scholarly journals Constitutional foundations and principles of the formation of a sovereign, secular, and democratic state in India: history and modernity

2021 ◽  
Vol 39 (71) ◽  
pp. 633-642
Author(s):  
Artem Arturovich Serdyukov
Keyword(s):  
Significant Contribution ◽  
Fundamental Rights ◽  
State Structure ◽  
Equal Rights ◽  
Scientific Methods ◽  
Political Independence ◽  
State Constitution ◽  
Democratic State ◽  
National Liberation Movement ◽  
Fundamental Rights And Freedoms

The purpose of the research was to study the fundamental provisions of the Constitution of India and the amendments made to it, which regulate the constitutional foundations and principles of the formation of a sovereign, secular, and democratic state. In addition, the article discusses the constitutional provisions relating to the acquisition of independence, the freedom of India, the formal establishment and consolidation of the fundamental rights and freedoms of its citizens and the abolition of the institution of untouchability. The study of the role and importance of the political and legal views of the leader of the national liberation movement, the philosopher and jurist Mohandas Karamchand Gandhi in shaping the constitutional foundations and state structure of India is of some interest. The author used a complex of scientific methods to achieve the objective. It is concluded that the achievement of India's political independence, the declaration of equal rights and freedoms and the abolition of the untouchable caste in the state Constitution, is a significant contribution to the development of this country and a rapid step in increasing India's importance in the world.

Kirgizistan gazetelerinde karaçay sürgünü

2019 ◽  
pp. 72-75
Author(s):  
Zalina Adobaşeva
Keyword(s):  
Minority Group ◽  
Fundamental Rights ◽  
Social Value ◽  
Independent Research ◽  
National Library ◽  
Language And Culture ◽  
The Past ◽  
The People ◽  
Democratic State ◽  
Fundamental Rights And Freedoms

Özet. Bu çalışma Kırgızistan’daki Karaçayrın Kırgızistan gazetelerindeki sürgün olayını incelemeyi amaçlayan ve Ocak 2019- Mart 2019 tarihleri arasında Kırgızistan Milli Kütüphanesi’nde ve Kırgızistan’daki Karaçayların ''Ata Curt'' Uluslararası Derne- ği’nde bulunan gazetelerden derleme, inceleme sonucunda gerçekleştirilen bir araştır- manın ürünüdür. Yapılan ilmi çalışmanın temel amacı, Sovyet devletinin gizli bir sır olarak sakladığı trajik ve az bilinen tarihi sayfalarında yer alan sürgün olayını anlatmak ve aydınlatmaktır. 1944’dan başlayarak toplu şekilde Kırgızistan’a sürgün edilmiş olan ve yarım yüzyıldan fazla burada oturan Karaçaylar ve Karaçayların sürgünü başlı başına bağımsız bir araştırma konusudur. Hele ki Kırgızistan’daki Karaçay halkı azınlık grubu oluşturduğu için bunların temel hak ve özgürlüklerin korunması, barış ve hoşgörü içinde yaşaması ülkenin demokrasiye geçişi bakımından da büyük önem taşımaktadır. Böyle bir demokratik bir devlette herhangi bir insan sosyal değer olarak sayılacak mı? Bunun için her bir halkın dilinin, kültürünün korunması ve eskiden yaşanılan acıların gelecekte bir daha yaşatılmaması ve bu acıların halka yansıtılmaması açısından önemlidir. Anahtar Sözcükler: SSCB dönemi, Kafkasya, Karaçay-Çerkes Cumhuriyeti, Kırgı- zistan, vatan, Karaçaylar, Karaçayların sürgünü, Milli Kütüphane, Kırgızistan gazeteleri, hak, özgürlük vs. Аннотация: Данная работа посвящена изучению событий депортации карачаевцев Кыргызстана в киргизских газетах и является продуктом исследования, проведенного в период с января 2019 года по март 2019 года в результате изучения и обзора газет, находящихся в Национальной библиотеке Киргизии и Международной ассоциации карачаевцев Кыргызстана "Ата Журт". Основная цель проделанной научной работы – рассказать и осветить трагическое и малоизвестное историческое событие, которое советское государство долгое время хранило в тайне. Карачаевцы и депортация карачаевцев, массово депортированных в Киргизию с 1944 года и проживающих здесь более полувека, само по себе является самостоятельным предметом исследований. В силу того, что карача- евский народ в Кыргызстане является меньшинством, то и сохранение основных прав и свобод меньшинств, а также мир и толерантность в межнациональных отношениях имеют большое значение в условиях развития демократического общества. Будет ли каждый человек в таком демократическом государстве считаться социальной ценностью? Для этого важно сохранить язык, культуру и не забывать историю каждого народа, чтобы эта страшная трагедия, произошедшая ранее, не имела будущего и не оказала влияния на народ в целом. Ключевые слова: период СССР, Кавказ, Карачаево-Черкесская Республика, Кыргызстан, Родина, карачаевцы, депортация карачаевцев, Национальная библиотека, газеты Кыргызстана, право, свобода и др. Abstract: This study is a product of a study which was carried out at the Kyrgyz National Library and Kyrgyzstan Karachays International Association’s "Ata Curt" In- ternational Association between January 2019 and March 2019. The main purpose of this scientific study is to explain and illuminate the event of exile on the tragic and lit- tle-known historical pages of the Soviet state, which is hidden as a secret. The Karachays and the exile of Karachays, who have been exiled to Kyrgyzstan since 1944 and have lived here for more than half a century, are an independent research topic. Especially because the Karachay people in Kyrgyzstan constitute a minority group, their protection of fundamental rights and freedoms, living in peace and tolerance are of great importance for the transition of the country to democracy. In such a democratic state, will any human be regarded as social value? For this reason, it is important to preserve the language and culture of each people and to ensure that the sufferings of the past are not kept alive in the future and that these sufferings are not reflected to the people. Key Words: USSR period, Caucasus, Karachay-Cherkessia Republic, Kyrgyzstan, Karachays, Exile of Karachays, National Library, Kyrgyzstan newspapers, identity, homeland, rights, freedom etc.

