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1
KAZANCHIAN, Lilit. „Features Of Fundamental Rights In The Context Of The Philosophy Of Law“. WISDOM 14, Nr. 1 (24.03.2020): 159–65. http://dx.doi.org/10.24234/wisdom.v14i1.323.
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The article explores the notion and peculiarities of fundamental rights of the individual in the modern, legal state. In the given research the author implements versatile, holistic, systematical (methodical) analysis of content and distinguishing features of the structural element of the concept “legal status of the individual”. Therefore, the theoretical and practical research of problems of development of fundamental human rights, gives an opportunity to find new solutions in protections of relations concerning the individual's legal status.
This study is also focusing on various approaches of well-known jurists on the essence, content and legislative consolidation of the fundamental rights of the individual.
Summering up the results of explored issues, we concluded, that in recent decades, the philosophy of law (with the theory of state and law) took under its active protection and guardianship man with his rights, freedoms and legitimate interests, and which have ceased to be the subject of national legislation’s regulation, and moved to the international legal platform. Consequently, the government is obligated to guarantee the fundamental human rights and freedoms. Hence, theoretical, methodological and practical analyze of problems of the individual's legal status and elaboration of suggestions concerning enhancement of national legislation, is one of the most actual problems of jurisprudence.
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Chałubińska-Jentkiewicz, Katarzyna. „Operations in Cyberspace vs Human Rights and Freedoms“. Polish Political Science Yearbook 51 (2022): 1–14. http://dx.doi.org/10.15804/ppsy202263.
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The dynamic civilisation transformations observed worldwide in recent years have arisen from the rapid development of information and the ICTs that support it. Cyberspace is a new sphere affected by these processes, and it evolves alongside the threats occurring therein. Nowadays, no country’s cyberspace is entirely secure. Cyber threats are characterised by unpredictability and global reach. In modern times, cyberspace is a symbol of development, the freedom of speech, and the right to privacy and every interference in the behaviours of its users is associated with an attack on these values. The article discusses the fundamental problems concerning operations in cyberspace justified by the violation of human rights but should also be assessed in the context of interference with the scope of individual rights and freedoms, including in times of seemingly normal functioning, namely in times of peace.
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Rosicki, Remigiusz. „State security and individual security as exemplified by operational surveillance used by the Polish counter-intelligence service“. Przegląd Politologiczny, Nr. 3 (15.09.2021): 5–23. http://dx.doi.org/10.14746/pp.2021.26.3.1.
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The material scope of the research problem presented in the text encompasses the issues concerned with operational surveillance that the Polish civilian counter-intelligence service, i.e. the Internal Security Agency (in Polish abbreviated as ABW – Agencja Bezpieczeństwa Wewnętrznego), is authorised to. The main purpose of the analysis is to assess the changes introduced as a result of the passing of the so-called Surveillance Act in 2016. The Act was supposed to introduce new regulations with regard to the powers concerning operational surveillance and obtaining of ICT data, granted to particular secret and police services. The said changes were enforced by the judgment of the Constitutional Tribunal, which in 2014 found numerous violations of the provisions of the Constitutions of the Republic of Poland caused by the existing regulations authorising the services to engage in particular operational and investigative actions.
In order to elaborate the material scope of the research problem, and to present the conclusions, the following research questions have been presented in the text: Do the legal regulations concerning the powers vested in the Polish civilian counter-intelligence service within operational surveillance infringe individual rights and freedoms (e.g. the right to privacy, protection of personal information, privacy of correspondence), and if so, then to what extent?
Functional and pro-constitutional interpretations have been applied to assess the provisions regulating the powers of the Internal Security Agency with regard to operational surveillance and obtaining of ICT data. The functional interpretation focuses on the function of selected legal solutions, whereas the pro-constitutional interpretation focuses on the assessment of legal solutions in the context of the principles of a democratic state ruled by law, as well as human rights and freedoms. As regards the pro-constitutional interpretation, the tool used for assessment is the test of proportionality, i.e. the rule used for interpreting legal norms according to the degree and legitimacy of the interference in individual rights and freedoms.
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Balynska, Olha, Maksym Korniienko, Oleh Martseliak, Vira Halunko und Ihor Mahnovskyi. „Constitutional, Administrative and Criminal Law Regulation of Protecting Rights of Internally Displaced Persons: Foreign Experience and Directions for Improvement“. Khazanah Hukum 6, Nr. 1 (01.03.2024): 1–10. http://dx.doi.org/10.15575/kh.v6i1.33775.
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The purpose of the article consists in revealing the constitutional, administrative and criminal law foundations of protecting rights of internally displaced persons, problems of implementing foreign experience and identification of directions for improvement. It is substantiated that the system of individual protection standards is a kind of international mechanism for ensuring first of all the status of rights and freedoms of internally displaced persons, the corresponding guarantees regulated by the norms of universal, regional and special treaties, implemented by authorized subjects of public administration in various spheres of society. Attention is focused on compliance with the Guidelines of 1998, which are the basis of the legal acts of the European Union, the Council of Europe and other democratic countries. However, the existing standards of individual protection are not uniform, and there is no corresponding institutional mechanism. Universal, supranational, regional, mandatory, recommendatory, permanent and temporary standards are singled out. The authors conclude that the Ukrainian authorities are entrusted with important tasks, functions and powers to guarantee the rights and freedoms of internally displaced persons, as well as tasks concerning implementation and protection of such rights and freedoms, restoration of violated rights and implementation of existing international standards and best foreign practices. Therefore, it is natural to improve Ukrainian legislation and ensure effective and accessible procedures. Proposed are ways to solve existing problems in the sphere of social protection, electoral law, housing and land rights, and provision of legal aid.
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Lyapunov, B. A. „Privacy of an individual: the concept, essence and legal nature“. Actual Problems of Russian Law, Nr. 2 (01.02.2019): 33–42. http://dx.doi.org/10.17803/1994-1471.2019.99.2.033-042.
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The article is devoted to the issues of comparative legal analysis and correlation of theoretical and legal concepts of personal privacy prevailing in foreign legal literature, and is aimed at determining the legal nature, essence and social value of privacy for the individual, society and the State in the conditions of formation and development of social relations in the age of information technology. For the first time in the domestic legal literature, the article attempts to define the author’s theoretical and legal model (concept) of understanding privacy of an individual as a complex system of interrelated elements, i.e. rights and freedoms of the individual, reveals the essence and legal nature of relevant elements, provides for the author’s definitions of elements in question, and draws conclusions concerning importance of this approach for both domestic legal science and court practice.
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Sobczyk, Paweł. „Wolność sumienia i religii w art. 53 Konstytucji Rzeczypospolitej z dnia 2 kwietnia 1997 r.“ Prawo Kanoniczne 44, Nr. 3-4 (10.12.2001): 207–23. http://dx.doi.org/10.21697/pk.2001.44.3-4.08.
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The 53rd article of the Constitution of the Republic of the Poland concerning the freedom of faith and religion, adopted of the 2nd of April 1997, is a result of a long lasting constitutional debate since 1989. Debate’s counterpatrs were: the President of the Polish Republic, the Constitutional Commission of the National Assembly, the Constitutional Commissions of the two chambers of Polish Parliament: the Sejm and the Senate, political Parties and citizens’ movements as well as individual persons. This broad engagement shows the importance of issues affecting freedoms and human rights of the citizens in the Republic of Poland. It underlines especially the idea of the constitutional legislator thet the freedom of faith and religion is a primary and indispensable right of a human beeing. More then that, as far as this freedom touches the crucial element of the human nature, it creates in every person a deep foundation for the existense of other freedoms.
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Astafichev, Pavel. „Problems of implementation of constitutional rights and freedoms of man and citizen in the context of COVID-19“. Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, Nr. 1 (09.04.2021): 42–53. http://dx.doi.org/10.35750/2071-8284-2021-1-42-53.
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The article is devoted to the study of a range of problems concerning the implementation of constitutional human rights and freedoms in the context of the threat of the spread of a new coronavirus infection. The author states that from the point of view of the implementation of the institution of constitutional rights and freedoms of man and citizen, the legal regulation pattern was likely to be the strengthening of guarantee of the constitutional right to the protection of life and health, in part, to the detriment of other constitutional rights and freedoms, first of all – the right to freedom of movement, personal privacy, work, freedom of individual enterprise, right to education, access to arts, culture and cultural values and use of cultural establishments. In case of COVID-19, preference was forced upon de facto federalism, which implies a reasonable decentralization of the subjects of jurisdiction and powers, vertical sharing of powers to guarantee the constitutional principle of separation of powers. The article proves that the executive power has the right to plan and organize sanitary and anti-epidemiological, preventive and even restrictive measures, but it cannot limit the constitutional rights and freedoms of citizens bypassing the will of the representation of the people in a democratic society. In extremis, when circumstances require an immediate solution, it is possible only for a very short time, used by a representative body to fully discuss and make a proper decision.
