The international legal basis for implementation of judgments of the european court of human rights into the domestic legal system

An analysis of the international legal bases of implementation of decisions of the European Court of Human Rights to the national legislations of the member states of the Council of Europe is carried out. Such implementation takes various forms, and in general there is no single implementation mechanism. At the same time, the importance of implementing decisions of the European Court of Human Rights lies in the state's fulfillment of its obligations both to the world community of states and to its own citizens. Forms and methods that ensure the progressive development of national law, taking into account the practice of international courts, are considered. The synthetic research method determines the impact of ECtHR decisions on the structure of national law, which stimulates the transformation of its entire branches. It is demonstrated, how the ECtHR promotes the formation of progressive legal institutions in legal systems, exerting organizational and civilizational influence on the legal systems of states. It is emphasized, that the principle of legal certainty, by which the international court assesses vague and insufficiently clear provisions of national law, is fundamental for the implementation of the case law of the ECtHR into national laws. With this influence, the ECtHR determines the nature of lawmaking and law enforcement in a country. As a result, it is concluded, that the most effective mechanism for implementing the principle of legal certainty in a state is the adoption of general measures, contained in the pilot decisions of the ECtHR. The second important mechanism is the application of the rules of law by national courts, taking into account the case law of the ECtHR, which ensures the interpretation of human rights rules in a way that is most acceptable to the national legal system

Errors in the application of language rules of legislative texts formation

Errors in the application of language rules of the legislative texts formation are the result of a complex logical and linguistic process. The rules of logic in texts of law form the basis of a legislative text, and are the framework, on which the legislative text is based on language rules. Compliance with language requirements ensures certainty and consistency, and the logic of the presentation of legal material, in turn, contributes to its accuracy and clarity. The logic of constructing a law is impossible without the logic of its language, and vice versa. The legal ways to eliminate errors in the application of language rules for the formation of legislative texts are: a) the distribution of the whole range of errors in the application of language rules for drafting legislative texts into general, terminological, syntactic and stylistic; b) effective use of legislative techniques as a system of tools and rules for creating laws and their systematization, which must be carried out in accordance with certain rules (legal structures, language tools, digital expressions, rules for setting out the norms of law in articles of law, rules for constructing law, rules of logic etc); c) normative consolidation of the requirements of the legislative style in the form of a hierarchy of division into general and special-legal. The general requirements include: 1) coherence and consistency of legislative texts, the absence of tautological errors; 2) accuracy and clarity, which means the quality of a legisltive text; 3) simplicity of presentation of a legislative text, which means the unambiguity of the text; 4) conciseness and compactness of a legislative text. Special legal requirements give normative quality to a legislative text. Among which it is possible to single out: 1) requirements in the field of nature of the prescription; 2) language standardization as an independent requirement for a legislative text; 3) the requirement of composition (graphicity) of a legislative text

The right to information as the basis of media activity in Ukraine

The article identifies some approaches to identifying the concepts of media and legal information. Some classifications of mass media and their immanent elements are considered. The concept of information and its qualifying legal features are defined. The main Laws of Ukraine concerning information are highlighted. Separate normative-legal laws of Ukraine on information and various forms of information are singled out. Categories of legal, public information and misinformation are considered. The key Law of Ukraine on information dated October 2, 1992 № 2657-XII has been determined. It is investigated, that the main source of legal information is the Constitution of Ukraine in accordance to the Law of Ukraine "On Information". It is proved, that information can exist in an ideal and material form and be the object of commodity relations. Attention is drawn to the Law of Ukraine "On Electronic Documents and Electronic Document Management". It is proved, that in the era of using information and communication technologies, the implementation of e-government makes it possible to operate in an information society. Sources for media information have been identified - state, confidential and anonymous. Attention is drawn to the access of the media to confidential information, to data that are not disclosed or published only by court decision. An example is given of the possibility of disseminating public or private information about a person. Attention is drawn to the need to verify anonymous information. In conclusion, it is emphasized, that the media in Ukraine are trying to follow in the footsteps of the latest information and communication technologies. The use of constitutional and legal acts is a vital necessary condition for building civil society, guaranteeing the constitutionality of democracy, freedom of access of the media to primary sources of information.

