scholarly journals Ensuring Human Rights in Ukraine: Problematic Issues and Ways of their Solution in the Social and Legal Sphere

2020 ◽  
Vol 37 (64) ◽  
pp. 124-136
Author(s):  
Yevhen Leheza ◽  
Tatiana Filipenko ◽  
Olha Sokolenko ◽  
Valerii Darahan ◽  
Oleksii Kucherenko
Keyword(s):  
Human Rights ◽  
Integrated Approach ◽  
Unified Approach ◽  
Legal Norms ◽  
The Social ◽  
Political Forces ◽  
Protection Of Human Rights ◽  
The Stability ◽  
Development Prospects

The article discusses some complex factors influencing the process of realization of human rights in Ukraine, highlights the unified approach to the classification of legal norms that exercise human rights and freedoms, as well as problems and development prospects. Now the real protection of human rights is one of the most acute problems of the Ukrainian reality. It serves as one of the most important tasks, not only for the functioning but also for the existence of the Ukrainian state. Therefore, it should be borne in mind that guaranteeing respect for human rights in Ukraine is only possible through effective reform of the power system and compliance with an integrated approach to guarantee human rights, both by the State and by society. civil. It is concluded that guaranteeing the general enjoyment and enjoyment of human rights is a matter of co-responsibilities, which is why it is also negatively affected by the rigid opposition of the political forces, which undermines the stability of society, the stability of the constitutional order. While increasing the low level of legal culture of officials and citizens.

scholarly journals Ensuring Human Rights in Ukraine: Problematic Issues and Ways of their Solution in the Social and Legal Sphere

2020 ◽  
Vol 37 (64) ◽  
pp. 124-136
Author(s):  
Yevhen Leheza ◽  
Tatiana Filipenko ◽  
Olha Sokolenko ◽  
Valerii Darahan ◽  
Oleksii Kucherenko
Keyword(s):  
Human Rights ◽  
Integrated Approach ◽  
Unified Approach ◽  
Legal Norms ◽  
The Social ◽  
Political Forces ◽  
Protection Of Human Rights ◽  
The Stability ◽  
Development Prospects

The article discusses some complex factors influencing the process of realization of human rights in Ukraine, highlights the unified approach to the classification of legal norms that exercise human rights and freedoms, as well as problems and development prospects. Now the real protection of human rights is one of the most acute problems of the Ukrainian reality. It serves as one of the most important tasks, not only for the functioning but also for the existence of the Ukrainian state. Therefore, it should be borne in mind that guaranteeing respect for human rights in Ukraine is only possible through effective reform of the power system and compliance with an integrated approach to guarantee human rights, both by the State and by society. civil. It is concluded that guaranteeing the general enjoyment and enjoyment of human rights is a matter of co-responsibilities, which is why it is also negatively affected by the rigid opposition of the political forces, which undermines the stability of society, the stability of the constitutional order. While increasing the low level of legal culture of officials and citizens.

Making Human Rights a Reality

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
International Law ◽  
World Population ◽  
International Human Rights Law ◽  
Legal Norms ◽  
Human Rights Protection ◽  
National Human ◽  
The World ◽  
Protection Of Human Rights ◽  
National Human Rights Institutions

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.

scholarly journals CLASSIFICATION OF CRIME OBJECTS IN THE CONCEPTUAL POSITIONS OF THE THEORY OF STATE AND LAW

2019 ◽  
pp. 22-25
Author(s):  
O. H. Panchenko
Keyword(s):  
Social Relations ◽  
Direct Object ◽  
Legal Norm ◽  
Legal Norms ◽  
The Social ◽  
Specific Object ◽  
Categorical Classification ◽  
General Object ◽  
Single Set

The article examines the specifics of the philosophical and legal classification of crime in the conceptual positions of the theory of state and law. The categorical classification of the objects of the crime system as structured vertically and structured horizontally, which allowed distribution of crimes directly, kind, generic, general, was analyzed. It is shown that the general object of the crime is traditionally in the conceptual positions of the theory of state and law called the whole set of social relations, which are protected by criminal law. The generic object of the crime is a certain circle of homogeneous economic, social, political content of social relations, which, for some reason, should be protected by a single set of legal norms. It is made general that the specific object of a crime is a set of social relations within the generic object, which reflect the same interest of the participants in such relations or express though the nonidentical, but closely interrelated interests. The direct object of the crime is those specifically social relations, set by the legislator under the protection of a certain legal norm. It is shown that structured horizontal objects of crime are distributed directly to the main and directly additional. It is traced that under the direct object of the crime is understood those social relations, the violation of which is the social content of the crime and for the protection of which there is a legal norm, which implies responsibility for the commission of the crime. Under the direct additional object of the crime are those social relations, the encroachment on which does not constitute the content of the crime, but the commission of such a crime is always caused damage. It is concluded that the study of the concept of crime within the conceptual concepts of the theory of state and law is justified by the subject of its study. The fundamental questions in this context arose the problem of what exactly is the legal facts, which, depending on the result, can be classified categorically into legal, lawful, and law-stopping. It is proved that the most important is the distribution of legal facts by their individual connection with the participants in the legal relationship. Thus, according to the categorical regularity of concepts of the theory of state and law, wrongful actions are divided, first, into offenses, that is, crimes and misdemeanors; and secondly, on objectively unlawful acts.