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Chochowski, Krzysztof. „Postępowanie kontrolne wobec osób posiadających poświadczenie bezpieczeństwa a ochrona informacji dotyczących jednostki“. Opolskie Studia Administracyjno-Prawne 17, Nr. 1 (15.11.2019): 33–49. http://dx.doi.org/10.25167/osap.1491.
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This text presents considerations regarding control follow-up for persons who have a security clearance, the proceeding being aimed at verifying whether the said person still guarantees the confidentiality of secret information. As part of this proceeding, a person who is subject to a control review procedure is subject to restrictions on some of his or her rights and freedoms, in particular the right to protect information concerning him or her. The aim of the considerations is to present the control proceedings conducted against persons possessing security clearance, in the context of protection of the rights of the individual concerned.
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Kapelańska-Pręgowska, Julia. „The (still) Unresolved Question of COVID-19 Passes Compatibility with the ECHR. Comments on the ECtHR Decision of 7 October 2021 in Zembrano v. France (Application no. 41994/21)“. Polish Review of International and European Law 11, Nr. 1 (30.06.2022): 169–82. http://dx.doi.org/10.21697/2022.11.1.07.
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This article analyses the question of compatibility of COVID-19 passes with the European Convention of Human Rights. The present commentary’s point of reference is the European Court of Human Rights inadmissibility decision in Zembrano v. France. Nevertheless, the main focus is not given to the admissibility criteria but to the more general considerations concerning restrictions of individual rights and freedoms introduced in the context of the current pandemic. The article offers some insights into the necessity and proportionality of an interference (the COVID-19 pass requirement). It also discusses if such measures are discriminatory or not
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Gołębiowska, Anna. „Gwarancje wolności sumienia i religii w Konstytucji Rzeczypospolitej Polskiej z dnia 2 kwietnia 1997 r.“ Prawo Kanoniczne 54, Nr. 3-4 (09.07.2011): 333–65. http://dx.doi.org/10.21697/pk.2011.54.3-4.13.
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The systemic transformation initiated by the Roundtable talks of 1989 made it necessary for Poland to amend its constitution, including the regulations concerning the freedom of conscience and religion. Reflecting only the Catholic Church’s official positions, presents issues concerning the Catholic Church’s position on religious freedom in the individual dimension, that is, the freedom of conscience and religion. The Conference of the Polish Episcopate’s 1990-1997 positions on religious freedom in the individual dimensions contained some of the most important aspects of the teaching of the Second Vatican Council. The constitutional guarantees of religious freedom contained in the article 53 – freedom of conscience and religion – should be seen as a compromise between the principles of liberal ideology and the teachings of the Second Vatican Council. Debate’s counterparts were: the President of the Polish Republic, the Constitutional Commission of the National Assembly, the Constitutional Commissions of the two chambers of Polish Parliament: political Parties and citizens’ movements as well as individual persons. More then that, as far as this freedom touches the crucial element of the human nature, it creates in every person a deep foundation for the existence of other freedoms.
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Schmitt, Michael N., und Liis Vihul. „Sovereignty in Cyberspace: Lex Lata Vel Non?“ AJIL Unbound 111 (2017): 213–18. http://dx.doi.org/10.1017/aju.2017.55.
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Globalization has not conquered sovereignty. Instead, the notion of sovereignty occupies center stage in discussions concerning the normative architecture of cyberspace. On the diplomatic level, the term is generally employed in its broadest sense, one that signifies freedom from external control and influence. For instance, when Western states raise the issue of human rights in cyberspace, those on the opposite side of the negotiating table fall back on sovereignty-based arguments. Mention of sovereignty in consensus documents is consequently often the price that liberal democracies pay to advance their policy priorities, such as individual freedoms and the availability of self-help measures in response to hostile cyber operations.
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Muhadar, Nemos. „VICTIMLESS CRIMINAL ARRANGEMENTS: A REVIEW OF MORALITY CRIMES“. Pena Justisia: Media Komunikasi dan Kajian Hukum 22, Nr. 3 (13.01.2024): 612. http://dx.doi.org/10.31941/pj.v22i3.3680.
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<em>Criminal law without victims is a legal concept that focuses on the restoration of social harm and the protection of societal values, rather than solely addressing individual harm. Acts of indecency involve behaviors that violate social norms without directly affecting physical or economic victims. The regulation of victimless crimes in the context of decency laws is relevant to changes in societal behavior and modern technology, but it also raises questions about the balance between protecting societal values and individual freedoms. This research aims to evaluate the regulation of victimless crimes in the context of decency laws in Indonesia and analyze the impact of implementing these regulations on modern society. The study employs normative research methods to analyze the relevant legal regulations concerning victimless crimes in the context of decency. Data will be collected through literature reviews, including online and printed legal sources, with the goal of providing valuable recommendations for policymakers and legal practitioners addressing issues related to victimless crimes in decency. The research findings highlight that in Indonesia, the regulation of victimless crimes in the context of decency includes laws aimed at preserving the morality and decency of society as a whole without requiring individual victims who feel harmed. Examples of such laws include the Pornography Law, Gambling Regulation, and Child Protection Law. While these laws protect moral values, they can also pose threats to individual freedoms, necessitating ongoing evaluation to strike the right balance. The implementation of these regulations in modern society has complex impacts, including on individual human rights, legal effectiveness, social norms, culture, and government-citizen relations. Achieving a balance between safeguarding individual human rights and regulating behavior perceived as harmful to society is crucial in the development of modern society.</em>
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Krawiec, Grzegorz. „CURRENT ISSUES CONCERNING THE FREEDOMS AND RIGHTS OF PEOPLE WITH DISABILITIES IN THE OMBUDSMANS ACTIVITIES“. Roczniki Administracji i Prawa 4, Nr. XXII (31.12.2022): 15–31. http://dx.doi.org/10.5604/01.3001.0016.3312.
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This article presents selected cases handled by the Ombudsman in 2022 on the subject of human and civil liberties and rights. This period was and is special if only for the fact that the COVID-19 epidemic prevailed and still prevails. It was combined with restrictions on human and civil freedoms and rights, including those of persons with disabilities. Their analysis leads to the conclusion that there are more and more cases of a general nature - those that do not only and exclusively concern an individual person(s), but are relevant to the entire group of persons with disabilities. One can see the increasing activity of the Ombudsman in this area. Activity that is derived from societal needs. And although the subjects to whom the general address is addressed do not always share the Ombudsmans position, the issue becomes high-profile and in the media, and the problem is visible in the public sphere. And this is probably also the point of the Ombudsmans activity - besides the hard legal measures, the Ombudsman should publicly point out in which areas the law is not well structured and in which areas there is bad/improper practice in the application of the law. Thus, it can be concluded that the Ombudsman is not only a body that contributes to the implementation of good administration, but also a body that is supposed to implement the postulate of good law.
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Śwital, Paweł. „Principles Determining the System of Local Government in Poland“. Teka Komisji Prawniczej PAN Oddział w Lublinie 14, Nr. 1 (21.07.2022): 463–72. http://dx.doi.org/10.32084/tekapr.2021.14.1-38.
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Local government has become a constant part of the state system. It must be therefore founded on principles that determine the system in an appropriate manner that conforms to legal regulations. Decentralisation and subsidiarity are the basic principles. They make direct references to an individual’s situation, fundamental rights and freedoms. This is the individual who should have maximum control over their position in both private and public legal dimensions. The systemic issues seen in this light are connected to the participative model of public administration, which assumes active civic involvement in the process of making resolutions. This paper will analyse positions of the doctrine and judicature concerning fundamental principles determining local government, i.e. of decentralisation, subsidiarity, and participative democracy.
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Peno, Michał. „Wokół modeli regulacji prawnej instytucji rodziny i zakresu ingerencji państwa“. Zeszyty Prawnicze Biura Analiz Sejmowych 81, Nr. 1 (18.11.2024): 40–56. http://dx.doi.org/10.31268/zpbas.2024.03.
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The aim of the study is to analyze and typologize the models of regulating the institution of the family and to assign the Polish model to one of these types and an indication of those rules, which, from the point of view of the legal system, constitute the essence of this type. The a simile method was applied, relating the considerations concerning individual rights and freedoms to the community which is the family. As a result, four types of model regulation (paternalistic, perfectionist, eudaimonic and liberal) were distinguished. These models were discussed. Conclusions cover the axiology of a types of regulations, as well as the rules necessary to maintain the type of regulation rooted in the legal culture.
