Journal articles on the topic 'Principle of Right'
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Kirillova, Elena Anatolyevna, Vladimir Nikolaevich Koval, Sergey Zenin, Nikolay M. Parshin, and Olga V. Shlyapnikova. "Digital Right Protection Principles under Digitalization." Webology 18, Special Issue 04 (September 30, 2021): 910–30. http://dx.doi.org/10.14704/web/v18si04/web18173.
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The article deals with the main principles of protecting digital rights – a new legal category – in the digital environment. In the context of the rapid development of information and communication technologies when cyberspace becomes the platform for interaction between citizens, society, and the state, there is a need to re-evaluate traditional approaches to rights exercised through digital communications on the Internet. The purpose of the study is to examine the legal features and properties of digital rights and identify the principles for protecting digital rights online. The authors employ the general scientific dialectical method as well as the formal legal, systemic structural, and formal logical cognition methods. The synergetic method is used to identify the features and properties of digital rights, this method helps to highlight new rules and new realities in the creative potential of chaos. The authors conclude that the scope of digital legal relations has the characteristics of cross-border and virtuality, thus ensuring the protection of digital rights should be carried out considering the special properties of this environment in which subjects cannot always be identified, and objects are characterized as simulations. Digital rights are obligations and other rights, the content and the exercise of which are determined by their specific features according to the rules and functioning principles of the information and telecommunication system. The holder of a digital right can be a person who can exercise the right. The authors identify the basic principles of protecting digital rights: the digital equality principle; the digital self-determination principle; the anonymous communication principle; the principle of confidentiality of private communications; the principle of privacy in the digital environment; the principle of secrecy of digital identification; the principle of security of data obtained through facial recognition technologies; the principle of erasure of digitalized personal information.
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Haqyar, Abdullah. "The Phenomenon of Human Rights from the Perspective of Islam and the West." Volume-2: Issue-3 (August, 2019) 2, no. 3 (March 31, 2020): 1–7. http://dx.doi.org/10.36099/ajahss.2.3.1.
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The phenomenon of human rights, in its contemporary sense, is not even ancient in Western thought, and it came from the context of a social and political movement in France, and the most important of the fundamental rights that collected under this title is the right to life, the right to liberty, the right to equality, the right to asylum, the right to freedom of expression, the right to freedom of opinion and religion, women's rights, the right to participate in social and political life, and the right to personal property. It is an established principle that the first condition for the exercise of these rights is their incompatibility with the rights of other human beings and their human rights. The philosophical basis of human rights in the West consists of three important principles: the principle of human dignity, equality and justice. But the difference between human rights in the West and Islam is that "God" is at the center of the Islamic worldview, while in the Western world the "man" is the central one, and man is the measure of all rights. A clearer interpretation of the two types of "God-centered" or "human-centered" ideas in the West is the predominance of human-centeredness and in Islam the predominance of God-centeredness. The philosophical foundations of human rights in Islam are the principle of human dignity, the principle of God-seeking, the principle of human immortality, and the principle of its developmental relation to the set of being.
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Paramonov, N. V. "Reproductive rights: gender principle." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 82–85. http://dx.doi.org/10.24144/2788-6018.2022.05.15.
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The article is devoted to clarifying the issue of reproductive rights and reproductive health of both women and men. It is noted that in society, ideas about the rights of men and women in the field of regulation of reproductive activity and reproductive health have not been properly formed, and in domestic legislation not all aspects in the sphere of realization of reproductive rights of men and women are regulated. It was stated that special attention in the field of regulation of reproductive rights and reproductive health is paid only to the procedure for applying programs of assisted reproductive technologies.
The lack of definition of "reproductive right" and "right to reproductive health" contradicts the existing human rights and freedoms that are enshrined in both women and men. This statement, in turn, leads to discriminatory elements in society. In addition, it was stated that the lack of proper legal registration of the relevant definitions entails a logically related lack of guarantees for the implementation of the above-mentioned rights of men and women, as well as liability for their violation. According to the results of the analysis of existing norms in both national and international law, it was stated that the reproductive rights of men and women are based on fundamental human rights - the right to life, the right to health care, equality between men and women, the right to physical integrity, the right to privacy, the right to personal, family secrets, etc., are derived from fundamental human rights, detail and complement them.
In addition, detailed regulation will be of positive importance both for legal science and for practice, since it will allow to more deeply and fully comprehend the rights of men and women in this area, as well as to acquire the status of independent subjective rights included in the legal status and the institution of fundamental rights and freedoms.
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Gould, Daniel B., Paul D. Mongan, Richard E. Peterson, and Robert D. Culling. "Right heart, right principle, wrong catheter." Journal of Clinical Monitoring 9, no. 3 (July 1993): 208. http://dx.doi.org/10.1007/bf01617032.
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Bielinhio, V. "Administrative Procedure Act of the Republic of Estonia: Experience for Ukraine." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 110 (2019): 5–8. http://dx.doi.org/10.17721/1728-2195/2019/3.110-1.
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The article deals with the provisions of the Constitution of the Republic of Estonia which concern the cooperation of public administration with citizens and the protection of the citizens' rights. The comparison of the particular provisions of the Constitution of the Republic of Estonia with the provisions of the Constitution of Ukraine is made. As a result of comparing the provisions of the Constitution of the Republic of Estonia with the provisions of the Constitution of Ukraine, it is concluded that they are similar in terms of citizens' rights protection. In both Constitutions, citizens' rights are recognized and protected by the state, rights and freedoms may only be circumscribed in exceptional cases, citizens have the right to free access to the information held by public administration (access to which is not restricted). Special attention is given to Administrative Procedure Act of the Republic of Estonia, which was passed on 06 June 2001. The principles of the administrative procedure, enshrined in Administrative Procedure Act of the Republic of Estonia, are presented. They include the principle of human rights protection, the principle of legality, the principle of proportionality and separate group of principles – principles of good administration. The principles of good administration, which underlie the cooperation of public administration with citizens, are also highlighted. They include the right to be heard, the right to examine documents, the right to get explanations, the principle of accessibility and data protection, the right to representation, the principle of appeal. It is substantiated that the principles of administrative procedure, enshrined in Administrative Procedure Act of the Republic of Estonia, provide two important guarantees: 1) a guarantee for good and legal activity of public administration, 2) a guarantee for enforcement of person's rights and freedoms during issuing administrative acts or taking measures. The conclusion on the expediency for the systematization of the legislation on administrative procedure in a one normative legal act is made. On the basis of drawn conclusions, it is proposed to draft and adopt in Ukraine a unified normative legal act on administrative procedure (a law or a code), taking into consideration Estonia's experience in this matter.
