal standards are still being violated, the principle of adversarial parties in criminal proceedings is not implemented to the fullest extent, especially in pre-trial proceedings. Discussion: currently, the following issues are debatable: about the possibility of participation of the defender before an official suspicion or charge is brought against the person in an initiated criminal case (from the moment of the beginning of the implementation of procedural actions against a person, aimed at verifying the report of a crime and the involvement of the person in the commission of this crime, before the initiation of a criminal case, as well as from the moment of the implementation of a procedural action in an initiated criminal case affecting the rights and freedoms of the person against whom it is being carried out, and aimed at proving them guilty of committing the crime); about the possible participation of another person as a defender upon the request of the defendant, as well as the scope of the requirements such persons should comply with, and a set of criteria, according to which a decision should be made to allow the individual who does not have the status of defense attorney to act as a defender. Conclusions: based on the results of the study, we formulate proposals for improving the criminal procedure legislation aimed at expanding the scope of possible participation of a defender in criminal proceedings at the stage before the official suspicion or charge is brought, and determining the procedure for considering applications for allowing other persons who do not have the status of defense attorney to act as a defender. Keywords: Criminal prosecution; defender; defense attorney; petition

scholarly journals FORENSIC ACTIVITY AS AN OBJECT OF ADMINISTRATIVE AND LEGAL REGULATION

2020 ◽  
Vol 21 (1) ◽  
pp. 267-280
Author(s):  
I. Ovsiannykova
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Social Relations ◽  
Legal Regulation ◽  
The Rule Of Law ◽  
The Social ◽  
European Standards ◽  
Stable Development ◽  
Society Today

Any society today is a system consisting of certain objects and entities that constantly interact with each other, it requires introducing an effective social and administrative mechanism that would timely regulate the social relations and norms of participants’ behavior of such relationships, maintain their organization, orderliness and stable development, contributing to proper regulatory order.   Observing the political steps of the Ukrainian government along the path of European standards, we can argue about the actualization of democratic values implementation and the establishment of an effective state power system, where the content and focus of the state determine human rights and freedoms.   Considering the above, the analysis of problematic issues arising during the study of the administrative regulation effectiveness of forensic activities is an urgent need today.   Based on the analysis of scientific sources and Ukrainian legislation, forensic activity in the article is considered as one of the administrative and legal regulation objects, the purpose of which is to establish the rule of law and strengthen institutions at all levels in the field of management in general and in law enforcement and judicial authorities in particular on the basis of the principle of human rights and fundamental freedoms respect. It should also be borne in mind that forensic science occupies a special place in implementation of the principle of rule of law and citizens’ rights and freedoms protection, since the effective functioning of the constitutional foundations of the entire human rights system of power in Ukraine largely depends on it. Thus, the current legislation of Ukraine, as part of the ongoing legal reform, should be aimed at enhancing the role and reassessing the importance of forensic examinations institution, without which investigation of the case cannot be effectively carried out and the crime solved.

scholarly journals Liberalism and Modern Law of Information Age

2020 ◽  
pp. 329-336
Author(s):  
Mariia MUZYKA
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Social Life ◽  
Information Age ◽  
Legal Regulation ◽  
Classical Liberalism ◽  
Legal Doctrine ◽  
Power Rule ◽  
Distribution Of Power ◽  
The Impact

The article is dedicated to the relevant issues of modern legal regulation of the social relations in the light of correlation of main ideas of liberalism and modern sociocultural realia. Liberalism as a concept is not unambiguous in its content, and therefore the use of this concept in each case depends on the context. It is proved that within several centuries the mankind has been establishing its legal life in the framework of liberal and legal doctrine. Liberalism determines freedom, equality, democracy and human rights as the major law-making values. It is traced how the ideas of classical liberalism (system of basic, interconnected principles of personal freedoms, inalienability of the natural rights, limited control, private ownership, distribution of power, rule of law, etc.) are reconsidered under the impact of the objective social factors and through the transformation are adjusted to the new conditions and are overhauled in the modern discourse. Modern period is characterized by the inconsistency between the fundamental provisions of liberalism, its values, and social life realia. Such inconsistency is determined by the specificity of information society, which is evident in the fact that the legal and juristic institutes of guaranteeing, insurance and protection of the mentioned values are not adjusted enough to the new realia. It is shown that the central dichotomy for modern European legal philosophy is the relationship between freedom as a liberal value and the phenomenon of total control over man, and because human rights are necessary to protect individual freedom in classical liberalism, while modern liberalism stands for guarantees and freedoms of individuals. The author underlines that in contrast to the doctrines of communism and fascism, liberalism preserves its vital force due to this flexibility, ability to adjust to the new social conditions which is testified to by various modifications of liberalism (classical, non-classical, neoliberalism). The article also addresses the issue of the «new human rights» in the information age and its correlation with the major liberal values of freedom and equality. The author also emphasizes the updating of the classical legal institutes in the 20th-21st centuries, i.e., the e-democracy phenomenon.

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