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MARKHEIM, M. V., und I. YU LUKYANOVA. „SOCIAL SUBJECTS OF LEGAL RELATIONS: CONSTITUTIONAL REFRAIN“. Lobbying in the Legislative Process 2, Nr. 2 (30.06.2023): 10–15. http://dx.doi.org/10.33693/2782-7372-2023-2-2-10-15.
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In the article, the authors, based on the attributive importance of the subject in legal relations, taking into account approaches to their scientific and sectoral development, based on the analysis of the texts of the Constitution of Russia and a number of CIS countries, presented generalizations and conclusions concerning the subject of a number of constitutional legal relations. In order to reveal the specific groups of social subjects of constitutional legal relations, the paper also analyzes public subjects, which, having their own varieties, are united by involvement in the implementation of the constitutional obligation to protect human and civil rights and freedoms. The authors substantiate that the coupling of social subjects of constitutional legal relations with the rights and freedoms addressed to them solves the problems of the adequacy of human rights and restrictive measures. It is also noted that along with universal social subjects - a person and a citizen - the constitutional texts use generalized and concretized versions of the definition of such subjects through the appropriate pronouns and “personality”. With regard to the Constitution of Russia, it is concluded that “personality” is a category that unites all other names of individual social subjects.
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Ivchenko, Liudmyla. „ECTHR case law on legal liability for offences in the field of environmental protection environment“. Visegrad Journal on Human Rights, Nr. 6 (14.03.2024): 78–82. http://dx.doi.org/10.61345/1339-7915.2023.6.13.
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Pursuant to Article 55 of the Constitution of Ukraine, everyone has the right, after exhausting all national legal remedies, to apply for protection of their rights and freedoms to the relevant international judicial institutions or international organisations of which Ukraine is a member or participant [1]. One of such organisations is the European Court of Human Rights (ECTHR), which decides on the establishment of violations of human rights enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms (CCHR). Given that Ukraine has recognised the jurisdiction of the ECTHR and the principle of extending its judgments to third states that are not parties to the case, we consider the study of the Court’s case law to be a necessity for the member states.
This article analyses the ECTHR case law on legal liability for environmental offences. Based on the results of the study, it is found that the peculiarity of the ECTHR judgments in cases concerning environmental offences is the absence of direct enshrining of “environmental” rights in the Convention, and the establishment of the components of such offences by interpreting the existing rules in each individual case.
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Y. Sonafist. „Epistemology of Islamic Law Concerning Human Rights“. Hikmatuna : Journal for Integrative Islamic Studies 9, Nr. 1 (28.06.2023): 64–77. http://dx.doi.org/10.28918/hikmatuna.v9i1.985.
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Human rights law in the context of answering human rights debate as the spirit of constitutional law, international law, and criminal law. civil law, and procedural law with a blended approach international law and national law. In the Islamic context, the understanding of Human Rights is studied through the understanding of Islamic Law itself. The problems inherent in humans are of interest to scientists, philosophers, and legal experts because humans have inherent will, rights, and freedom. in Islam, all human rights are obligations of a state or individual that cannot be ignored. Hence, human rights in Islamic law are related to the concept of equality which is transcendentally stipulated for the benefit of humans through Islamic law. In Islamic law, humans are beings who have duties and responsibilities and have rights and freedoms based on justice. Human rights are rights that are owned by everyone in accordance with human conditions. Human problems are complex if the rights inherent in humans are not fought for and protected, such as the right to life, the right to freedom, the right to religion, the right to justice, the right to equality, the right to education, the right to freedom of opinion, the right to ownership, and the right to get a job. .In other words, without protection there will be social oppression, human colonization, and authoritarian life arrangements. Therefore, freedom and the will for independence must be protected from oppressive outside forces.
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Trubalski, Artur. „Konstytucyjne mechanizmy zapewnienia bezpieczeństwa państwa w kontekście ochrony praw człowieka“. Acta Iuridica Resoviensia 35, Nr. 4 (2021): 405–14. http://dx.doi.org/10.15584/actaires.2021.4.29.
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The aim of the study is to present the constitutional regulations concerning ensuring the security of the state in the context of the protection of human rights and the related restrictions. This is the first stage for further research in the field of detailed relations between legal solutions contained in individual branches of law and their impact on the issues of limitations in the exercise of human and civil rights and freedoms. The practice of the functioning of the Republic of Poland over the last several months has made the issue of these relations more important. Therefore, it is reasonable to present and analyze these issues in more detail, starting with the level of constitutional regulations, which constitute the starting point for more detailed regulations, for example in the field of civil or administrative law.
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Ułanowicz, Mateusz. „Charakterystyka działalności poselskiej Hermana Liebermana w latach 1922–1926 dotyczącej Najwyższego Trybunału Administracyjnego“. Miscellanea Historico-Iuridica 22, Nr. 1 (2023): 149–70. http://dx.doi.org/10.15290/mhi.2023.22.01.07.
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The article aims to present Herman Lieberman’s parliamentary activity in the years 1922–1926, concerning the enactment and amendment of the act on the Supreme Administrative Tribunal of 3 August 1922. The main reason for exploring this problem is the fact that his parliamentary activity, focusing on the first Polish administrative court, was omitted from his memoires and his official biography, written by Artur Leinwald. Apart from that, the topic of this article coincides with the centenary of the Supreme Administrative Tribunal. Furthermore, this publication shows how the Sejm and the Supreme Administrative Tribunal operated before the may coup of 1926, because afterwards the new executive was progressively forcing the Supreme Administrative Tribunal to cooperate with government and to support state policy. The greatest number of sources concerning Lieberman’s parliamentary activity in the interwar period can be found at the Sejm Library’s website. Therefore, the methodology for writing this article consisted in the analysis of the bills and protocols of the Sejm, the Constitutional Committee, and the Legal Committee. These sources show that Herman Lieberman was very involved in the legislative work concerning the Supreme Administrative Tribunal. Analysis of these documents makes it possible to conclude that the parliamentarian was a great supporter of setting up this court in Poland. Herman Lieberman was sure that the Supreme Administrative Tribunal would be the guarantor of the protection of individual rights and freedoms.
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Rus, Mihaela, Tasente Tasențe, Mihaela Luminita Sandu und Ana Maria Iscru. „Strategies and specific techniques to mass-media relations activities in a public institution“. Technium Social Sciences Journal 28 (09.02.2022): 273–90. http://dx.doi.org/10.47577/tssj.v28i1.5904.
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In a democratic society like ours, the role of the press is to gather, to structure and to disseminate accurate and comprehensive information concerning matters of public interest, information that the audience needs. Any coercion or obstruction of these activities, violates the public`s right to information. Freedom of the press also derives from the fundamental freedoms of thought, speech, expression and opinion, enshrined in various national and international laws and normative acts. The concept of the public interest is constantly evolving, which makes it difficult to define it, but, nevertheless, it can be said that it is information of public interest that allows citizens to participate fully in social and political activities. In order to determine what is in the interest of the public, the media and individual journalists will carry out research independently, without any constraints, respecting the job description and the legislation in force.
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O’Malley, Martin, Jürgen Zerth und Nikolaus Knoepffler. „Ethics of vaccination prioritization and compulsory vaccination: An integrative approach“. Ethics & Bioethics 11, Nr. 3-4 (01.12.2021): 153–62. http://dx.doi.org/10.2478/ebce-2021-0012.
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Abstract Vaccine scarcity and availability distinguish two central ethics questions raised by the Covid-19 pandemic. First, in situations of scarcity, which groups of persons should receive priority? Second, in situations where safe and effective vaccines are available, what circumstances and reasons can support mandatory vaccination? Regarding the first question, normative approaches converge in prioritizing most-vulnerable groups. Though there is room for prudential judgement regarding which groups are most vulnerable, the human dignity principle is most relevant for prioritization consideration of both medical and non-medical issues. The second question concerning mandates is distinct from considerations about persons’ individual moral duty to receive vaccines judged reasonably safe and critical for individual and public health. While there is consensus regarding the potential normative support for mandated vaccination, the paternalistic government intervention of vaccine mandates requires a high bar of demonstrated vaccine safety and public health risk. We discuss stronger and weaker forms of paternalism to deal with the Covid-19 pandemic from an “integrative” approach that integrates leading normative approaches. We argue against a population-wide compulsory vaccination and support prudential measures to 1) protect vulnerable groups; 2) focus upon incentivizing vaccine participation; 3) maintain maximum-possible individual freedoms, and 4) allow schools, organizations, and enterprises to implement vaccine requirements in local contexts.