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YI, ZOONIL. "The Contact Point and Difference between the Principle of Prohibition of Excessively Abundant Restriction and the Principle of Prohibition of Excessively Deficient Protection as Constitutional Principles." European Constitutional Law Association 29 (August 31, 2022): 283–322. http://dx.doi.org/10.21592/eucj.2022.39.283.
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The proportionality principle is a constitutional principle that has a constitutional basis and effect. It is generally agreed that the principle of proportionality consists of four partial principles: the principle of justification for the end, the principle of suitability of means, the principle of minimal harm, and the principle of balance of legal interests. The principle of proportionality is embodied in the principle of prohibition of excessively abundant restriction and the principle of excessively deficient protection in accordance with legal interests guaranteed by constitutional rights. In the case of the defensive right that can demand negative actions from the state, the proportionality principle is embodied as the principle of prohibition of excessively abundant restriction, and in the case of the benefit right that can demand positive actions from the state, the proportionality principle is embodied as the principle of prohibition of excessively deficient protection. Since the principle of proportionality is specified in common between the principle of prohibition of excessively abundant restriction and the principle of prohibition of excessively deficient protection, the four partial principles of the principle of proportionality must be applied whether they are applied as the former principle or the latter. However, the specific contents of the application of the four partial principles included in the proportionality principle may vary because the protected legal interests and restrictions that are problematic in the principle of prohibition of excessively abundant restriction and the principle of prohibition of excessively deficient protection are different.
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Piantavigna, Paolo. "Tax Abuse in European Union Law: A Theory." EC Tax Review 20, Issue 3 (June 1, 2011): 134–47. http://dx.doi.org/10.54648/ecta2011015.
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Tax abuse is a legal principle developed by the European Court of Justice (ECJ) that prevents a person from relying on a right in law where such reliance would constitute an abuse of that right. The case law demonstrates two circumstances when the principle has been applied or its potential applicability has been recognized: a person seeks to rely on a European legal right to circumvent or displace national law, and a person seeks to take advantage of a right in European law, but in a manner running contrary to its spirit. The ECJ is recognizing the full and proper construction of the European right upon which a person wishes to rely but prevents its use in any event. This principle of abuse sits alongside other developed principles of law that maintain fundamental rights already accepted in the legal systems of the Member States and in internationally recognized treaties. These general principles are not closed and include equality, proportionality, neutrality, and legal certainty. The main thrust of the application of fraus legis has been in relation to tax avoidance, but one might consider that this abuse of law or fraus legis principle has a potentially vast application in Community Law, both in tax harmonized and in tax non-harmonized areas.
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Barnard, Catherine. "Are social ‘Rights’ rights?" European Labour Law Journal 11, no. 4 (February 12, 2020): 351–63. http://dx.doi.org/10.1177/2031952520905382.
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The Charter draws a distinction between rights and principles. Article 51(1) of the Charter says that rights must be ‘respected’ whereas principles must merely be ‘observed’. The question is how to tell whether a provision in the Charter contains a right or a principle and what implication this has for social rights – which in a number of national Constitutions are traditionally seen as principles, not rights, and thus not directly enforceable. However, for EU citizens this is not satisfactory; why is something described as a right in fact not a right? In this article I wish to argue that while it was originally intended that social rights should in fact be principles, the Court is beginning to adopt a more nuanced approach to this question.
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Ostojski, Przemysław. "Zasada szybkości w postępowaniach w sprawach przygotowania i realizacji inwestycji infrastrukturalnych." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 30 (2020): 174–88. http://dx.doi.org/10.15584/znurprawo.2020.30.11.
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The article concerns the principle of speed in the proceedings regarding the implementation of infrastructure investments. The analysis of individual legal institutions is aimed at assessing statutory regulations of investment acts in the scope of the principle of speed. The aim of the analysis is to verify the assertion that the implementation of specific law-related rules in special investment documents connected with giving priority to the speed of administrative proceedings followed the constitutional principle of proportionality. As a result of the conducted analysis, it should be stated that the implementation of the principle of speed of proceedings to investment acts does not fundamentally violate the essence of constitutional rights of individuals – including the right to challenge decisions and the right to protect of rightly acquired rights. The legislator limits the principles of transparency, as well as the principle of active participation of the party in administrative proceedings, but does not eliminate these principles. Regardless of this, the legislator infringes in the analyzed Acts the essence of the party’s right to submit an application for temporary protection in administrative proceedings. The legislator violates in a qualified manner – due to the public interest – the rule of law and two-instance, preventing the appeals authority in the course of the instance of repealing the decision in its entirety, if the defect affects only its part concerning the property.
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Reneman, Marcelle. "An EU Right to Interim Protection during Appeal Proceedings in Asylum Cases?" European Journal of Migration and Law 12, no. 4 (2010): 407–34. http://dx.doi.org/10.1163/157181610x535764.
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AbstractDoes EU law provide for a right to interim protection in asylum cases and if so under what circumstances and in what form? These questions are addressed in this article on the basis of relevant EU legislation, the EU principle of effectiveness and the right to effective judicial protection, and finally international human rights law, which serves as a source of inspiration for these principles. It is argued that Article 39 of the Procedures Directive, interpreted in the light of the EU principle of effectiveness and the EU right to effective judicial protection, requires a remedy with automatic suspensive effect in all asylum cases, regardless of their arguability. It is therefore conceivable that this provision offers broader protection than the right to an effective remedy, laid down in international human rights treaties, such as Article 13 ECHR.
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Xhafaj, Dr Sc Jorida. "The Rights of Intersex Persons to Establish a Family under Albanian Law. Practice of the ECHR." ILIRIA International Review 5, no. 2 (December 31, 2015): 137. http://dx.doi.org/10.21113/iir.v5i2.85.
