scholarly journals Restitution of agricultural land in Serbia: Comparative legal aspects

2020 ◽  
Vol 67 (4) ◽  
pp. 1353-1366
Author(s):  
Ljiljana Rajnović ◽  
Snežana Cico ◽  
Zoran Brljak
Keyword(s):  
Human Rights ◽  
Agricultural Land ◽  
Private Property ◽  
Transition Process ◽  
Legal Aspects ◽  
The State ◽  
State Sector ◽  
The Subject ◽  
The Republic ◽  
The Right

The idea of returning the confiscated property to the previous owners in the Republic of Serbia arose as a process that included all the countries of Eastern Europe and other countries of the former Communist system in which mostly state property existed. Restitution is part of the transition process, which implies comprehensive changes in the state, including privatization of the state sector and market operations on the principles of private property, but also as a need to correct the injustice done to former owners of confiscated property. According to Serbian legislation, restitution is obligatory, but in practice it is very difficult and slow to realize, even though this process realizes one of the basic human rights of citizens described in the UN Universal Declaration of Human Rights - the right to free enjoyment of private property. In this paper, the authors analyze the possibilities of returning agricultural land, legal regulations and implemented solutions in practice, on the example of a unit of local self-government, on whose territory there is a state land fund that can be the subject of return.

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.

scholarly journals State responsibility for damage caused by unfair sentence or unfounded arrest

2013 ◽  
pp. 653-665
Author(s):  
Natasa Mrvic-Petrovic ◽  
Zdravko Petrovic
Keyword(s):  
Human Rights ◽  
The State ◽  
State Responsibility ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
General Rules ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

The legal basis of state responsibility for damage caused by unfair sentence or unfounded arrest is the need to protect fundamental human rights and freedoms guaranteed by the Constitution and generally accepted international rules. The right to compensation on this basis (although subjective civil right) has a sui generis legal nature, because it is connected with the protection of human rights. Joint public-private legal nature of such a request is expressed in the legislation of the Republic of Serbia, because the circle of authorized persons and the conditions under which they may be entitled to compensation is determined by the criminal procedural rules, while the existence of a legally recognized forms of damage and the extent to which the damage may be reimbursed is estimated according to the general rules of Law of obligations. While the legislation is very progressive, it is observed that, in practice, the applications for compensation are usually submitted because of the most unreasonable detention of up to one month or three months, and the inefficiency of the criminal proceedings, suspended upon the expiration of the absolute limitation of prosecution. The state could easily affect these practices. Also, the priority of state must be meeting its financial obligations with regard to final adjustments, and the imposition of demands for compensation.

scholarly journals PENGUATAN PENGATURAN HAK ANAK BERDASARKAN KONSTITUSI DAN PERBANDINGAN KONSTITUSI DIBERBAGAI NEGARA

AN-NISA ◽  
2019 ◽  
Vol 11 (1) ◽  
pp. 372-383
Author(s):  
Ismail Aris
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
The State ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Constitutional Protection ◽  
Rights Of The Child ◽  
The Future ◽  
The Republic ◽  
The Right

This article shows that the constitution or the 1945 Constitution of the Republic of Indonesia can not be regarded as children's constitution which adopts the principles of child protection under the Convention on the Rights of the Child. It also shows that Indonesia is not serious about the theme of child protection discourse such as Ecuador, Egypt, Finland and South Africa in protecting, fulfilling and respecting and explicitly specifying the rights of children in its constitution. Based on the argument above, it is very urgent for Indonesia to do constitutionalism the rights of the child. Based on the principles that adopted by the convention on the right of the child as a solution as an effort to save and protect the rights of the child from negligence and neglect of the State to protect and fulfill the human rights and constitutional rights of the child. The effort of constitutionalism is also considered as a strengthening effort in the formation of legislation in the future as well as the basis or test stone of the Constitutional Court in handling the future judicial review of the Law which violates the norm on the protection of children's rights under the Constitution. In addition, it is urgent for constitutionalism and incorporates the idea of constitutional complaints in the Constitutional Court through the Constitution. Thus, as a basis for constitutional protection of the child if the State has neglect to protect the human rights and constitutional rights of the child by conducting constitutional complaint in the Constitutional Court, in order for the State to fulfill its constitutional obligations which have been regulated under the constitution.