scholarly journals Declaration of Tax Information in Constitutional Court Cases in the Czech Republic

2019 ◽  
Vol 4 (1) ◽  
pp. 58-70
Author(s):  
Tomáš Sejkora
Keyword(s):  
Czech Republic ◽  
Case Law ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Court Cases ◽  
The Czech Republic ◽  
Scientific Methods ◽  
Charter Of Fundamental Rights ◽  
Fundamental Rights And Freedoms ◽  
Law And Legislation

This contribution is focused on the trend to demand various declaration of taxable persons via specific forms issued based only on the wide and vague authorisation of the Ministry of Finance of the Czech Republic. The aim of this paper is to familiarise readers with the relevant Czech regulation and case law of the Czech Constitutional Court and to provide conclusions evaluating this case law and legislation. The beginning of this paper is devoted to respective provisions of the Tax Procedure Code, Charter of Fundamental Rights and Freedoms, Act on VAT and Act on Transactions evidence. Then, the part dealing with the development of the Constitutional Court approach evaluating the practice of the tax administration follows. Finally, the author provides his conclusions estimating future development in this issue. Scientific methods used in this paper are analysis, induction, deduction and description. The aim of the contribution is therefore the evaluation how the recent case law will affect the current legislation and what steps should be made by the Czech Parliament.

Feminist Perspective in Shashi Deshpande's “That Long Silence”

2018 ◽  
Vol 6 (1) ◽  
pp. 8
Author(s):  
Mohammad Ahashan ◽  
Dr. Sapna Tiwari
Keyword(s):  
Gender Equity ◽  
Social Life ◽  
Fundamental Rights ◽  
Feminist Movement ◽  
Human Beings ◽  
Simone De Beauvoir ◽  
Equal Rights ◽  
And Gender ◽  
Set Up ◽  
Key Aspects

Man has always tried  to determine  and tamper the image of woman and especially her identity is manipulated and orchestrated. Whenever a woman is spoken of, it is always in the relation to man; she is presented as a wife , mother, daughter and even as a lover but never as a woman  a human being- a separate entity. Her entire life is idealized and her fundamental rights and especially her behaviour is engineered by the adherents of patriarchal society. Commenting  on the Man-woman relationship in a marital bond Simone de Beauvoir wrote in her epoch-making book entitled The Second Sex(1949): "It has been said that marriage diminishes man,  which is often true , but almost always it annihilates women". Feminist movement advocates the equal rights and equal opportunities for women. The true spirit of feminism is into look at women and men as human beings. There should not be gender bias or discrimination in familial and social life. To secure gender justice and gender equity is the key aspects of feminist movement. In India, women writers have come forward to voice their feminist approach to life and the patriarchal family set up. They believe that the very notion of gender is not only biotic and biologic episode but it has a social construction.