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identity is the way in which a person is self-identified with a gender category, as for example to be female or male, or in some cases intersex, which is none of the distinguishable biological sexes. In principal, intersex persons are part of the society with their rights and obligations, which are not the same with those of the other members of society, in special areas of life.This paper aims to treat the right of intersex persons to marriage and to establish a family. The paper begins with an overview of definition of intersex persons, their rights, and focuses primarily on the right to establish a family.The right for a family life has found protection in the Albanian national legislation. The Constitution of theRepublicofAlbaniaof 1998 in its Article 53 stipulates that "everyone has the right to marry and have a family" establishing the principle of equality before the law, closely linked to the principle of non-discrimination. The legal provisions set a controversial position on the right to get married and to establish family relationships of the intersex persons, which is based on different arguments.For the purposes of the research, we aim also to compare the national legislation with the European principles and practice of the European Court of Human Rights (hereinafter referred as ECHR). The paper also includes the opinions and recommendations of Albanian institutions, as well as those of foreign ones, mainly European, in the area of human rights protection, and especially regarding the rights of the intersex persons.
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Marif Jafarov, Nijat. "THE PRINCIPLE OF CONFIDENTIALITY IN MEDIATION AND “RIGHT TO PRIVACY”." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 420–22. http://dx.doi.org/10.36719/2663-4619/65/420-422.
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Confidentiality is an innate principle of mediation, by which it is understood that all information generated during the process is protected and its disclosure cannot cause negative or damaging effects on the parties. This principle is present in mediation mainly to give security to the parties, who, knowing that what is dealt with in the process is protected by confidentiality, approach an arrangement with greater freedom and security that everything that is discussed. Although mediation is advertised as protecting the privacy of the parties, the exploration of the underpinnings of confidentiality in the right to privacy is sorely neglected. If most parties prefer keeping everything said in mediation private, then mediation offers a rare opportunity to exercise the right to privacy. Parties may assert their right to privacy in mediation in relation to both the government, and, within limits, other citizens. This article will discuss the confidentiality principle of mediation as an application of the right to privacy. Key words: alternative dispute resolution, mediation, confidentiality, right to privacy
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Campagna, Giordana, and Raffael N. Fasel. "“Listen to Them and Give Them a King”: Self-Determination, Democracy, and the Proportionality Principle." Canadian Journal of Law & Jurisprudence 31, no. 2 (August 2018): 257–80. http://dx.doi.org/10.1017/cjlj.2018.13.
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Is a right to democracy compatible with the right to self-determination? According to some, the two rights are incompatible because a right to democracy would prevent a people from choosing not to live in a democracy. As a result, these Incompatibilists argue, there can be no right to democracy. We argue that the Incompatibilists are right in that the two rights can indeed conflict. They are wrong, however, in that such conflicts do not preclude the mutual existence of both rights. To show why, we distinguish between two elements of self-determination and argue that the right to self-determination and the right to democracy each protect a different element. Arguing that both rights are best understood as principles that can be balanced using the proportionality principle, we reveal how, depending on the concrete circumstances, one right can outweigh the other without ceasing to exist, and thereby prove the Incompatibilists wrong.
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Nasrullah, Nasrullah. "ANALISIS HUKUM SECARA ANALOGI PENERAPAN ASAS PEMISAHAN HORIZONTAL PADA PRAKTEK JUAL BELI TANAH TIDAK BESERTA DENGAN POHON KELAPA DI ATASNYA DI KEC. PATILANGGIO KAB. POHUWATO." Jurnal Hukum Volkgeist 2, no. 2 (April 14, 2018): 135–57. http://dx.doi.org/10.35326/volkgeist.v2i2.90.
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The principle of horizontal separation in the LoA is a principle that separates the ownership of the land by the right to the property on the ground or attached to the land, where the existence of the object attached to the land there is a time limit provision either by agreement or on the basis of the provisions of the legislation.Based on the analogy of law in the above analogy, it can be concluded that the practice of buying and selling land is not accompanied by coconut trees on it also apply the principle of horizontal separation due to the separation or difference of legal subject holder of property rights to the land with legal subject holder of property rights on coconut trees . But if you look at the various legal bases in the BAL which regulate the principles of horizontal separation such as Right of Use, Right of Use, Right to Use, Lease of Land for Building Establishment, Right of Ride, and Lease of Land for Agriculture all have clear clear time limits on the basis of agreement and also on the basis of the provisions of legislation. And for the duration of the term is not over so long also the holder of property rights on the land should not use his right either to build the building, manage or make it as collateral (collateral) debts and so on. While in the sale and purchase of separate land with coconut trees on it is not so, because there is no provision of clear time limit of the existence of coconut trees on the land rights of others and holders of land rights are still entitled to grow crops on their property rights. So the basic difference is what distinguishes the application of the principle of horizontal separation in BAL with the principle of separation of horisoltan on the practice of buying and selling land is not accompanied by coconut trees on it.
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Fridmanska, V. I. "Justice as one of the key constitutional principles of regulation of the right to wages." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 340–45. http://dx.doi.org/10.24144/2788-6018.2022.03.61.
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It is indicated that among the main constitutional principles that play a decisive role in the regulation of the right to wages are the principles of justice. The importance of the principle of justice as a fundamental principle is noted in the Charter of the United Nations (Article 1). Fair pay and a dignified human existence are also contained in the provisions of international treaties, including the Universal Declaration of Human Rights (Article 23), the International Covenant on Economic, Socialand Cultural Rights (Article 7), the European Social Charter (revised) ( Article 4), acts of the International Labor Organization.The attention is focused on the fact that the author does not agree with the statement that in Ukraine there is only legal consolidation of one sign of the content of the right to a fair wage - the establishment of the amount of remuneration at alevel not lower than the minimum wage established by law (art. 3 of the Law of Ukraine “On Remuneration”).It has been proven that the failure to directly enshrine the principle of justice in the Law of Ukraine “On Remuneration” does not mean that this principle does not apply to a number of legislative norms. Upon careful analysis of the above normative legalact, we came to the conclusion that the effect of the principle of justice was reflected in the following legal norms of the Law of Ukraine “On Remuneration”. In the opinion of the author, it is necessary to reflect the importance of the principle of justice in guaranteeing the right to wages. In the Basic Law, the last part of Article 43 guarantees the right to receive remuneration for work in a timely manner. We suggest that part 7 of Article 43 of the Constitution of Ukraine should be worded as follows: “Every person has the right to a decent and fair salary, which must be paid in full, in a timely manner, within the period established by law.”