scholarly journals Decompose Dual Nationality (Dual Citizenship) In Indonesia In Human Rights Perspective and Welfare State

SASI ◽  
2020 ◽  
Vol 26 (4) ◽  
pp. 527
Author(s):  
Supriyadi A Arief
Keyword(s):  
Human Rights ◽  
High Mobility ◽  
The State ◽  
Normative Study ◽  
Citizenship Status ◽  
Dual Citizenship ◽  
Dual Nationality ◽  
Rapid Flow ◽  
The Republic ◽  
The Right

The state is obliged to fulfill and protect the rights of its citizens, including the right to citizenship status. This status will facilitate citizens in living their lives, both in the country that grants citizenship status and in other countries. The high mobility of citizens results in boundaries between countries no longer limited by distance and time. As a result, a person's citizenship status can change, either because of personal needs or obligations of the second country which requires citizens to have citizenship status of the country. The problem in this research is to what extent dual citizenship in the perspective of human rights can realize a welfare system ?. This research is a normative study using a statutory approach, historical approach, and case approach. The results of the study indicate that the guarantee of the right to citizenship status is an inseparable part of the concept of human rights as contained in the 1945 Constitution of the Republic of Indonesia. However, with the rapid flow of global developments causing dual citizenship accommodation in Indonesian citizenship law is something that can be applied in the future. Recognition of dual citizenship can be seen as part of the efforts of the state to bring prosperity to all citizens and protect the citizens' rights to citizenship status.

To the issue of counteraction of Republic of Kazakhstan prosecution authorities to violations in the land legislation sphere

2019 ◽  
pp. 310-318
Author(s):  
Marat Erkenovich Ashirbekov
Keyword(s):  
Public Relations ◽  
Private Property ◽  
Well Being ◽  
The State ◽  
Individual Housing ◽  
Role Of The State ◽  
The Social ◽  
Material Goods ◽  
The Republic ◽  
The Right

We consider the issue of counteraction of Republic of Kazakhstan prosecution authorities to violations in the land legislation sphere. In this manner, the current reforms to improve the social and economic well-being of citizens in the Republic of Kazakhstan have affected such a burning sphere of public relations as the land issue. It is noted that other values, in particular spiritual and material goods, pale before the right to own the private property institution. It is stated that the existing demand for land and the lack of equal opportunities to obtain them contributes to the emergence of corruption risks. The role of the state course coordinator is legally assigned to the supreme supervisory body of the Republic of Kazakhstan – the Prosecutor General’s office. The inspections carried out by the prosecutor’s office in the activities of local executive bodies reveal numerous law violations, allowed when granting land for individual housing construction, failure to comply with the procedure for issuing land, the use of various schemes to bypass queues. However, the state does not have sufficient land resources to meet the needs of even those who are already in line. In view of what any methods for achievement of the purposes, including bribes of officials, arbitrariness and unauthorized captures of the earth are applied. We offer the ways of counteraction and prevention of the considered crimes in the sphere of land use.

The Attitude of the Orthodox Parishioners Toward Euthanasia: Evidence From Georgia

2018 ◽  
Vol 39 (2) ◽  
pp. 101-107 ◽  
Author(s):  
Tengiz Verulava ◽  
Mariam Mamulashvili ◽  
Iago Kachkachishvili ◽  
Revaz Jorbenadze
Keyword(s):  
Human Rights ◽  
Ethical Issues ◽  
Public Awareness ◽  
Terminally Ill ◽  
Legal Aspects ◽  
Orthodox Church ◽  
Medical Terms ◽  
The Subject ◽  
The Right ◽  
The Church

Background The right of euthanasia is the subject of worldwide discussion today, as it is one of the most controversial medical, religious, political, or ethical issues. This study aims to survey the attitudes of Orthodox parishioners toward the euthanasia. Methods: Within the quantitative study, the survey was conducted through a semistructured questionnaire. Respondents were the parishioners of the Orthodox Church. Within the qualitative study, the survey of the experts of the Orthodox Church, in particular the clergy, was conducted. During the survey of the experts, we used the snowball method. Results The majority of respondents (81%) were aware of euthanasia. The dominant opinion is that euthanasia is “ the consent to life termination during the illness, when there is no way out and recovery is impossible” or “ a terminally ill person voluntarily decides to end life painlessly.” Those who disagree with euthanasia rely on the religious factors (why the church prohibits it). Those who agree with euthanasia action argue the legitimate human rights and free will of person. Most of the respondents (86%) have not heard about euthanasia practices in Georgia. Most of the respondents (71%) knew that the Orthodox Church prohibits euthanasia; 39% of the respondents believe that euthanasia is justified in medical terms. Conclusion It is advisable to raise public awareness on euthanasia in religious, medical, cultural, social, and legal aspects.