Do Discrimination and Inequality Exist in the Russian Legal System? International Law, National Legislation and Judicial Practice

2009 ◽  
Vol 34 (3) ◽  
pp. 211-238
Author(s):  
Sergei Iu. Marochkin
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal System ◽  
Legal Norms ◽  
Judicial Practice ◽  
Administration Of Justice ◽  
Russian Constitution ◽  
Protection Of Human Rights ◽  
Negative Phenomena ◽  
Law Making

AbstractIn this article, the author discusses the problem of ensuring equality and non-discrimination in a legal system. Equality and non-discrimination constitute universally recognized standards in the protection of human rights. At the same time, one can hardly assert that the universal community has put an end to discrimination. The author considers the problem as applied to the Russian legal system. The standard is incorporated in the Russian Constitution still remains topical in Russia. Based on his analysis of legislation and judicial practice, the author concludes that the problem reveals itself on the levels of both law-making and law application, the latter including administration of justice. As one of the conclusion, the author raises a question: is legal discrimination inherent in a legal system like other negative phenomena, such as delinquency, incoherencies, lacunas, defects, conflicts of legal norms and breaches of law-making procedural rules?

scholarly journals The objective need for legal regulation of territorial planning 
and its implementation in the Republic of Lithuania

2020 ◽  
pp. 36-48
Author(s):  
Kristina Mikalauskaitė-Šostakienė
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Legal Regulation ◽  
Territorial Planning ◽  
The Social ◽  
Protection Of Human Rights ◽  
The Republic

The article analyzes the social and legal assumptions that determine the need for the legal regulation of territorial planning. The extent to which the appropriate legal regulation of territorial planning is related to the protection of the environment, ensuring sustainable development and the protection of human rights is assessed. It is concluded that the process of territorial planning is complex and complicated, has different needs and interests of natural and legal persons regarding the use of the respective territories are constantly encountered. Although the reform of the legal regulation of territorial planning has been carried out three times in Lithuania, gaps in the legal regulation of territorial planning have been identified so far.

scholarly journals Court as a Subject of Civil Right Protection

2020 ◽  
Vol 10 ◽  
pp. 48-51
Author(s):  
Evgeniy A. Nesvit ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal Status ◽  
World View ◽  
Social Effectiveness ◽  
The Social ◽  
Protection Of Human Rights ◽  
Judicial Proceedings ◽  
The Subject ◽  
Weak Party

The article deals with the legal status of the court as a subject of protection of human and civil rights and freedoms. The article justifies that the subject matter is the cross-sectoral legal status of the court from the perspective of its human rights function with regard to human rights. The issue has been examined in terms of the human rights orientation of justice through the analysis of certain types of judicial proceedings. Certain categories of cases with the greatest human rights focus have been identified, and judicial statistics have been analysed. The human rights potential of the principle of protection of the weak party in the legal relationship was noted. It is pointed out that the protection of human rights provides a world-view of the work of the judge and determines the social effectiveness of justice. Conclusions and proposals on the development of the human rights capacity of the judiciary were formulated.

scholarly journals The Securing a Claim in the Context of Sustainable Development: An Evaluation of the Latvian Experience

2021 ◽  
Vol 10 (4) ◽  
pp. 281
Author(s):  
Andrejs Gvozdevičs
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Legal Framework ◽  
Legal Regulation ◽  
Theory And Practice ◽  
The Sustainable Development ◽  
Legal Norms ◽  
Inductive Methods ◽  
Protection Of Human Rights ◽  
The Right

Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right of everyone to a fair and public hearing by an independent and impartial tribunal established by law. An important guarantee, such as the enforcement of a court judgment, is also enshrined in human rights theory and practice, as unenforced judgments pose a threat to legal stability, which is one of the fundamental basis for the sustainable development of society. The institute of law of the securing a claim serves in cases where execution of the future judgment may be impossible or made substantially more difficult. The aim of the research is to study the legal framework, which determines the regulations of the securing a claim in Latvia in order to make proposals for enhancement of the legal framework. The research deployed descriptive, analytical and deductive-inductive methods as well as the methods of interpretation of legal norms. Using these methods, legal acts, views of legal scientists and case law were reviewed and analyzed, and subsequently conclusions and recommendations were made. Analyzing the development of the securing a claim it can be admitted that this institute of law in Latvia has problems as the application of the securing a claim in court practice within the framework of limited adversarial and dispositivity principles, as well as shortcomings in the theoretical foundations of the securing a claim which are based on the findings of legal scientists of the last century. As a result of the research, the author drew the conclusions, that Latvia does not make sufficient use of the long-standing successful procedural solutions for securing a claim in others states, such as court mortgages, bank guarantee or mortgage of the plaintiff to secure the defendant's losses, defendant's protection letter to protect against unjustified securing a claim, a possibility to secure a claims which are not financial in nature and many more that can make legal regulation of the securing a claim more modern and effective.