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Ndeunyema, Ndjodi. "Unmuddying the Waters: Evaluating the Legal Basis of the Human Right to Water Under Treaty Law, Customary International Law, and the General Principles of Law." Michigan Journal of International Law, no. 41.3 (2020): 455. http://dx.doi.org/10.36642/mjil.41.3.unmuddying.
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This article evaluates the existence of a freestanding, general human right to water under each of the three principal sources of international law: treaty, customary international law, and the general principles of law. To date, the right to water has been derived from treaty law, most prominently as part of the right to an adequate standard of living in article 11 of the International Covenant on Economic, Social and Cultural Rights (as implied by General Comment 15 to the ICESCR). The potential importance of a non-treaty based right to water––as a matter of customary international law or a general principle of law––is that it would bind all states, including states that are not parties to treaties with right to water provisions. Therefore, this article evaluates the state practice and opinio juris elements of custom supporting a right to water. Recognizing the disputed nature of how these two elements generally interact to crystallize into a customary norm, the article considers the problem using two distinct methodological approaches: the sliding scale approach and the reflective equilibrium approach. Finally, the paper considers whether a right to water is supported by the general principles of law. Although the right to water is not directly created by the general principles of law, the principles can nevertheless be applied to develop states’ positive and negative obligations for water provision.
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Golts, Edgars. "PRESUMPTION OF INNOCENCE OF LEGAL PERSONS." Administrative and Criminal Justice 4, no. 77 (December 31, 2016): 26. http://dx.doi.org/10.17770/acj.v4i77.2875.
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There is a link between a presumption of innocence and the right to a fair trial. The rights of a legal person, to be regarded as innocent, protection is ensured by the guarantees in law. The Court of Justice has recognized that the right to the presumption of innocence, the legal persons does not apply in the same way as natural persons. The Constitution reinforces the presumption of innocence is to be subject to the right to a fair trial arising from the principle of justice. The Constitution stipulates that the rights of the person may be limited to the benefit of the public, but not the right to the presumption of innocence. In the article the author expresses the conviction, nowadays, the development of such rights, – the environment, animal, unborn children, deceased persons and other types of law; it is obvious that, on the basis of an equity principle, human rights are extended translated and applied. Justice fully embraces the principles of equality law, which allows concluding on the physical and legal persons to equality before the law and the courts.
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Cimbir, Victor, and Sergiu Socevoi. "CORRELATION OF THE PRINCIPLE: ENSURING THE RIGHT TO DEFENSE WITH OTHER PRINCIPLES IN THE CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF MOLDOVA." InterConf, no. 13(109) (May 20, 2022): 191–99. http://dx.doi.org/10.51582/interconf.19-20.05.2022.025.
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Interdependence of the principle ensuring the right to defense with other principles from the perspective of the criminal procedure code of the Republic of Moldova and article 6 of the European Convention. In approaching the notion of system of fundamental principles of criminal law, two aspects must be taken into account: on the one hand, the knowledge of its components and, on the other hand, the interdependence between these principles in achieving the purpose of criminal proceedings. Ensuring the right to defense, as a principle of criminal proceedings, is linked to other principles, which in turn ensure the possibility of ensuring the right to defense and a fair trial in general. No principle of criminal proceedings is superior or inferior, each having its own importance.
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Musthofa. "Hak Asasi Manusia Beragama Dalam Perspektif Tafsir Izwaji (Human Rights In The Perspective Of Izwaji's Tafsir)." An-Nuha : Jurnal Kajian Islam, Pendidikan, Budaya dan Sosial 6, no. 1 (July 8, 2019): 1–19. http://dx.doi.org/10.36835/annuha.v6i1.283.
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Religious human rights, is the right of a person to embrace a religion that is believed to be true. Basically, religious human rights are one's freedom to embrace a religion that is believed to be true. Human Rights in the Perspective of Izwaji's Tafsir includes: First, the right of faith, including pledges by word of mouth, justification with the heart and justification through the deeds of the limbs. Second, the right to practice includes the principle of compliance, the principle of fulfillment, the right of principle and justice. Third, the right to protection, including physical and legal protection, includes the expression of thought, preaching, which includes freedom, rational and universal preaching, and protection of maisyah (economic resources) among fellow believers.
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Yustina, Endang Wahyati, and Anggraeni Endah Kusumaningrum. "THE PRINCIPLE OF NON-DISCRIMINATION IN HEALTH SERVICES IN THE PERSPECTIVE OF GOVERNMENT RESPONSIBILITY." UNTAG Law Review 3, no. 2 (November 29, 2019): 188. http://dx.doi.org/10.36356/ulrev.v3i2.1419.
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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>Everyone has the right to receive health services. This is guaranteed in the 1945 Constitution. The government is responsible for making this happen through various health service efforts which include individual health service efforts and public health service efforts. The principle of non-discrimination in health services is a principle that originates from Human Rights. This principle must become the foundation in the implementation of health services, so that everyone must be treated equally and humanely and not discriminatory. Health services that are based on the principle of non-discrimination are the responsibility of the government through the implementation of government functions, in the form of regulation, implementation and supervision of the administration of health services. public services and general principles of good governance, one of which is the principle of non-discrimination. Therefore everyone has the right to get the same treatment to get the right to health services. </span></p></div></div></div>
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Yaremak, Z. "Institutional principles of concordance of interests in legal environmental conflict." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 203–9. http://dx.doi.org/10.24144/2307-3322.2022.71.34.
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The theoretically-legal analysis of institutional principles of ecological law, which are basis of the legal mechanism for resolving legal environmental conflict, is conducted in the article. The research of doctrine approaches interests concordance is carried out. In this context, the concept interests balance based on the “hierarchy” of interests, in which the public interest is a priority, and the concept of human rights priority are analyzed.