Human dignity as a fundamental basis and a practical tool of “right to hope” in criminal law

The scientific article focuses on the analysis of a sentence of life imprisonment without a realistic prospect of release in Ukraine as a violation of the “right to hope” in the context of the human dignity category. The study provides an overview of approaches to the definition of human dignity in national legal doctrine and practice, a historical and legal analysis of the origins of legal regulation of the idea of ​​respect for human dignity in international legal acts, and analyses the constitutional stages of the evolution of this concept as a matter of international law. The author has reviewed the jurisprudence of the European Court of Human Rights on this issue and studied the reasons of the Court on setting standards for acceptable treatment of a person through the lenses of human dignity and the inadmissibility of inhuman and degrading offences. Taking into account these standards, a critical assessment has been carried out, in particular, of the judicial practice of the Federal Republic of Germany on the application to a prisoner of such a type of punishment as preventive detention with indefinite duration. Emphasis has been given to the national judicial practice in cases of possible releasing life-sentenced prisoners in the conclusions of the Grand Chamber of the Supreme Court and the decision of the Constitutional Court of Ukraine on this issue. Based on the results of the study, a set of measures, including amending the legislation to bring it in line with the requirements of European human rights standards to protect human dignity and ensure the “right to hope” has been offered.

Specific features of the right to associate in trade unions in the republic of Azerbaijan: theoretical and practical analysis

The presented scientific article examines the features of the right to associate in trade unions in the Republic of Azerbaijan. The importance of the creation and activity of trade unions in the development of civil society is substantiated. It is noted, that on the basis of the right to association, various public organizations are being created in society. Within the framework of these organizations, members of the community ensure or defend their common interests. In order to determine the place of the right to associate in trade unions, it is important to analyze the level of its compatibility with other human rights and freedoms. As you know, the right to association is closely related to such social rights as the right to work and rest. Therefore, it was advisable to first determine the relationship of the right of association with these rights. The main goal of the modern state is to ensure the well-being and free development of the individual. Therefore, we can say that in the constitutions of such states, the right to work is separately enshrined. It is important to define the relationship of the right to association with other human rights. This will form a broader understanding of the nature of the right of association. Within the framework of this scientific article, the significant place of the right to association in trade unions is determined among constitutional human rights in the Republic of Azerbaijan. The right to association creates a real opportunity for the realization of other important social and political rights. It is also noted, that the issue of the activity of trade unions is in the center of attention of researchers in many countries. Analyzing the characteristics of trade unions, it is noted, that they are important aspects of civil society. The article also examines the highlights of civil society. It is noted, that civil society consists mainly of public organizations. The level of development of civil society depends on the level of effective activity of public organizations. In this regard, trade unions occupy a special place. These and other issues are comprehensively considered in the presented scientific article.

Methodology of regulation of new types of weapons by means of international humanitarian law: emergence and development

The purpose of the article is to identify the methodology, used in international humanitarian law for the regulation of new types of weapons. Under the settlement of the objectives of the article, regulation is understood as the establishment of permits, prohibitions and restrictions on the use of this type of weapon in accordance with the basic principles of international humanitarian law. The article is methodologically based on the works of foreign and Ukrainian researchers, devoted to the problems of the settlement of new weapons systems in international humanitarian law. The empirical basis of the article was formed by international treaties in the field of international humanitarian law and codified customs of this industry, as reflected in the codifications, developed by the International Committee of the Red Cross. The article establishes that in international humanitarian law there is an obligation for states to assess the compliance of new weapons systems with international humanitarian law. At the same time, this norm has two disadvantages. First, it is too abstract, which allows states to avoid the obligation to assess each time with reference to the fact that a certain type of weapon does not fall under the definition of a new type of weapon. Secondly, international humanitarian law does not contain specific mechanisms to hold violating states accountable. It is concluded, that it is necessary to revise the current international legal regulation of the obligation to assess new weapons systems in the direction of its concretization and strengthening of responsibility for non-compliance. Corresponding changes can be made to the Additional Protocol to the Geneva Conventions of 1977, or introduced by adopting a separate protocol.

Public security in classical ancient greek political and legal thought (teachings of socrates, plato, aristotle)

The aim of the article is to carry out the theoretical and legal analysis of key features of general philosophical and special legal understanding and interpretation of human, social and state security problems in the history of political and legal scholars of ancient times, in particular on the basis of scientific research of ancient Greek authors, opinions of that period, against the background of widespread collective ideas about security as a state of social relations, the condition of human (social) life and/or a kind of social value, objects (spheres) of this security, as well as subjects and regulatory mechanisms to ensure the appropriate state of society and the state. It is shown, that the ancient Greek political and legal thought demonstrates a wide panorama of original views on the formation, development, functioning and guarantee of public and personal, internal and external, military and international, political and economic security in the context of political and legal concepts that reflect complex dialectics. and the interaction of the individual, society, law and the state. It has been found, that the ancient Greek political and legal thought raises questions about the essence of public security. The matter of public security is an essential function of the state, which is realized by it both in the external sphere (military and foreign political security) and within the country (internal or domestic political security). Developed at the theoretical and philosophical level, the idea of good governance (Democritus, Plato, Aristotle, Polybius) is the idea of guaranteeing its security: bad governance - the key to the decline and collapse of the state, the death of its citizens. The philosophical concepts of Socrates, Plato and Aristotle are the most fundamental for the further development of political and legal models of public security