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Khujayev, Shokhjakhon. „THE NEED FOR LEGAL REGULATION OF SOCIAL NETWORKS“. Review of Law Sciences 6, Nr. 3 (10.10.2022): 23–33. http://dx.doi.org/10.51788/tsul.rols.2022.6.3./qvez1075.
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Today 67% of the world’s population, about 80% of Uzbek people actively use the Internet, in particular social networks. Various legal relationships arise through social networks – e-commerce, information exchange, etc. Unfortunately, there are also cases of violations of human rights and freedoms. This article critically analyzes the norms of international acts and national legislation concerning the regulation of virtual relationships and social networks. The main purpose of the article is to improve legislation by taking advanced standards into account. Methods of critical analysis, comparative legal analysis, and statistical data study were used as research methods. Taking the analysis into account, it was revealed that in order to effectively regulate virtual relations arising in social networks, it is necessary to consolidate the freedom of Internet use in the Constitution of the Republic of Uzbekistan, clarify the legal status of bloggers, introduce a mechanism to restrict the use of social networks only in court. Based on the results of the study, conclusions were drawn about the importance of ensuring the protection of individual rights and freedoms in social networks. These conclusions can be used in the development of regulatory legal acts aimed at regulating the national segment of the Internet in the Republic of Uzbekistan, including social networks, improving the practice of ensuring information security in the social network. The results of the study allow us to enrich the theoretical foundations of the use of contractual legal instruments in the regulation of relations in social networks.
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Socha, Robert, und António Tavares. „Human and Civil Rights and Freedoms in a State of Natural Disaster and Epidemic Emergency“. Internal Security 13, Nr. 1 (27.09.2021): 133–42. http://dx.doi.org/10.5604/01.3001.0015.2904.
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On 11th March 2020, the World Health Organisation (WHO) declared a state of pandemic. In turn, on 21 March 2020, the Minister of Health, by way of a regulation, declared a state of epidemic in the territory of the Republic of Poland. At the same time, the decision resulted in the introduction of many restrictions concerning, inter alia, freedom of movement, assembly and trade. At the same time, discussions started on the constitutionality of the introduced restrictions on civil liberties. Having the above in mind, the aim of this article is to present the correlation in the sphere of limiting or suspending civil liberties in a state of emergency, such as a state of natural disaster, and in “non-emergency” states, such as a state of epidemic threat and a state of pandemic. Although the word “state” appears in the three mentioned legal situations, the state of natural disaster, as one of the three constitutional states of emergency, creates a different legal and socio-political situation than the state of epidemic threat or the state of pandemic. A common feature of the above-mentioned events, however, is that they became a fundamental disruption of the social context of individual and group functioning in connection with the occurrence of a human infectious disease.
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Auger, Bernard. „Ce qui est abusif au sens de l'article 8 de la Charte canadienne lors de la recherche de preuves“. Les Cahiers de droit 27, Nr. 4 (12.04.2005): 965–82. http://dx.doi.org/10.7202/042777ar.
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In determining whether legislation permitting search and seizure properly meets the requirements of section 8 of the Canadian Charter of Rights and Freedoms, the courts have been obliged to balance the right of the individual to be secure against unreasonable search and seizure with the right of the state to ensure compliance with the law. In Hunter v. Southam, the Supreme Court of Canada established the minimum criteria of reasonable search and seizure for the purposes of section 8. The liberal approach adopted by the Supreme Court raises an important question : Should the same criteria apply to administrative statutes empowering bodies to conduct inquiries and inspections ? The author compares section 8 of the Charter with the American 4th Amendment, examining the requirement for search warrants in the light of Canadian cases. He then examines and discusses the case law concerning the applicability of section 8 to statutory provisions relating to the production of documents and the standard of reasonableness that should apply to these situations.
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Barnett, Jon, und W. Neil Adger. „Mobile Worlds: Choice at the Intersection of Demographic and Environmental Change“. Annual Review of Environment and Resources 43, Nr. 1 (17.10.2018): 245–65. http://dx.doi.org/10.1146/annurev-environ-102016-060952.
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Research on environmental change has often focused on changes in population as a significant driver of unsustainability and environmental degradation. Demographic pessimism and limited engagement with demographic realities underpin many arguments concerning limits to growth, environmental refugees, and environment-related conflicts. Re-engagement between demographic and environmental sciences has led to greater understanding of the interactions between the size, composition, and distribution of populations and exposure to environmental risks and contributions to environmental burdens. We review the results of this renewed and far more nuanced research frontier, focusing in particular on the way demographic trends affect exposure, sensitivity, and adaptation to environmental change. New research has explained how migration systems interact with environmental challenges in individual decisions and in globally aggregate flows. Here we integrate analysis on demographic and environmental risks that often share a root cause in limited social freedoms and opportunities. We argue for a capabilities approach to promoting sustainable solutions for a more mobile world.
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Strang, Johan. „The other Europe? Scandinavian intellectuals and the fragility of democracy in the wake of World War II“. Journal of Modern European History 17, Nr. 4 (11.10.2019): 500–518. http://dx.doi.org/10.1177/1611894419880462.
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It is often argued that the Scandinavian post-war period was marked by a democratic optimism that contrasts with the deep concerns for the inherent dangers of popular sovereignty and the thorough moral reconsideration that took place on the European continent in the wake of World War II. This article seeks to balance this view by exploring what Scandinavian intellectuals believed had caused the collapse of democracy in Europe in the 1930s and what they saw as the main threats to democracy in the emerging post-war societies. Focusing on the fears of socialist planning, concerns about the position of individual rights and freedoms in modern societies, and the anxieties concerning the secular total state, the article suggests that the Scandinavian post-war democratic settlement was indeed built around a different set of ideas from those evident in many other places in Europe, but that it was no less informed by recent historical experiences or concerns for the fragility of democracy.
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Baranov, Vladimir, und Roman Romashov. „Personal dignity as a constitutional value: concept, practice, technique“. Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 1, Nr. 1 (28.03.2024): 14–31. http://dx.doi.org/10.36511/2078-5356-2024-1-14-31.
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The construction of the dignity of the individual is considered in the context of the cyclical politogenesis of the Russian state-legal system. Based on a comparative analysis of the concepts of ‘‘man’’, ‘‘citizen’’, ‘‘personality’’ in the Russian language and the domestic political and legal tradition, a hypothesis of the semantic transformation of these categories in the context of cultural and historical discreteness is put forward. It is noted that the current Constitution of the Russian Federation presents both normative and natural-legal types of legal understanding, which allows us to talk about the dual nature of personal dignity, including both natural (personal self-respect) and positive (respect for the human personality on the part of the state) components. A comparison is made of the “highest value” of a person declared at the constitutional level, his rights and freedoms, regardless of the individual socio-legal status and the actual situation that presupposes an attitude both to the individual himself and to his personal dignity, taking into account the place occupied in the social structure of society and appropriately assessed by the state (state rights). Proposals and recommendations are formulated concerning the consolidation of the system of constitutional guarantees for the realization and protection of the right of personal dignity, as well as the legal technique of its limitation.
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Nurmagambetov, Rashit G., und Valeriy S. Popov. „General theoretical problems of determining the object of constitutional regulation of public relations and its types in the Russian Federation“. Vestnik of Kostroma State University, Nr. 4 (2019): 180–85. http://dx.doi.org/10.34216/1998-0817-2019-25-4-180-185.
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A theoretical and legal study of problematic issues concerning the subject of constitutional regulation is important for the science of constitutional law, and it allows to eliminate the prevailing uncertainty in this matter. As a result of a theoretical analysis of scientists' points of view, the author comes to the conclusion that in its root essence the expediency of addressing the issue of the subject of constitutional regulation is explained by the uncertainty in understanding the essence of the analysed concept in the legal literature. The author believes that the "object of constitutional regulation" and "the subject of constitutional regulation" are different concepts with common ground. The author’s position is proposed to include the principles of constitutional law, the benefits of tangible and intangible nature, digital values of the individual, society and the state, including human and civil rights and freedoms, sovereignty and independence of state power, legal interests, – in the category "object of constitutional regulation". It is they which characterise the special sphere of relations, the sphere of constitutional influence, precisely revealing the content of the "object of constitutional regulation", its volume.