Extrapolating these conceptions in the plane of ecological law, their application possibility is analyzed with the aim interests concordance and achievement of consensus in an legal environmental conflict. It is substantiated that the institutional mechanism of balancing interests in ecological relations is based on the principle of sustainable development, which is based on the concept of harmonization of ecological, economic and social interests of society and the principle of ecological priority interests. The systematic analysis of ecological legislation and ecologically-legal doctrine has given chance to identify and investigate the priority principle of public ecological interest in interest balancing which are realizing subjects in ecologically legal business. At the same time, investigational, that modern anthropocentric conception of ecological law, its humanistic orientation provides for the legislative consolidation and principle of human rights priority - right on safe environment for life and health as an inalienable absolute right of personality. It is proved that despite the legislative enshrinement of both principle of public priority ecological interest and principle of belonging to the right of safety for life and health of the environment, the conflict of legal regulation is absence. This is due to the fact that the right to safety for the life and health of the environment is based on the private ecological interest in ensuring the proper state of the natural environment, which ultimately coincides with the public ecological interest.
It is concluded that the institutional principles of interests concordance determine the general orientation of public policy and serve only as a prerequisite for achieving a balance of interests and finding a compromise in legal environmental conflicts.
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Prokop, Krzysztof. "The Constitutional Right to Fair Remuneration for Work." Białostockie Studia Prawnicze 26, no. 2 (June 1, 2021): 119–35. http://dx.doi.org/10.15290/bsp.2021.26.02.08.
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Abstract This article is devoted to establishing the constitutional foundations of the right to fair remuneration. This right results from acts of international law and the Labor Code, but there is no provision in the Constitution of the Republic of Poland that would directly guarantee the right to fair remuneration. Therefore establishing this right requires reference to a number of constitutional provisions. Fundamental importance should be attached to the right to minimum remuneration for work (Art. 65 sec. 4 of the Constitution), which, in the context of the Labor Code, is sometimes equated with fair remuneration. However, the constitutional guarantees of fair remuneration are much broader. They result from constitutional principles, including the principle of the social market economy (Art. 20), the principle of equality (Art. 32 and 33), the principle of social justice (Art. 2) and the principle of labor protection (Art. 24), as well as other provisions, including Art. 64 sec. 1–2 (protection of fair remuneration as a property right) and Art. 71 (the principle of family protection). According to the author of this article, the constitutional right to fair remuneration thus constructed may be defined as a subjective right that is subject to judicial protection.
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Soeparna, Intan Innayatun. "The Nexus between State Liability Principle and WTO Law." Asian Journal of Law and Economics 7, no. 3 (December 1, 2016): 323–42. http://dx.doi.org/10.1515/ajle-2016-0023.
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Abstract There are two functions of the state liability principle. The first is to secure individual rights (including economic rights) from a wrongful act conducted by a government, and the second is to compensate for damage caused by the infringement of individual right. Economic right is inherently allowing an individual to pursue economic interest both domestically or globally. In order to accommodate this right, a government is obliged to provide trade rules and mechanisms for every individual to conduct their global economic activities by participating in the WTO. The objective of the WTO significantly corresponds to the individual’s right in order to obtain trade benefits. Hence, when a government infringes trade rules and mechanisms underlined in WTO Law, it will directly restrict individuals from gaining trade benefits under the WTO or, moreover, it will restrain individuals from enjoying their inviolable economic rights. When the right is violated, and the damage occurs, it thus leads to the obligation for the government to compensate the damage according to the state liability principle. This article discusses the nexus between the state liability principle and WTO Law, in order to encourage national courts to exercise the function of state liability by referring to the infringement of economic rights caused by the violation of WTO Law.
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Pratiwi, Cekli Setya. "Indonesia’s Legal Policies Amid Covid-19." Journal of Southeast Asian Human Rights 6, no. 2 (December 31, 2022): 182. http://dx.doi.org/10.19184/jseahr.v6i2.27799.
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The Covid-19 pandemic has forced States to promulgate various legal policies to restrain public activities, including limiting or prohibiting people to exercise their right to religious freedom or beliefs (FoRB) in the public sphere and imposing repressive sanctions. International Human Rights Law (IHRL) regulates the standard limitation of FoRB, but the Government of Indonesia struggled to balance respecting FoRB and protecting public health, especially in the emergency of Covid-19. While the Government is oriented to protect public health, new violations of FORB add more backlog on unresolved cases. Through a Human Rights-Based Approach and case studies, three essential principles of FoRB, namely the principle of non-discrimination, the principle of proportional restriction, and the principle of non-coercion in religion, will be analyzed qualitatively to assess, first, the extent to which legal policies in Indonesia amid Covid-19 are compatible with IHRL. Second, the extent to which these legal policies impact the right to religious freedom of the people. Third, to ask the question: how should the legal policies in the Covid-19 era be formulated so that the State can balance the protection of public health and religious freedom?
Keywords: Covid-19, the right to freedom of religion or belief, the right to public health, derogation, limitation.
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KARVATSKA, Svitlana, and Ivan TORONCHUK. "The Right to Non-Discrimination: Interpretive Practice of the Ecthr." European Journal of Law and Public Administration 7, no. 2 (March 12, 2021): 24–38. http://dx.doi.org/10.18662/eljpa/7.2/124.
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The article conducts a legal analysis of the case-law of the European Court of Human Rights on the protection of the right to non-discrimination, which is a fundamental and general principle concerning human rights protection. During the period of functioning of the ECtHR, the Court has processed a huge amount of cases concerning violation of the right to equality and the inextricably linked principle of non-discrimination under Art. 14 and Art. 1 of Protocol № 12 of the ECHR. The evolution of the interpretation of the ECtHR shows the transformation of approaches to the interpretation of the right to non-discrimination. The court gradually began to expand the range of possible violations, from outright prohibition to the detection and the statement of indirect discrimination, and its decisions contributed to the normative formulations of the principle of non-discrimination in national systems and its gradual transformation from a purely declarative to a coherent effective mechanism of protection of discrimination victims and a mechanism of the approval of democracy, human dignity. The rule of law forms the central principle of interpretation of the Convention. A consensual investigation allows the ECHR to tie its decisions to the pace of change in national law, recognizing the political sovereignty of the respondent States and, at the same time, legitimizing its own decisions against them, adhering to the principles of a democratic state governed by the rule of law. The purpose of this article is to analyze peculiarities of the ECtHR's interpretive practice in cases concerning the right to non-discrimination.