Improvement of legal regulation of intermediation in the virtual assets market

Legal regulation of intermediation in the virtual assets market was analysed. It was grounded, that the professional assistance to virtual assets market participants is necessary because of complexity of transactions with virtual assets. It was found, that the virtual assets service providers carry out intermediation in the virtual assets market as an entity that is acting in the interests of third parties and providing intermediary services to the market participants. Based on the analysis of the legal concept of "intermediation", it was formulated, that intermediation in the virtual assets market can be considered as the economic activity of business entities – virtual assets service providers, - which is carried out with the purpose of providing intermediary services to virtual assets market participants. Types of intermediation in the virtual assets market include: 1) safekeeping or administration of virtual assets and keys of virtual assets; 2) exchange of virtual assets (except when exchange is not carried out directly by the consumers in their own interests); 3) transfer of virtual assets (except when the transfer is not carried out directly by the consumers in their own interests); 4) participation in and provision of financial services, related to an issuer’s offer and/or sale of a virtual asset. It was found, that according to the draft law “On Virtual Assets” of June 11, 2020 No 3637 virtual assets service providers should be registered, but there is no mention about the license for providing intermediation in the virtual assets market. At the same time, it was grounded, that according to Ukrainian law, the financial intermediation in the virtual assets market, including participation in and provision of financial services, related to an issuer’s offer and/or sale of a virtual asset, should be a subject of licensing

Theoretical fundamentals of interaction of law enforcement authorities in counteraction of crimes committed by organized groups or criminal organizations formed by an ethnic basis

The analysis of the researched scientific problems on counteraction to crimes, committed by organized groups and criminal organizations, which are formed on an ethnic basis, now necessitates further research of ethnic crime in Ukraine and the world in general. Formation by the Ukrainian state of a multi-vector mechanism of counteraction to organized groups and criminal organizations, formed on an ethnic basis, is impossible without understanding the essence of this problem, relevant legal concepts and classification and identification of features of organized ethnic crime that are important for law enforcement and the state. The main effective factor in such activities is to guarantee the security of citizens and the integrity of the state from criminal encroachments of organized groups and criminal organizations that are formed on an ethnic basis. Thus, for the effective interaction of law enforcement agencies in combating crimes, committed by organized groups and criminal organizations that are formed on an ethnic basis, a sound concept of such cooperation is needed, which is currently lacking. Accordingly, in the long run, such a concept needs to be adopted immediately, which will start streamlining law enforcement relations on the exchange and realization of information concerning the activities of both domestic criminal groups and organized criminal groups of foreign nationals or those formed on ethnic grounds. Theoretical principles of law enforcement interaction in combating crimes, committed by organized groups and criminal organizations, which are formed on an ethnic basis by generalizing, analyzing and systematizing the concept of interaction, its forms, methods and types, are analyzed. An author's definition of the concept of interaction among police during counteraction to crimes, committed by organized groups and criminal organizations, formed on ethnic basi, is given

Peculiarities of application of the practice of the European Court of Human Rights in the justice in Ukraine

The scientific article examines the activities of the European Court of Human Rights and identifies the significance of the relevant case law of the European Court for the case law of Ukraine. It is noted, that one of the issues, studied within the topic, is the sources and legal framework, which is especially relevant in the adoption of the Law of Ukraine «On Enforcement of Decisions and Application of the Case Law of the European Court of Human Rights», according to which courts use the Agreement and case law as a legal source in cases. The activity of the European Court of Human Rights, the role and impact on the judicial system of Ukraine are analyzed, the relevant examples are given. It is concluded, that the implementation of international human rights law into Ukrainian law is a complex procedure that requires special doctrinal consideration, as today Ukrainian citizens are among the most active complainants to the European Court of Human Rights, which indicates a fairly high insecurity by national legal mechanisms. In order to increase the credibility of the judiciary, courts should take into account the European experience, decisions and observations of the Court in their work. The Court's case law is said to play an important role in the judicial reform process as it approaches the European legal framework for human rights standards in Europe. The current law cannot fully protect a person or build justice if it is not applied properly. Based on existing ECtHR rulings, judges can accurately understand the rule of law and apply it properly, which will help improve human rights, accurate understanding and implementation of the Agreement on Ukraine. Based on the study, it was concluded, that it is necessary and appropriate to implement the decisions of the European Court of Human Rights, as in this way it is possible to ensure the protection and defense of human and civil rights and freedoms