scholarly journals THEORETICAL AND LEGAL ASPECTS OF THE EVOLUTION OF HUMAN RIGHTS IN THE CONTEXT OF DIGITALIZATION AND THE INTRODUCTION OF ARTIFICIAL INTELLIGENCE TECHNOLOGY

2021 ◽  
Vol 31 (4) ◽  
pp. 662-668
Author(s):  
G.G. Kamalova
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Digital Era ◽  
Foreign Countries ◽  
Artificial Intelligence Technology ◽  
The Subject ◽  
The Right ◽  
Further Development

The article discusses the issues of further development of the human rights system in the context of digital transformation and modern scientific and technological progress. It is noted that at present there is an evolution of human rights, the peculiarities of their implementation, the formation of new ones. The right to access the Internet has been recognized in a number of foreign countries. In Russia, digital rights, the "right to oblivion" and other rights have been legally enshrined. It is proved that at present there is a transition to the next level of both understanding of recognized rights and freedoms, the peculiarities of their implementation, and the formation of new rights that are unthinkable in the so-called pre-digital era. As the most significant factor in the evolution of human rights, the introduction of artificial intelligence systems and biotechnologies is highlighted, which will change not only society and the state, but also the daily life of a person and his essence, which will require the modernization of the conceptual established provisions of law, including the understanding of the subject who possesses them. Modernity allows us to state the accomplished symbiosis of man and technology, which is increasingly called a cyborg in law. At the same time, it should be recognized that the legal aspects of cyborgization are still poorly studied. The experience of legal regulation of relations connected with the introduction of digital technological solutions into the human body is not enough. The author believes that the preliminary regulation in this area should be to a certain extent ahead of the curve, and without a scientific understanding of the emerging legal problems, it is difficult to develop a balanced legal regulation.

scholarly journals Concerning the genesis of the right to appeal against decisions, actions or omissions of customs authorities

1970 ◽  
pp. 155-159
Author(s):  
Vladyslav Reva
Keyword(s):  
Human Rights ◽  
The State ◽  
Executive Power ◽  
Democratic State ◽  
European Court ◽  
State Apparatus ◽  
The Subject ◽  
Legal Forms ◽  
The Right ◽  
Subjective Rights

The Institute appeals to citizens of unlawful decisions, actions or inaction of executive bodies, in particular, the customs authorities, their officials and officers in Ukraine, is associated with the creation of such a form of protection of citizens ' rights in the sphere of executive power, as Administrative Justice. In the spheres of the public-right in the "non-vicar" to visquisti (shave) the organs of viconavcho vladi, with one side, that physical and legal persons - with the yunsh. The subject of the "rischennya," the d'chi's lack of respect for the sub'kt, yak, the dumque of the "nsho" side of the administrative-right-in-the-dnosins, which will be incharge with the rights of chi buried by the law of the "entersi." The virtin of such conflicts (disputes) is to be found in the regulatory rules of the legal forms. The main mechanisms of the regular-season are the forms of the zahist sub'qictic rights of the legal osib, The Oscar-winning organ in the visonaucho slather, in that case of the mitrich's organs in Ukraine, in the administrative order ( adminstration of the Oscar-gen) that administrative-process (ship's) order. The right to appeal is one of the remedies for other subjective rights, however it has an independent value and also needs protection. To guarantee the protection of the right of a person to appeal shall be legally provided the possibility of the person to protect the right to the competent authorities of the State or officials, in particular, the customs authorities in case of unjustified creation of obstacles to Rights to appeal, restriction or deprivation of this law. The article examines quite topical and controversial issues this is the development process in Ukraine of the right to appeal against decisions, actions or inaction of executive bodies, in particular the customs authorities. The analysis of legislation on this matter and scientific literature allowed: to determine the genesis and the essence of the right to appeal against decisions, actions or inaction of the bodies of executive power, including customs authorities; To conclude that the right to appeal acts as a legal guarantee of human rights. The need to exercise this right arises only when other human rights are violated. Therefore, the democratic State laid duty to provide the maximum possible availability of administrative and legal appeals for individuals and legal entities (creation of the necessary regulatory framework and institutions in the State apparatus , conducting explanatory work among citizens, etc.). Also, the exercise of the right to appeal may be preceded by a person's protection to protect their rights to international bodies and institutions whose jurisdiction is recognized by Ukraine (for example, judicial appeal against decisions, actions or inaction of the subject of powers, if It has not led to satisfaction of violated rights, is a prerequisite for appeal to the European Court of Human Rights). Appeal procedures ensure social control over the state apparatus, and allow the latter to quickly correct their own activities in accordance with the social requests and needs.