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Okeke, Charles. "In Search of Consistency in International Law on the Right to Self-Determination, Non-Interference, and Territorial Integrity." Technium Social Sciences Journal 34 (August 8, 2022): 331–46. http://dx.doi.org/10.47577/tssj.v34i1.7006.
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The right to self-determination and its complexity in relation to non-intervention and territorial integrity continue to be the subject of numerous academic inquiries. Governments have recently encountered public demands for this right, and the people occasionally experience repression to stifle their voices. International groups that monitor and record abuses of various human rights have sparked interventions because to a post-cold war focus in defending collective rights. It is still true today that the promotion of the right to self-determination has given rise to international practices that have significantly impacted and clashed with the principle of non-interference. This paper focuses on the consistency or lack of in international law on the right of self-determination, the principle of non-interference, and the contemporary legal trend to promote the rights of all peoples within breaching the principle of territorial integrity. While tracing the relevant legal shifts in both international legal and political practices and in emerging doctrines and principles in international law, this study provides ideas to the discussion of the concept of non-interference. International law prohibits the use of force against an independent state; the only exception is where there is a flagrant violation of human rights and a credible threat to international peace and security. As a result, force can only be used as a last resort if all other efforts to reach a peaceful settlement have failed.
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Zivojinovic, Dragica. "The principle of equality and the right to assisted procreation." Stanovnistvo 50, no. 1 (2012): 69–87. http://dx.doi.org/10.2298/stnv1201069z.
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The principle of equality is the foundation of developing an entire system of human rights, and its implementation represents the standard of respecting each right individually. With these premises as a starting point, the subject of the author?s interests is whether the right to assisted reproduction, as a segment of reproductive rights, is regulated in conformity with the equality principal. In order to reach an answer, the author examines the concept of human assisted reproduction and analyzes the application of reproductive technologies in the light of legal, social and political reforms which affected marriages, the family and partnership in general at the end of the 20th century. The author finds that the most significant ones among them are the emancipation of women, recognition and legal formation of same sex unions and statements prohibiting discrimination based on sexual orientation. Furthermore, by considering the right to assisted reproduction in the context of other human rights with which it is interconnected and interdependent (the right to life, right to privacy, the right to a family life, health rights, children?s rights), the author finds there are no absolute, unlimited rights in the contemporary system of human rights, but that they inevitably have certain restrictions. Since the same limitation attribute also characterizes the right to assisted reproduction, the author further researches whether there is discrimination, positive or negative, towards the existing forms of limitations to this right. The following forms of limitations have been singled out, as the key ones for this analysis: request for (non)marital status and heterosexual orientation, sexual affiliation and age and the accessibility (prohibition) of applying certain methods of assisted reproduction which are primarily in the function of eliminating female sterility. The author concludes that there are elements of discrimination based on family status, sexual orientation, age and sexual affiliation. The author finds that emphasizing the need to protect the best interests of children, as a crucial reason for justifying their introduction, can hardly be defended both legally and ethically. The author believes that the basis of limitation lies in the reasons of social suitability, namely buying social peace at the present level of development of social conscience. By appealing to the principal of equality, the author intercedes in favor of accessibility to the right for assisted reproduction under equal conditions and limitations for each user, and prohibiting discrimination on any basis.
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Maximov, O. A. "The Place of Motions and Complaints in Modern Criminal Procedure." Вестник Пермского университета. Юридические науки, no. 52 (2021): 372–93. http://dx.doi.org/10.17072/1995-4190-2021-52-372-393.
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Introduction: this paper studies motions and complaints in the context of criminal procedure in the Russian Federation. Purpose: to determine the place of the right to file motions and complaints in the structure of rights of persons involved in criminal proceedings, in the system of human rights, the place of motions and complaints in the criminal procedure form, their role in achieving the purpose of criminal procedure. Methods: system analysis, formal and dialectical logic, interpretation of legal norms, comparative historical method, comparative legal method. Results: the sole purpose of criminal procedure is to protect rights and lawful interests of persons involved in criminal proceedings. The scope and the very existence of the legal institution of motions and complaints directly depend on the current purpose of procedure. This legal institution is a regulatory implementation of the right to appeal against procedural actions and decisions, which is among the ‘law-enforcement’ principles that currently determine the form (type) of criminal procedure. The scope of this principle includes both complaints and motions. The right to file motions and complaints serves to ensure that substantive rights can be exercised and also has its individual significance among other inalienable human rights as an element of the ‘right to a right’. The right to file motions and complaints is enshrined in international acts on human rights. The principle of the right to appeal against procedural actions and decisions is the most important guarantee of the purpose of criminal proceedings being achieved, a mandatory component of the criminal procedure form. The right to file motions and complaints consists in legal entitlement to bring into action the state apparatus with the aim of the applicant’s procedural interest being satisfied. Conclusions: the right to file motions and complaints is a key right for building criminal procedure relations aimed at protecting the rights and freedoms of persons involved in criminal proceedings.
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Fuglevand, A. J. "Henneman's Size Principle: The Right Name." Science 281, no. 5379 (August 14, 1998): 919c—919. http://dx.doi.org/10.1126/science.281.5379.919c.
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Novenanty, Wurianalya Maria. "Between Human Rights and Justice Principle in Children’s Civil Rights." MELINTAS 32, no. 2 (August 31, 2017): 132. http://dx.doi.org/10.26593/mel.v32i2.2675.132-147.
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Children’s rights are fundamental in a country. Children are the future generation of a country. They have rights in civil law field. The examples of such rights are the right to have family name, the right to get alimony, and the right to get inheritance from the parents. Indonesian Law Number 1 of 1974 regarding Marriage (Marriage Law) distinguishes the civil rights of legitimate and illegitimate children. In 2010, the Indonesian Constitutional Court produced a decision which became a controversial decision because it was deemed to ‘legalize’ illegitimate child to have the same rights as legitimate child. The reason behind such decision is the human rights which should apply nondiscriminative principle. Some parties disagree with the reasoning behind this decision. They consider the decision unjust and that it violates social and religious norms in giving illegitimate and legitimate children the same rights in spite of the status difference. The author will discuss children’s civil rights based on civil law, human rights, and justice principle in Indonesia.