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Simić, Soňa. „Taxation of Digital Services in the Context of Freedom to Provide Services“. Financial Law Review, Nr. 31 (3) (23.10.2023): 38–54. http://dx.doi.org/10.4467/22996834flr.23.011.18595.
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The presented paper is dedicated to the taxation of digital services in the light of one of the basic freedoms of the European internal market, namely the freedom to provide services according to Art. 56 of the Treaty on the Functioning of the European Union. The taxation of digital services is currently characterized by the application of uncoordinated unilateral mechanisms by individual States, most often in the form of a digital services tax (DST). The author first provides a categorization of these unilateral mechanisms, especially in the field of direct and indirect taxes, and then considers the so-called "other unilateral mechanisms" consisting of inter alia special procedural legal institutes (e.g. the obligation of the digital platform as an intermediary to withhold tax). Subsequently, the author provides an overview of the interpretation of the provisions of Art. 56 of the Treaty on the Functioning of the European Union in three cases discussed by the Court of Justice of the European Union concerning unilateral mechanisms of taxation of digital services.
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Wójcicka, Ewa. „Access to a Court in Matters Concerning Disputes of an Individual with the Public Administration in the Republic of Poland vs. the Standards of the Council of Europe“. International and Comparative Law Review 16, Nr. 1 (01.06.2016): 111–25. http://dx.doi.org/10.1515/iclr-2016-0008.
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Summary This paper focuses specifically on the fundamental part of the right to a fair trial, namely access to a court. The aim of this article is an attempt to analyse the difference between the requirements of European standards and how they are reflected in Polish legislation. First of all, I am going to analyze basic European standards specified in Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, Recommendation Rec(2004)20 on the judicial review of administrative acts and in the jurisprudence of the European Court of Human Rights. Then I will focus on selected aspects of the problem of judicial review of administrative acts specified in the Act of 30th August 2002 Law on Proceedings before Administrative Courts. I will discuss several specific topics from this field, which can be considered as crucial in relation to access to court, namely: definition of terms for access to justice by an individual, exhausting administrative remedies before judicial review, locus standi and legal aid.
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Villiers, Bertus De. „Freedom of Expression and Hate Speech: When Values Collide in Divided Societies“. Constitutional Review 8, Nr. 2 (30.12.2022): 184. http://dx.doi.org/10.31078/consrev821.
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One of the thorniest issues in law, especially concerning the boundaries of what is reasonable and proportionate, is the distinction between freedom of expression and hate speech. Striking a balance between freedom of expression and hate speech is, however, not a mere exercise in theory; it goes to the core of respect of individual rights and freedoms. To one person, uttering speech pursuant to the right to free expression is essential for a free and open democratic society; whereas another person, offended by what they perceive as hatred, can experience such speech as an attack on their identity and self-worth, causing harm, fear and anxiety that deny their individual rights to equality, identity and dignity. This paper gives a brief overview of jurisprudential developments in international law concerning speech that may fall within the category of hate speech, whereafter two prominent South African judgments by the Equality Court are discussed. Those two judgments highlight the complexities in determining when speech can be regarded as hate speech; what test is applied to ascertain whether speech constitutes hate speech; what evidence is required for a finding to be made; and the effect of a declaratory order. The two judgments discussed, the Nelson Mandela Trust and Ors v. AfriForum and Ors (Old Flag case 2019) and the AfriForum and Economic Freedom Fighters and Ors (Kill the Boer Case 2022), attempted to determine the line that separates freedom of expression from hate speech. The judgments, perhaps not unexpectedly, have given rise to more questions than answers. The inconsistency in comparative jurisprudence reaffirms that the labelling of speech as hate speech should be reserved for the most extreme forms of speech; it should be proportionate to the speech, including who expressed it, where and when; and any declaration should only be directed at the specific incident and not restrict speech in general.
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Sobczyk, Paweł. „Necessity of Protecting Religious Feelings under Criminal Law in a Democratic State“. Law, Identity and Values 1, Nr. 1 (2021): 145–59. http://dx.doi.org/10.55073/2021.1.145-159.
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Offending religious feelings, as referred to in Article 196 of the Polish Penal Code, was criminalized as follows: ‘Any person who offends the religious feelings of others by publicly insulting an object of religious worship or a place dedicated to the public celebration of religious rites shall be liable to a fine, restriction of freedom or imprisonment for a term not exceeding 2 years.’ This study highlights some doubts concerning the protection of freedom of conscience and religion using the example of the crime of offending religious feelings and attempts to prove the necessity of such protection in the Republic of Poland, a democratic state ruled by the law. The study first examines whether criminalising offences to religious feelings contravenes the constitutionally and internationally guaranteed freedom of speech (expression), freedom of conscience and religion, and broadly understood democratic standards. The study then examines whether criminal law is too strict an instrument to apply to alleged offences against religious feelings, and whether administrative or civil law (thought to be more lenient) is sufficient for ensuring the protection of individual freedoms and rights in this regard.
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Saini, Gaurav, und Vikasdeep Singh Kohli. „Scope of sedition under Provision124A of the Indian penal code in Modern India: Comparative Analysis and Future Prospects for Legal Reform“. Journal of Advances and Scholarly Researches in Allied Education 21, Nr. 7 (01.10.2024): 43–52. https://doi.org/10.29070/wycpvw51.
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This paper explores the scope and application of Section 124A of the Indian Penal Code, which defines and penalizes sedition, analyzing its relevance in the context of modern democratic principles and its implications on free speech and dissent. Originally introduced during the colonial era, Section 124A has continued to play a significant role in managing internal security but has increasingly sparked debates concerning its alignment with democratic ideals and freedom of expression. This study examines how Indian courts have interpreted sedition laws, often oscillating between national security and the protection of civil liberties. A comparative analysis with sedition laws in other democracies, including the United States and the United Kingdom, reveals varying approaches to balancing state security and individual freedoms. Through these comparisons, the study highlights potential pathways for legal reform in India, advocating for a narrowed definition of sedition that aligns with international standards on free speech while addressing genuine threats to national security. This paper ultimately proposes specific policy recommendations aimed at reforming Section 124A to foster a legal framework that safeguards democratic discourse, upholds the right to dissent, and preserves public order in a manner consistent with India’s constitutional principles.
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Sava, Eleni. „The change in the legal classification of the criminal offense and the right to defense in the trial“. Academic Journal of Business, Administration, Law and Social Sciences 10, Nr. 2 (01.07.2024): 33–40. http://dx.doi.org/10.2478/ajbals-2024-0013.
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Abstract Due process of law is not just a right. As a constitutional principle, it extends to some basic human rights and freedoms, with which legal procedures are carried out. It is a guarantee of vital importance in any democratic society, the responsibility for ensuring which falls on the justice system. The right to due legal process is characterized by duality. On the one hand, it is presented as a guarantee for every citizen against the unjust actions of state authorities and on the other hand it constitutes an obligation not to violate the rights of citizens without a regular legal procedure. In order to make the protection of basic human rights and freedoms as efficient as possible, the constitutional legislator has provided legal means of constitutional control. The control exercised by the Constitutional Court, when the individual claims the violation of this principle, also appears in the form of a fundamental right in itself and becomes possible through an individual constitutional appeal. Respect for due legal process according to the Constitution is sanctioned by article 42 of the Constitution of Albania where “freedom, property and rights recognized by the Constitution and by law cannot be violated without due process of law.” This provision obliges all public authorities to respect freedom and other human rights. As a guarantee for a due legal process, every person has the right for his case to be heard in a due, public, legal process and within a reasonable time by an independent and impartial tribunal, established by law, which shall decide both disputes concerning his rights and obligations of a civil nature, as well as for the validity of any criminal charges against him.” Article 15 of the Constitution of the Republic of Albania provides that basic human rights and freedoms are indivisible, inviolable and underlie the entire legal order. Based on the constitution, during the criminal process, everyone has the right to be informed immediately and in detail about the accusation against him, about his rights, as well as to be given the opportunity to notify his family or relatives. Everyone has the right to defend himself or with the help of a legal defense lawyer of his choice, to communicate freely and privately with him and to be provided with free defense when he/she does not have sufficient means. The right of defense must be real and its exercise must not be hindered, but the courts must take all legal measures in function of the fair process in order to give the individual the opportunity to defend himself in compliance with the principle of equality of arms, creating the opportunity for the accused to familiarize himself with the materials, evidence and results of the investigation in advance, to prepare and to exercise an effective defense with arguments in his favor in order to oppose the charge brought. Each party must be given a reasonable opportunity to present its case, under conditions, which do not place it in a less favorable position vis-à-vis the opponent. Main objective of this manuscript is the right of defense of the individual during the change of the legal qualification of the criminal offense, analyzing the criteria for its realization in the ordinary trial and further specifically in the trial.