The protection and promotion of human-rights

2020 ◽  
pp. 384-398
Author(s):  
Irina Ichim
Keyword(s):  
Human Rights ◽  
State Repression ◽  
The Public ◽  
The Social ◽  
The Face ◽  
Protection Of Human Rights ◽  
Government Propaganda ◽  
The Relationship ◽  
Civic Space ◽  
Recent Government

This chapter explores developments in the protection of human-rights in Kenya post-2002 by examining three interconnected issues: changes in the social and political landscape and how these created or constrained opportunities for activism; changes in the relationship between the state and the human-rights sector, but also within the human-rights sector; and evolving patterns of (non-)state repression of activism. The chapter shows that, against the background of a complex historical experience, and with the help of Kenya’s 2010 Constitution and a reformed judiciary, the human-rights sector in Kenya has grown into a staunch and able defender of civic space in the face of recent government assaults. However, government propaganda and the sector’s institutionalization simultaneously coalesce to disconnect the sector from the public. Coupled with divisions between professional and grassroots defenders, this disconnect risks limiting the sector’s ability to build on the momentum presented by recent achievements.

Roma in Europe: Human Rights or Humans Out of Sight?

2006 ◽  
Author(s):  
Jason R. Young
Keyword(s):  
Human Rights ◽  
Eastern Europe ◽  
Physical Violence ◽  
Local Level ◽  
European Identity ◽  
The European Union ◽  
Central Eastern Europe ◽  
The Social ◽  
Protection Of Human Rights ◽  
Citizenship Regime

Europe is confronted by a painful paradox; while the idea of ‘Europe’ conceptualizes the European Union as a champion of liberal democracy, human rights and equality, the position of the Roma clashes with this vision. This paper looks at human rights and exclusion in Europe with specific emphasis on the Roma ethnic minority and argues that prevalent anti-Roma discrimination in both Western and Central- Eastern Europe holds larger ramifications than merely the Roma’s constant position of alien, or “despised outsider”. The power of discrimination, popular culture and opinion in marginalizing the Roma effectively limits their equal exercise of civil, political, and human rights. The Roma therefore represent tangible limits to the ideas intertwined with European integration. It is argued that the unwillingness to address the issue of Roma exclusion on the local level within specific countries possesses the effect of creating a two-tier citizenship regime that possess the capacity for unraveling the social and intellectual aims of the European Project. Social, legal, and actual exclusion of the Roma therefore holds significant ramifications for social policy within an enlarging EU. The paper presents popular depictions of the Roma and illustrates the pervasive power of exclusion by examining events such as the 1993 Czech citizenship law; the 1999 construction (and subsequent debate over the dismantling) of a wall around Roma apartments in the Czech town of Ústi nad Labem, widespread use of physical violence and intimidation to discourage Roma settlement and racism in Central and Eastern Europe. These events suggest that the pan-European “identity” is far from constructed and that systematic and fundamental change in attitudes towards among elites and society at large and representations of the Roma is essential if the EU’s enlargement is to expand the protection of Human Rights on an equal footing throughout Europe for the Roma. Combating historical representations constructed by social and political elites of the groups such as the Roma as an other is of paramount importance if the Roma, and other ethnic minorities, are to be included as equal stakeholders in an enlarged Europe. Full text available at: https://doi.org/10.22215/rera.v2i4.180

CRIMINOLOGICAL PERSONAL TRAITS OF AN OFFENDER

2018 ◽  
Author(s):  
Bohdan Holovkin ◽  
◽  
Maryna Kakhnova ◽  
Keyword(s):  
Domestic Violence ◽  
Social Role ◽  
Psychological Traits ◽  
Personal Traits ◽  
Legal Norms ◽  
The People ◽  
The Social ◽  
Illegal Acts

This article considers particular aspects of criminological personal traits of an offender. The author draws attention to the fact that in most countries of the world, including Ukraine, there is an exacerbation of the problem of domestic violence due to the COVID-19 pandemic, quarantine and isolation. Therefore, analysis of some particular aspects of the criminological personality traits of an offender is an urgent issue. In this article, the typical personal features of offenders were identified. The author classified people committing domestic violence by gender, age and educational level. The study identified negative traits of character that are common to the individuals committing domestic violence. The research of criminal law features that characterize the personality of an offender showed that the offender commits most of all illegal acts from this category individually. At the same time, most of the people who commit domestic violence have previous criminal experience and a criminal record. The analysis of socio-psychological characteristics of offenders revealed that latter tend to act in a socially dangerous way. It should be noted, that unfriendly relations become the most frequent motives for domestic violence. The analysis of the social role of people committing domestic violence allowed concluding that the latter tend to separate themselves from positively oriented social groups. They tend to perform negative social roles and functions, causing violations or deliberate disregard for legal norms, labour, family and other responsibilities. In the article, there is a classification of the different types of the offender’s personality by moral and psychological traits of the person. The findings of the research provide a typical criminological portrait of a person who commits domestic violence and outline the prospects for further research of this issue.

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