CONSTITUTIONAL AND LEGAL IDEA OF THE “SOCIAL STATE” IN THE HISTORY OF LEGAL AND POLITICAL THOUGHT

2020 ◽  
Author(s):  
Roman Fedorov
Keyword(s):  
Political Thought ◽  
Historical Development ◽  
Significant Contribution ◽  
Developed Countries ◽  
State Structure ◽  
Thomas More ◽  
Social State ◽  
Classical Liberal ◽  
The Social ◽  
History Of

The article is devoted to the problem of the social state as one of the fundamental constitutional principles of the state structure of modern developed countries. The course of historical development of philosophical and legal thought on this problem is considered. The idea of a close connection between the concept of the social state and the ideas of utopian socialism of Thomas More and Henri Saint-Simon is put forward. Liberals also made a significant contribution to the development of the idea of the social state, they argued that the ratio of equality and freedom is a key problem for the classical liberal doctrine. It is concluded that the emergence of the theory of the social state for objective reasons was inevitable, since it is due to the historical development of society.

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

scholarly journals Fundamental Human Rights and UNO Charter: A Critical Analysis with Islamic Perspectives.

2021 ◽  
pp. 97-117
Author(s):  
Inam Ullah Wattoo ◽  
Yasir Farooq
Keyword(s):  
Human Rights ◽  
Critical Analysis ◽  
Fundamental Rights ◽  
Equal Rights ◽  
The People ◽  
Peace And Justice ◽  
The World ◽  
Historical Observation ◽  
And Gender ◽  
Short Time

This study presents a critical analysis on the charter of human rights of United Nations, as it was design to promote peace and justice in the world but unfortunately it was not come in true. So the concepts and impacts of human rights presented by UN will be examine in the light of Seerah, and to find out the reasons which caused its failure. It is historical observation that fundamental human rights are very essential for justice and peace in the world. All the peoples have equal rights in all respects. No one is allowed to disregard the rights of others on the basis of race, color and religion. Holy Prophet Muḥammad (PBUH) founded the state of Yathrab and first time in the history declared the fundamental rights of human and vanished the differences based on race, color and gender. Rights for slaves, war prisoners and women were not only defined but were implemented by legal procedure in very short time. In 1948 United Nation declared a charter for human rights which proclaimed that inherent dignity and equal rights are the foundation of freedom, justice and peace of the world. This charter consist on 30 articles regarding individual and common rights of human. This charter of UN guaranteed the security of all fundamental rights of all human being. Although there are number of articles which caused uneasiness among the people of different religions such as article No. 19. Freedom of opinion and express must be observed but it should must be keep in mind that some irresponsible elements of different societies are using this for their criminal purposes as cartoon contest on Prophet Muḥammad (PBUH) by Geert wilders of Holland in recent days caused huge disturbance for world peace. Whereas, the Prophet of Islām ordered the Muslim to respect the clergy of other religions even He (PBUH) halted the Muslims to abuse the idols.

scholarly journals FACTORS OF CONSOLIDATION OF UKRAINIAN PEOPLE IN THE POLITICAL PROGRAMS OF DISSIDENTS (THE END OF THE 1950S TO THE BEGINNING OF THE 1960S)

2017 ◽  
pp. 152-156
Author(s):  
Tetiana Shevchenko
Keyword(s):  
The Political ◽  
Political Resistance ◽  
Soviet System ◽  
State Structure ◽  
Social Oppression ◽  
National Liberation Movement ◽  
The 1950S ◽  
Potential Factors ◽  
The 1960S ◽  
Ukrainian Society

An activity of the Ukrainian Workers and Peasants Union (UWPU) headed by Levko Lukyanenko in West Ukraine at the end of the 1950s to the beginning of the 1960s was a manifestation of the struggle for independence of Ukraine. Contemporary historiography studies the UWPU’s activity in the context of looking for new forms and methods of the political resistance to the Soviet system in West Ukraine without using the ideology of the Organization of Ukrainian Nationalists. The result of the struggle depended on the ability to consolidate a whole society by the leaders of the national liberation movement. In the article we shall study the ideas about unity of the Ukrainian society and potential factors of its consolidation in the program documents of the UWPU. A task in hand of the UWPU was “to unmask before workers and peasants an irreconcilable opposite of their interests and the interests of the bureaucratic officialdom as well to compel the direction to comply in the sphere of increasing freedoms of people. Nevertheless an addition complication in the UWPU’s propaganda in West Ukraine was Lykyanenko’s and Kandyba’s, the leading members’ belonging to the system of the Soviet justice which was a part of the party and state structure and estranged deeply from people. The UWPU proclaimed a start of a new stage of struggle for the independence of Ukraine by the most conscientious workers and peasants which are united all over Ukraine and do not communicate with each other. The struggle of the UWPU for Ukraine’s secession from the USSR should be peaceful and according to the Soviet constitution on the tactic and ideological grounds. The UWPU has thought that the idea of the independent Ukraine is only one possible idea which could unite the whole Ukrainian people, exploited by the Russian Soviet colonialist polotics workers and peasants deprived of their rights. The programme of the Union opposed the whole Ukrainian people to the Ukrainian Communists, the representatives of the party and state officialdom, as obedient representatives of the colonial administration. The members of the UWPU, high-principled Marxists, proclaimed their unstinting support the struggle of the Ukrainian Uprising Army for the independence of Ukraine and blamed an armed repression by the Soviet state the Ukrainian underground in West Ukraine. Taking into account the Ukrainian people changed during centuries of slavery and a social oppression the UWPU’s programme does not only presume to challenge the presence of the protest potential of the Ukrainian people but also affirms that in time the Ukrainian people’s aspiration to independence develops widely and its struggle for the independence becomes fiercer. The UWPU suggests to campaign among workers and peasants for the uniting the whole Ukrainian people for the struggle for Ukrainian state independency, as well to win representatives of other nationalities which live in Ukraine, and fight for general democratization of the state structure in the USSR