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Munir, Miftahul, Riswadi Riswadi und Evita Isretno Israhadi. „Legal Position Between Narcotics Addicts and Narcotics Abusers in the Perspective of Law Number 35 of 2009 Concerning Narcotics“. Jurnal Indonesia Sosial Sains 4, Nr. 05 (25.05.2023): 474–81. http://dx.doi.org/10.59141/jiss.v4i05.836.
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In the overall set of laws in Indonesia, opiates misuse is qualified as a wrongdoing in the opiates area which is controlled in Regulation no. 35 of 2009 concerning Opiates. Opiates wrongdoing is viewed as a type of wrongdoing that has serious ramifications for the eventual fate of this country, obliterating life and the future, particularly for the more youthful age. As indicated by Article 127 passage (1) Regulation no. 35 of 2009, Each individual who mishandles Opiates Classification I for himself will be rebuffed with detainment for a limit of 4 (four) years; Each individual who manhandles Opiates Classification II for himself will be rebuffed with detainment for a limit of 2 (two) years; and Each victimizer of Opiates Class III for himself will be rebuffed with detainment for a limit of 1 (one) year. Concerning what is implied by victimizers are individuals who use opiates without privileges or are illegal. The Opiates Regulation plans to: Guarantee courses of action for clinical and social restoration endeavors for opiates victimizers and fiends", be that as it may, Article 54 of the Law states "Opiates Junkies and Casualties of Opiates Victimizers are expected to go through clinical recovery and social recovery". In light of Article 54, the right of victimizers to get recovery isn't perceived. Moreover, victimizers who get recovery ensures under 4 Regulation no. 35 of 2009, however in Article 127 victimizers are created subjects who can be sentenced and lose their recovery freedoms except if they can be demonstrated or shown to be survivors of opiates. Demonstrating that opiates victimizers are survivors of opiates is a troublesome matter since it should be seen from the start that opiates clients use opiates. Likewise, it is important to demonstrate that opiates clients while utilizing opiates are in a state of being convinced, deceived, misdirected, constrained, as well as taken steps to utilize opiates.
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Hadała-Skóra, Anna, und Sabina Grabowska. „The Duty to Care for the State of the Environment in Polish Constitutional Regulations“. Reality of Politics 10, Nr. 1 (31.03.2019): 103–21. http://dx.doi.org/10.15804/rop201907.
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According to the Polish constitutional tradition, regulations concerning the duties of man and citizen can be found in chapter II of the Constitution of the Republic of Poland devoted to the rights and freedoms of the Polish Constitution, specifically in Articles 82-86 inclusive. The Constitution devotes relatively little space to its duties, and the catalog indicated therein is not extensive. The purpose of articulating obligations in the Constitution of the Republic of Poland is primarily to emphasize the most important ones from the point of view of the state, society and individual. In each country, some constitutional obligations are addressed only to citizens, while others are imposed on all who are subject to the authority of a given country. The Constitution of the Republic of Poland also does so. Indicated in art. 86 the obligation to care for the state of the environment and responsibility for its deterioration is in the group of universal obligations in terms of subject, which are imposed on every person who is within the jurisdiction of the Republic of Poland. This study is an analysis of the concept of environment, care for the state of the environment and the provisions of the constitution on this subject.
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Medvedieva, M. „INTERNATIONAL LAW AND CHRISTIAN VALUES IN HUMAN RIGHTS“. ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS 2, Nr. 127 (2016): 73–81. http://dx.doi.org/10.17721/apmv.2016.127.2.73-81.
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The article considers the role of International Law in asserting Christian values in human rights protection. The author gives examples of harmonious interaction of International Law and Christian morality. According to the author, as a result of certain factors, International Law started to deviate from the principles of Christian ethics. As a result at the level of creating and implementing International Law there is a positive attitude or indifference to such destructive practices that destroy the individual, family, society, state as abortion, surrogacy, change of sex, same-sex unions, euthanasia, cloning, genetic modification, research on human embryos, etc. The article deals with these trends mainly on the example of the European model of human rights. The author analyzes the practice of interpretation and application of the Convention for the Protection of Human Rights and Fundamental Freedoms (1950) by the European Court of Human Rights regarding the aforementioned issues and concludes that in many cases the Court goes away from the historical context of the adoption of the Convention, creates new rights, and in its judgments does not take into account the arguments of a state concerning the protection of public order and public morality that looks like a dangerous trend for the International Law functioning.
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Barbu, Denisa. „A Brief Analysis On Preventive Measures Involving Deprivation Of Liberty“. International conference KNOWLEDGE-BASED ORGANIZATION 21, Nr. 2 (01.06.2015): 398–402. http://dx.doi.org/10.1515/kbo-2015-0067.
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Abstract Preventive measures are divided by the legislator in 2 categories: imprisonment (detention, house arrest, preventive arrest) and restrictive of rights (judicial review and judicial control on surety). An absolute novelty is the introduction of house arrest. There is some controversy concerning the conditions which must be fulfilled in order to be disposed by the judge of rights and freedoms, the judge of preliminary Chamber or Panel of judges either the house arrest or the measure of preventive arrest. Whereas the establishment of preventive measures involves undermining the individual freedom, the national and the European laws have created a series of legal guarantees to prevent arbitrariness or abuse in making or extend/maintain them. There are also a number of provisions of a general nature, applicable to all preventive measures, namely, termination, revocation or replacement thereof. For all measures involving deprivation of liberty, general conditions must be fulfilled, stipulated by article 202, of the Code of Criminal Procedure, but for house arrest and detention in addition to the General conditions, special conditions should be fulfilled foreseen by article 223 of the Code of Criminal Procedure, conditions which must be cumulatively met. Not fulfilling the cumulative criteria laid down in national and European norms cannot be replaced by other considerations of the judge.
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Muraviov, Victor. „UKRAINIAN COURTS AND THE PROTECTION OF HUMAN RIGHTS“. Actual Problems of International Relations, Nr. 128 (2016): 68–75. http://dx.doi.org/10.17721/apmv.2016.128.0.68-75.
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The article is focused on the interaction between the Ukrainian courts of general jurisdiction and the Constitutional Court of Ukraine in the area of the protection of human rights. There is emphasized that their independent functioning does not provide for the efficient protection of individual rights and freedoms and significantly increases the number of the judicial recourses of the Ukrainian citizens to the European Court of Human Rights. Particular attention is paid to the role of the Constitutional Court of Ukraine in the protection of human rights, which combines the functions of the constitutional control and constitutional supervision. Its activities are focused on the official interpretation on the Constitution of Ukraine. Attention is paid to the list those who may bring the actions before the Constitutional Court, which includes apart from the state bodies the natural and legal persons. The is mentioning of the issues on initiating of proceedings before the Court. Also broadly is analyzed Constitutional Court’ activities concerning the interpretation of the Constitution in the light of the European Convention on Human Rights and other international agreements dealing with the protection of human rights. The article stresses on the contribution of other Ukrainian courts in the affirmation of the constitutional concept of the protection of human rights and freedoms in Ukraine. The majority of resolutions of such highest judicial body in the system of courts of general jurisdiction as the Supreme Court of Ukraine concern the judgments of the European Court of Human Rights. As it is emphasized in the article the independent functioning on the Constitutional Court and the courts of general jurisdiction does not provide for the cooperation between both branches of courts. Courts of general jurisdiction feel free as to the appeal to the Constitutional Court. Even when such appeals are directed to Constitutional Court the decisions of the letter are not binding to the courts of general jurisdiction. Special attention is paid to the introduction of the institute of constitutional complaint and its positive effect on the judicial mechanism of the protection of human rights in Ukraine.
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Maszniew, Zuzanna. „Private life in a public society — surveillance measures in a democratic state according to the case-law of the European Court of Human Rights“. Acta Iuridica Resoviensia 40, Nr. 122 (30.03.2023): 82–94. http://dx.doi.org/10.15584/actaires.2023.1.5.