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Tsuvina, T. "PRINCIPLE OF THE RIGHT TO BE HEARD IN CIVIL PROCEDURE: ELI/UNIDROIT MODEL EUROPEAN RULES OF CIVIL PROCEDURE, CASE LAW OF THE ECTHR AND NATIONAL CONTEXT." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studie, no. 121 (2022): 88–96. http://dx.doi.org/10.17721/1728-2195/2022/2.121-15.
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The article addresses the right to be heard as one of the new principles of civil procedure being analyzed through the prism of the provisions of the ELI/UNIDROIT Model European Rules of Civil Procedure and para. 1 of art. 6 of the European Convention on Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights. The paper highlights the problems of implementation of this principle at the national level. Within the framework of the ELI/UNIDROIT Model European Rules of Civil Procedure, the principle of the right to be heard includes: a) a fair opportunity to present claim and defense in court (Rule 11); b) the reasoned judgments, relied on the basis of the case file and the legal issues which the parties were able to comment on (Rule 12); c) the prohibition on the court communicating with a party in the absence of other party (Rule 13). Based on the analysis of the ELI / UNIDROIT Model European Rules of Civil Procedure and the case law of the ECtHR, the author advocates the view, according to which, the implementation of the principle of the right to be heard calls for the existence of a number of procedural guarantees of 'fair hearing' (para. 1 art. 6 of the ECHR). It is concluded that in modern conditions the principle of the right to be heard in its legal content is reduced to the requirement to provide a party to the proceedings the opportunity to bring to court their claims and objections, to effectively present their legal position before the court on equal terms with those given to the other party, as well as to obtain a reasoned court judgment. The implementation of this principle is associated with three groups of guarantees: a) guarantees that are prerequisites for the exercise of the right to be heard (proper notification of the person about the date, time and place of the court hearing); b) guarantees that constitute the core of the right to be heard and are implemented during the trial (oral hearing; opportunity to participate in the proceedings; the principle of 'equality of arms' and adversarial process); c) guarantees that are implemented after consideration of the case (a reasoned court judgment).
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Удовенко, Олександр Валерійович. "PRINCIPLES OF CASH SUPPLY FOR MILITARY SERVANTS." Juridical science, no. 3(105) (March 30, 2020): 500–506. http://dx.doi.org/10.32844/2222-5374-2020-105-3.62.
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The goal of the article is to formulate an urgent scientific thought regarding the system of modern principles of financial support for military personnel in Ukraine. It is substantiated that the ideological basis of the principles system under study is laid by general legal principles, namely, the principles of the rule of law, human-centrism, justice and legal equality, legality. Among the principles of financial support for military personnel, a special place is also occupied by the sectoral principles of labor law of Ukraine, mainly: the principle of unity and differentiation of military personnel financial support legal regulation; the principle of a moderate combination of the financial security centralized and local legal regulation; the principle of ensuring the protection of the serviceman’s rights to financial security. The group of special principles of financial support for servicemen is the principle of a guaranteed payment of decent financial support for servicemen; the principle of the influence of the soldier’s performance and the conditions of his service on the amount of financial support; the principle of servicemen material interest in financial support; the principle of simplicity (accessibility) at understanding the systems for forming the amount of financial support for military personnel; the principle of the relative inalienability of the servicemen’s right to financial provision. The conclusions of the article summarize the results of the research.
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Božić, Darko. "Basic principles in the enforcement procedure in the Law of Republic of Srpska." Megatrend revija 17, no. 2 (2020): 109–24. http://dx.doi.org/10.5937/megrev2002109b.
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This paper presents an analysis of the basic principles on the law on enforcement procedure in the Republic of Srpska. In this context, the paper contains the following principles: principle constitutionality and legality, principle of disposition and official proceeding, principle of urgency and efficiency, right to be heard, principle of protection of the debtor, principle of formal legality, principle of time priority, principle of availability of data of the property of the debtor, principle of written form, principle of orality, principle of immediacy, principle of publicity. The aim of the paper is to show through the basic principles that there are significant differences in the range of solutions in relation to the previous legislation.
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Mamedov, Yusif. "Islamic criminal procedure law: human rights issues." Grani 23, no. 10 (October 30, 2020): 47–57. http://dx.doi.org/10.15421/172092.
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It has been established that harsh Islamic punishments are practically not applied due to the high burden of proof and the need to involve an exhaustive number of witnesses. It has been proven that the Islamic criminal justice system provides the accused with basic guarantees. It is noted that according to Sharia, Islamic crimes are divided into three categories: Hadd, Qisas and Tazir. It is noted that Islamic criminal law provides that the accused is not guilty if his guilt is not proven. It is noted that equality before the law is one of the main legal principles of the Islamic criminal model, as all persons are equal before the law and are condemned equally regardless of religious or economic status (lack of immunity). There are four main principles aimed at protecting human rights in Islamic criminal law: the principle of legality (irreversible action), the principle of presumption of innocence, the principle of equality and the principle of ultimate proof. In addition, the Islamic criminal justice system provides defendants with many safeguards, which are always followed during detention, investigation, trial and after trial. It is established that such rights are: 1) the right of every person to the protection of life, honor, freedom and property; 2) the right to due process of law; 3) the right to a fair and open trial before an impartial judge; 4) freedom from coercion to self-disclosure; 5) protection against arbitrary arrest and detention; 6) immediate court proceedings; 7) the right to appeal. It is noted that if a person is charged, he/she has many remedies It is noted that the trial must be fair, in which the qadi (judge) plays an important role. It has been established that, in addition to the procedural guarantees, the qualifications and character of the qadi, as well as the strict requirements of Islamic rules of proof, are intended to ensure a fair trial in the case of the accused. Adherence to these principles has been shown to indicate that the rights of the accused are fully guaranteed under Islamic criminal law.
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Podmarеv, Alexander A. "Proportionality as a constitutional principle of limiting human and civil rights and freedoms in the Russian Federation." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 1 (February 24, 2021): 83–91. http://dx.doi.org/10.18500/1994-2540-2021-21-1-83-91.