scholarly journals UKRAINE ON THE WAY OF INTEGRATION TO THE EUROPEAN COMMUNITY

2020 ◽  
pp. 170-191
Author(s):  
Serhij Zdioruk
Keyword(s):  
Fundamental Rights ◽  
The Body ◽  
National Interests ◽  
Religious Influence ◽  
Electoral Laws ◽  
Historical Retrospect ◽  
Hybrid War ◽  
Effective Organization ◽  
Fundamental Rights And Freedoms ◽  
Ukrainian Society

The article analyzes the problems of political and religious influence of Russia on the formation of the Ukrainian state in historical retrospect and in modern conditions of hybrid war. Europe wants to see the civilized Ukraine, based on the primacy of law, sustainable development, values of democracy and freedom for all citizens without exception. It is not only about political and economic aspects, but also about spiritual and cultural ones. Constituting the Local Ukrainian Orthodox Church is a powerful spiritual and ideological pillar of the Ukrainian State in building a democratic society, strengthening its image in the world. With the above in view and under the described situation the issue of fast integration of Ukraine into the European and world community becomes more urgent. Religion plays a significant role in this process, which is so important to regulate by the legislation. Thus we see the need for continued reform of the Ukrainian legal system starting from the fundamental political system governed by the Constitution of Ukraine, electoral laws and in particular the body of laws governing the fundamental rights and freedoms of the citizens of Ukraine. The article suggests some high priority measures aimed on creation of conditions for realization of integrative opportunities of religious factors. The proposals provide concrete and effective tools, the implementation of which is aimed at neutralizing the threats of «russkiy mir» in Ukrainian society and formulates recommendations for effective organization of political and legal mechanisms to protect national interests and strengthen national security of Ukraine.

scholarly journals The Centre–Periphery Antagonism in Adjudication: A Case Study on the Spatial Dimension of the Political

2021 ◽  
Vol 94 ◽  
pp. 121-140
Author(s):  
Rafał Mańko
Keyword(s):  
Social Group ◽  
Western Europe ◽  
Social Protection ◽  
Labour Force ◽  
Spatial Dimension ◽  
Fundamental Rights ◽  
The Political ◽  
Court Case ◽  
Equal Rights ◽  
Cheap Labour

One of the key elements of the critical theory of adjudication is the identification of an objective antagonism that is at stake behind a given court case. The identification of the antagonism allows to develop an axis, along which interpretive possibilities can be spread and arranged from those most favourable to social group A (e.g. workers) to that most favourable to social group B (e.g. businesses). The paper discusses the famous Laval–Viking case-law which was concerned with the fundamental rights of workers (right to strike and undertake collective action) and their relation to the economic freedoms of businesses, seeking to escape the high standards of worker protection in their own country either by changing the flag of a ship to a flag of convenience (Viking) or by importing cheap labour force from abroad, without guaranteeing the workers equal rights (Laval). Whereas the vast majority of scholars have interpreted the Viking–Laval jurisprudence as relating to the fundamental socio-economic antagonism opposing workers and businesses, the Slovenian scholar Damjan Kukovec has proposed an alternative reading. According to him, the real antagonism is ultimately between workers from the periphery (Central Europe, in casu Baltic countries) and workers from the centre (Western Europe, in casu Scandinavian countries). By introducing the spatial dimension to the political, Kukovec entirely changes the formulation of the underlying antagonism. The paper engages critically with Kukovec’s analysis and argues that the objective interest of Central European workers lies not in selling their labour at dumping prices, but gaining the same guarantees of social protection as existing in the West.

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