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The democratic society strives for rules to maintain peace and well -being of the citizens. Rules may limit individuals but shall also give them freedom and safety. Human rights are an essential basis of the democracy; therefore, the European Human Rights Convention plays a pivotal role in ensuring these special and necessary rights and freedoms. Right to private life expressed in Art. 8 of the Convention secures a boundary between a public image and a private one, which, however, tends to be breached. The special bond between an individual and the State strives for balancing their separate interests. Even though the d ichotomy of such a relationship perpetuates around public and private matters, a single person is still a separate being in the society build within a State. According to the European Court of Human Rights’ case-law, the State can interfere with a private life in a way that is prescribed by law, necessary in a democratic society, while pursuing a legitimate aim that falls into certain margin of appreciation. However, there is a lively discussion concerning secret surveillance and monitoring of the individuals by the public authorities via obtaining CCTV footage and recordings from street cameras. Data processed in this way falls within the scope of Art. 8 of the Convention and constitutes a private life element. The role of the State is to protect and give freedom to, not freedom from, whereas the role of an individual seems to be to adjust and respect the regulations for the better good. The usage of juxtaposing terminology such as “private” and “public” is crucial, deliberate, and intentional when discussing individual rights in a democratic society. Private life and public society shall be understood and learnt about together, not separately, as the boundaries between them tend to disappear when it comes to the protection of human rights.
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Savinskiy, A. V. „Circumstances Excluding Criminality of an Act in the Light of the General Theory of Law“. Lex Russica, Nr. 11 (15.11.2020): 62–70. http://dx.doi.org/10.17803/1729-5920.2020.168.11.062-070.
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The paper is devoted to an actual problem of the legal theory and practice, namely: the institution of circumstances excluding criminal nature (criminality) of an act (Chapter 8 of the Russian Criminal Code). As a manifestation of criminal and legal compromise steadily strengthening its position in domestic criminal legislation, this legal phenomenon is intended to encourage citizens to commit actions that contribute to localization or minimization of threats to the interests of the individual, society and the state protected by the law. At the same time, despite seemingly clear legislative enactment, the institution of circumstances precluding the criminal nature of an act evokes hot scientific debates. Among forensic scientists there is no uniform opinion concerning the legal nature of the criminal law institution as a whole and some of the individual types of circumstances constituting the institution under consideration, in particular. The legal literature substantiates the idea of the need to expand the legislative list of such circumstances. Investigators and judges often face difficulties in practical application of the rules enshrined in articles of Chapter 8 of the Criminal Code (especially provisions concerning necessary defense, extreme necessity, reasonable risk). The reasons for theoretical and practical problems related to the circumstances excluding the criminal nature of the act are largely preconditioned by the insufficient research of the institution under consideration in the general theory of law. This fundamental theoretical legal science lacks general legal equivalents of the criminal law concepts “criminality of the act”, “circumstances excluding criminality of the act.” It is proposed to introduce into scientific circulation the general legal equivalent of the concept “criminality of the act” — “delinquency of the act”, representing the set of such features of the offense as public harm, wrongfulness, culpability and punishability. This new legal design will allow us to investigate the phenomenon of circumstances excluding criminality of the act in the light of a general theory of law, to determine the possibility and limits of their subsidiary application in various branches of law. Thus, categories of circumstances excluding criminal, administrative, civil. disciplinary delinquency of acts will acquire the right to exist in differnt legal sciences and relevant branches of law. This, in turn, will contribute to improving the effectiveness of protection of rights, freedoms and legitimate interests of the individual, ensuring the interests of the society and the state.
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Jamaludin, Hamzah, Wijayanto Wijayanto und Supratiwi Supratiwi. „Dinamika Peran dan Strategi LSM dalam Politik Lingkungan Hidup: Kasus Kebakaran Hutan dan Lahan“. Journal of Education, Humaniora and Social Sciences (JEHSS) 5, Nr. 1 (18.08.2022): 820–28. http://dx.doi.org/10.34007/jehss.v5i1.1318.
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Protection non-administrative associations (NGOs) and firms have been advancing worldwide willful principles, for example, the Roundtable on Supportable Palm Oil (RSPO), to create naturally dependable merchandise in tropical nations. This examination tries to figure out the methodologies and the viability of preservation NGOs concerning the RSPO. Our examination records that the preservation NGOs, while drawing in with the RSPO, might be separated into four classifications in view of the sort of assets prepared and the protection objectives: 1) 'Cooperative NGOs' try to change the framework from inside by giving logical exploration based data, by standing firm on essential situations and by making rules; 2) 'Rival' stays outside the RSPO while involving it as a stage for public missions; 3) 'Doubter' upholds networks to get neighborhood land privileges. These NGOs have carried out techniques that fortified RSPO's foundation. Be that as it may, the organization of the RSPO keeps the NGOs from arriving at their objectives for three reasons: 1) individual NGOs can't change system; 2) NGOs utilizing different commitment procedures can't team up; and 3) the doubter NGOs are basically rejected from the RSPO, however nearby land freedoms are a principal matter of worry for biodiversity protection. NGOs would be more successful in arriving at their objectives either by focussing on their underlying preservation goals or by decisively teaming up with one another external the designs of the RSPO.
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Hwan, Ruslan. „Municipal reform in Ukraine: a doctrinal approach to determining the components of system implementation blocks“. Law Review of Kyiv University of Law, Nr. 4 (30.12.2020): 155–66. http://dx.doi.org/10.36695/2219-5521.4.2020.27.
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The purpose of this article is to study doctrinal approaches to determining the components of system blocks – sections of muni -cipal reform in Ukraine in the context of their implementation.It is argued that the process of municipal reform has been carried out in Ukraine for many years and is characterized by the participationof a wide range of participants, from public authorities to institutional structures of civil society and international intergo -vernmental organizations that develop individually or collectively relevant municipal reform projects. goals, methods and forms ofimplementation, their priority and level of organizational and organizational and legal support and provision.It is argued that, on the one hand, a large number of concepts and program regulations of municipal reform contributes to slowingdown its pace and difficulties in choosing a national system of EOM, and on the other – demonstrates, concretizes, details the position of participants in municipal reform, appropriate methods and means of its implementation, and what is the main subject of this article –system blocks – sections of municipal reform concerning the legislative support of local government, the formation of real legal personalityof territorial communities, the formation of its own competence of local governments, improvement mechanisms of local protectionof human rights and freedoms (individual) at the local level of society, the final formation of the territorial organization of power,etc.
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Popov, A. A., M. Datsyuk-Tomchuk und V. I. Vyshkovska. „A FEW CONSIDERATIONS CONCERNING FREEDOM OF CONSCIENCE AND RELIGION“. Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 14, Nr. 27 (2024): 121–32. http://dx.doi.org/10.34079/2226-3047-2023-14-27-121-132.
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Freedom of conscience, freedom of religion and human rights are examined in the article in the context of their interrelationship and relationship. The authors analyze some canonical and legal definitions of the mentioned concepts, as well as the judicial practice of the European Court of Human Rights, where these concepts were evaluated and interpreted. The article draws attention to the fact that neither in the text of Article 9 of the Convention on the Protection of Human Rights and Fundamental Freedoms, nor in the practice of the Court, there is no definition of the term "religion". Arguments are also given regarding what the concepts of "freedom of conscience" and "freedom of religion" include. According to the authors, the scope of application of Article 9 is very broad, it protects both religious and non-religious views and beliefs. For an individual or collective belief to qualify as a right to "freedom of thought, conscience andreligion", it must reach a sufficiently high level of intensity, seriousness, persistence and importance. If this condition is met, the state's duty to observe neutrality and impartiality is incompatible with its discretion regarding the legitimacy of beliefs. The authors believe that the position of the European Court of Human Rights differs from the non- definition of the concept of "freedom of conscience" in Ukrainian legal documents. This is due to the fact that Ukrainian norms on freedom of conscience guarantee the right to be non-religious and to spread atheistic beliefs, leaving aside the question of beliefs. It is important to understand that conscience and belief are two different but interrelated concepts used to describe the internal processes of a person. Conscience is an inner voice or inner moral authority that leads a person to distinguish between good and evil, between right and wrong. Belief is an idea, idea or belief that a person has about certain issues or situations. They can be basic principles that guide our actions and deeds, or reflect our preferences, thoughts and attitudes to various aspects of life. Beliefs can be formed based on religion, culture, experience, education and other factors. Considering the legal capacity of religious groups and believers in accordance with international standards of the right to freedom of conscience, religion and belief, the authors come to the conclusion that an almost unsolved question remains open: "Who has the right to religion: a person or a legal entity (church)?" Depriving the Ukrainian Orthodox Church (Moscow Patriarchate) of its legal status in Ukraine, which is currently being actively discussed, does not at all mean depriving its parishioners of the right to freedom of religion, who can join existing churches or create a new one in accordance with Ukrainian legislation. Key words: human right to freedom of conscience and religion, conscience, beliefs, consistent worldview concepts, international standards of freedom of conscience and religion, principle of religious freedom.