ROLE OF AGRICULTURAL PROPERTY AGENCY IN PROCESS OF LAND POLICY IMPLEMENTATION

2017 ◽  
Vol XIX (1) ◽  
pp. 110-115
Author(s):  
Bartosz Mickiewicz ◽  
Antoni Mickiewicz
Keyword(s):  
Agricultural Land ◽  
The State ◽  
Land Policy ◽  
Land Acquisition ◽  
Agricultural System ◽  
Land Resources ◽  
State Sector ◽  
The Right ◽  
Protection Period

The study presents land policy on the background of the functioning of the Agricultural Property Agency. In the years 1992-2015 the Agency realized the basic tasks resulting from the law on the restructuring of the state sector in agriculture. During that period, the land resources from Agricultural Property of the State Treasure in quantity of 4.7 million hectares, 2.7 million hectares were transferred for sale (56.7%), 0.6 million hectares (13.7%) were committed in a lasting manner. The disposal of the Agency remains 1.4 million hectares (29.7%), including 1.0 million ha (21.6%) of land being in lease. In 2003, on the basis of the Act on shaping the agricultural system, Agency got the right of first state refusal, which was superior to the neighbor preemption. From 643.8 thous. agreements transferring ownership of agricultural property, the Agency submitted declarations of land acquisition in the 629 cases that concerned the area of 16.7 thous. ha. In 2016 passed a 12-year protection period for the purchase of Polish agricultural land by foreigners. Therefore the new legal regulations were introduced in 2015, closing access to the purchase of land by foreigners.

scholarly journals PENGATURAN HUKUM CALON LEGISLATIF MANTAN NARAPIDANA

2020 ◽  
Vol 2 (1) ◽  
pp. 33
Author(s):  
Salim Fauzi Lubis ◽  
Ismail Ismail ◽  
Mina Mardiana
Keyword(s):  
Human Rights ◽  
The State ◽  
Constitutional Rights ◽  
Political Rights ◽  
Legal Research ◽  
The People ◽  
General Elections ◽  
The Republic ◽  
The Right ◽  
Election Commission

Election or local election is a way of channeling the rights of every principle community, which means that the right to vote and vote is contained in his constitutional rights as citizens. In article 28 letter D of the Republic of Indonesia Republic of 1945 which reads that "every citizen has the right to have the same opportunity in government". The sound contained in the article contains the understanding that the State guarantees each of its citizens to obtain the rights to sit in government either as People's Representatives, regents, Mayors, Governors, or even become a President. The method used in this study is normative juridical legal research which uses a statutory approach. The issue raised by the author is How the Human Rights Perspective of Legislative Candidates in Organizing Elections and How Comparative Legal Arrangements for Former Legislative Candidates Examined From Law Number 7 of 2017 Concerning General Elections With Regulation of the Election Commission Number 20 of 2018 Regarding Nominating Members Regional Representative Council, Provincial Regional Representative Council, Regency / City Representative Council. In terms of the implementation of elections need to be held honestly, fairly and democratically based on the spirit of Democracy that has been carried out so far so as to create leaders and representatives of the people who side with their people. Speaking of Human Rights, everyone has the same rights before the State and applies to former corruption convicts who have or have the same political rights as other citizens guaranteed by the constitution.

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