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VASILYEV, S. A. „THE INTERRELATIONSHIP BETWEEN AUTHORITIES OF TERRITORIAL PUBLIC SELF-GOVERNMENT IN THE CITY OF SEVASTOPOL CONCERNING THE ISSUES OF ESTABLISHING THEIR BORDERS“. Actual Problems of Russian Law, Nr. 5 (18.06.2019): 44–50. http://dx.doi.org/10.17803/1994-1471.2019.102.5.044-050.
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In recent years, territorial public self-government has been used in various regions as an effective means of independent resolution of issues of local importance within a certain territory. This situation is preconditioned by the increasing State interference, including legal relations associated with the solution of issues of local importance, the development of management companies gradually expanding the range of their services, the existence and functioning of homeowners’ associations with varying degrees of effectiveness. In terms of creation and functioning of territorial public governments, the federal city Sevastopol has become a unique place in Russia. Prior to the accession of the region in question to the Russian Federation, the population actively participated in the solution of public issues, including issues of local importance, using the legal structures that were established under the Ukrainian legislation. It, in turn, granted quite a large amount of democratic freedoms to the residents of the city to which they are accustomed. With the beginning of the integration of Sevastopol into the Russian legal environment, some conditions for the implementation of direct democracy at the municipal level have changed taking into account the status of the region — the federal city with traditionally greater governmental influence on many issues due to the goal of preserving the unity of the urban economy. Another relevant aspect is that decision-making, including concerning the issues of local importance, in Sevastopol is carried out by officials, mostly from other regions, who lived in compliance with the Russian laws since the foundation of the Russian State and who bring their own understanding of local problems. As a result, a conflict arises between citizens seeking to implement forms of direct democracy and representatives of public authorities. The correctness of each of the parties in individual cases can be evaluated differently. The paper is devoted to considering one of them in legal practice.
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Воронов, Дамиан. „Human death or brain death? Christian view. Part II. Death criterion problem“. Theological Herald, Nr. 2(33) (15.06.2019): 75–96. http://dx.doi.org/10.31802/2500-1450-2019-33-49-60.
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Вторая часть статьи посвящена анализу фундаментальной этико-мировоззренческой проблемы медицинской этики, находящей своё отражение в отношении врача к вопросам жизни и смерти, актуализируя проблемы трансплантологии. Основным положением ключевых международных документов в связи с применением научно-технических достижений в сфере биологии и медицины является защита достоинства и индивидуальной целостности человека, гарантируемое всем без исключения соблюдение неприкосновенности личности и прочих прав и основных свобод. Рассматриваемая проблема напрямую затрагивает права, свободы и достоинство человека. Право человека на жизнь, воспринимаемое высшей ценностью и охватывающее все этапы земного бытия, как правило, не оспаривается обществом и не вызывает сомнений. Тотальная технологизация порождает новые вопросы о праве человека свободно распоряжаться не только своей жизнью, но и смертью. Помимо этической оценки права человека на жизнь, автор даёт христианскую оценку такой заключительной фазе человеческого бытия как умирание, в связи с чем остро выступает проблема установления границ жизни и смерти, поскольку именно на ней делаются гуманистические акценты современной прагматичной системы здравоохранения. The second part of the article is devoted to analyzing the fundamental ethical and ideological problems of medical ethics, which are reflected in a physician’s attitude to the issues of life and death, thereby actualizing the problems of transplantology. The main provision of key international documents concerning the application of scientific and technological achievements in the field of biology and medicine are: the protection of the dignity and individual integrity of the person, guaranteed to all, without exception; the respect for the integrity of the person and other rights and fundamental freedoms. The problem in question directly affects the rights, freedoms and dignity of the person. The human right to life, perceived as the highest value and encompassing all stages of earthly existence, as a rule, is not disputed by society and is not in doubt. Total technologization raises new questions about the human right to freely dispose of not only his life, but also death. In addition to the ethical assessment of the human right to life, the author gives a Christian assessment of such a final phase of human existence as dying, in connection with which the problem of establishing the boundaries of life and death is catalyzed due to the fact that this problem in particular is the particular focus of humanistic scrutiny of the modern pragmatic health system.
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Rocha Macedo, Rodrygo. „Comunidade (Gemeinde) entre Lógica e Política nas Lições sobre a Filosofia da Religião de Hegel“. Problemata 11, Nr. 4 (November 2020): 214–33. http://dx.doi.org/10.7443/problemata.v11i4.52226.
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This article aims to explain how the political project of State that Hegel outlines in the Philosophy of Right (1821) is recovered by the concept of “community” (Gemeinde) in the Lectures on the Philosophy of Religion (1821-1832) with the use of syllogisms of creation and redemption of world as they are presented in the Encyclopedia of Philosophical Sciences (1830). Once the rational State is grounded on different dimensions of human life, it recognizes them as its own, materializing a viable collective project only when individual freedoms are warranted. According to Philosophy of Right, the effectiveness of the State occurs through the collecting of previous stages concerning the actualization of freedom. It is applied to the will, which paves the way for morality and ethical life. On the other hand, Hegel, in the classes that constitute the Lectures on the Philosophy of Religion, will focus on the concept of “community”. In the same way as the State, the community is also a social arrangement, with its own rites and rules, whose participants acquire a sense of belonging and unity. By evidencing similar purposes to the State, the community's goal is to maintain the group based on a constituted and collectively assimilated order. Whether the community has a political role, therefore, this aspect is best seen when Hegel's political theory is connected with the philosophy of religion in accordance with the elements "freedom", "finite", "infinite", "concept" and “truth" identified in Hegel’s logic.
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Разиньков, D. Razinkov, Михайлов, I. Mikhaylov, Михайлова, E. Mikhaylova, Халилов und M. Khalilov. „Medico-Social Examination: the Modern Aspects of Legal Regulation“. Journal of New Medical Technologies. eJournal 8, Nr. 1 (05.11.2014): 1–6. http://dx.doi.org/10.12737/5942.
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In article the legislative base, which is the foundation of functioning of the state system of medical-social examination, is considered and analyzed. The questions of legal regulation of the state activity in the sphere of social policy concerning disabled people are discussed. The methods of sociological research and logical analysis of literature and official normatively-legal papers, being the basis of activity of the system of medico-social examination and sphere of giving to the invalids the equal with other citizens possibilities in realization of constitutional rights and freedoms, public welfare and establishment, are applied to the invalids as the measures of government support. In conclusions the emphasis is placed on need of carrying out radical restructurings for system of medico-social examination. It is offered to modify the existing classification of indexes of health and indexes, related to the health taking into account the socio-economic, climatic and other features; to strength the control of execution of government programs in the medico-social sphere; to modify the traditional classification of groups of disability; to change a way of features accounting of disabled people with various functional violations proceeding from a complex assessment of dysfunction of the neuro-physiological and psycho-physiological statuses; to use the innovative technologies of diagnostics, treatment, rehabilitation in correction of the functional violations with taking in mind not only the nosologic group of disease, but by an individual approach.
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KABYSHEV, S. V. „RUSSIAN CONSTITUTION AS A GUARANTEE OF CIVILIZATIONAL IDENTITY AND SOVEREIGN DEVELOPMENT OF THE RUSSIAN STATE (ON THE 30TH ANNIVERSARY)“. Ser-11_2023 64, Nr. 6, 2023 (20.06.2024): 40–58. http://dx.doi.org/10.55959/msu0130-0113-11-64-6-3.
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The Constitution of Russia, despite pessimistic forecasts during its adoption, caused, among other things, by the idea of the targeted, anticrisis nature of this document, was a reliable basis for the formation of national consent, reconciliation of society, and became the most important guarantee of the preservation of Russian socio-cultural identity based on traditional spiritual and moral values. In modern socio-historical and geopolitical conditions, the consolidating role of the Russian Constitution and its potential associated with ensuring the sovereign development of Russian statehood is increasing. Designed to ensure state development in conditions of historical turbulence, the Russian Constitution enshrined exible, self-adjusting mechanisms for balancing the interests of the individual, society and the state, based both on respect for the heritage and traditions of our ancestors, and on the desire for social progress. It is necessary to consistently reveal the normative, value-semantic content of the current Constitution of Russia, for which an essential prerequisite should be its demythologization in the sense of abandoning its distorted interpretations inspired by the currents of liberal-individualistic globalism. Some judgments on this matter, concerning, in particular, the ideological side of state development, the rights and freedoms of man and citizen in the system of constitutional values, spiritual, moral and legal education in the education system, are set out in the article with the expectation of further scienti c dialogue and the formation of a new constitutional paradigms of Russian statehood.