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Introduction. The 1993 Constitution of the Russian Federation allows for the possibility of restricting rights and freedoms of individuals and establishes imperative conditions (principles) for the introduction and operation of these restrictions. One of these constitutional principles is the principle of proportionality: the rights and freedoms of a person and a citizen can be limited only to the extent necessary to achieve the goals specified in part 3 of Article 55. Theoretical analysis. The principle of proportionality of restrictions to certain goals is currently declared by the constitutions of many states, and is also part of the international legal criteria for restrictions on human rights. Some conceptual issues of the content of the constitutional principle of proportionality are resolved by the Constitutional Court of Russia. In its most general form, the principle of proportionality means that: the measures (means) used to restrict rights and freedoms must be conditioned by constitutional goals; restrictive measures (means) should not be greater than necessary; restrictive measures (means) should not lead to disproportionate, excessive restrictions. Empirical analysis. The analysis of the decisions of the Constitutional Court of Russia shows that in each specific case, the Court determines the necessary measure to restrict a particular right (freedom), comparing, weighing the constitutionally recognized values (on the one hand, the rights of a certain person, on the other, the rights of other persons, the interests of the state, public interests), as well as assessing the adequacy of the legal means used to achieve any constitutionally established goal (s) of restriction. The conclusions reached by the Court regarding the proportionality or disproportion (excess) of the restriction of this or that right are binding not only for the legislator, but also in some cases for the law enforcement officer. Results. It is concluded that the implementation of the constitutional principle of proportionality of restrictions in lawmaking and law enforcement means that when establishing and applying restrictions on rights and freedoms to achieve a certain constitutional goal (goals), exclusively necessary measures (means) must be provided and used in this situation. The principle of proportionality of restrictions is one of the criteria for assessing the constitutionality of the restriction of any right or freedom, as well as one of the guarantees against arbitrary (unreasonable, excessive, unconstitutional) restrictions, since it presupposes the existence of certain boundaries (limits, frameworks, conditions) of lawmaking and law enforcement.
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Vilajosana, Josep M. "Democracia y derecho a decidir = Democracy and the right to decide." EUNOMÍA. Revista en Cultura de la Legalidad, no. 18 (April 1, 2020): 375. http://dx.doi.org/10.20318/eunomia.2020.5284.
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Resumen: En este artículo, el autor defiende el derecho a decidir, concretado así: un referéndum sobre el futuro de Cataluña no está prohibido en la Constitución española. Esta tesis se sustenta en que tanto el principio de indisolubilidad (art. 2.1. CE) como el de la soberanía nacional (art. 1.2. CE) deben ponderarse adecuadamente con los principios definitorios de una democracia liberal (arts. 1.1., 23.1, 9 y 10 CE). Desde esta perspectiva, el trabajo ofrece razones para justificar dos cuestiones importantes: 1) la posibilidad de realizar un referéndum sobre la independencia de Cataluña, teniendo en cuenta una interpretación evolutiva de los derechos democráticos vinculados a una concepción densa de la democracia; 2) la posibilidad de que esa consulta tenga como sujetos a los catalanes, con el fin de evitar pasar del principio de la mayoría al dominio de la mayoría.Palabras clave: Legalidad, legitimidad, principios, democracia, derecho a decidir, Constitución.Abstract: In this article, the author defends the right to decide, meaning that holding a referendum on the political future of Catalonia is not banned by the Spanish Constitution (SC). The principal reason cited is that the principle of indissolubility (section 2.1 of the SC) and the principle of national sovereignty (section 1.2 SC) should be adequately balanced with the principles of liberal democracy (as defined in sections 1.1., 23.1., 9 and 10 of the SC). In light of this perspective, the article provides justification for two main aspects: 1) holding a referendum on Catalonia's independence on the grounds of an evolutive interpretation of democratic rights linked to a dense conception of democracy; and 2) holding a referendum exclusively in Catalonia, in order to avoid shifting from the principle of the majority to the dominion of the majorities. Keywords: Legality, legitimacy, principles, democracy, right to decide, Constitution.
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Kusumaningrum, Hesti. "Application of Prudential Principles in Registration of Granting Mortgage Right (APHT)." Authentica 2, no. 2 (September 22, 2020): 121–45. http://dx.doi.org/10.20884/1.atc.2019.2.2.67.
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The precautionary principle serves as a guideline for PPAT in carrying out the APHT registration process. In-Law No.4 of 1996 concerning Underwriting Rights, PPAT Position, and Civil Regulations No.1 Year 2006 implies the precautionary principle regarding the provision that the PPAT is personally responsible for the duties and authorities in the process of making the deed. PPAT must apply accuracy in registering APHT to the Land Office. Registration becomes an important moment for the birth of Underwriting Right, the fulfillment of the principle of publicity, the position of the preferred creditor as the holder of the Underwriting Right. The data used in this study are secondary data with primary data as secondary data supplementary data. The approach method used in this study is the normative juridical approach. The results of the study obtained concluded that 2 (two) terms of the application of the precautionary principle of the form and content of APHT made by PPAT in accordance with applicable regulations, however, APHT registration occurred later than the 7 (seven) working day deadline. Not applying the precautionary principle can lead to legal consequences for the PPAT, APHT. and preferred creditors, from the aspects of civil, criminal, and administrative law. Preventive and repressive legal protection for all parties concerned in the series of APHT registration processes. Suggestions for PPAT need to apply the precautionary principle to minimize late APHT registration, the Land Office needs to apply administrative sanctions. Keywords: prudential principles; APHT registration; legal consequences
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Volovyk, S. V. "Principles of IP-Court Activity in Ukraine." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (June 26, 2020): 116–23. http://dx.doi.org/10.32631/v.2020.2.11.
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The principles of IP-court activity in Ukraine have been studied. It has been emphasized that the urgent issues currently are to review the existing approaches to reforming the judicial system of Ukraine, based on the gained experience of establishing specialized courts, defining principles as guidelines for the functioning of IP-court in Ukraine as the Higher Specialized Judicial System of Ukraine.
The concept of “principles” and their classification have been defined. The author has noted the importance of international principles of court activity in Ukraine. The regulatory base of courts activity has been characterized, where the principles of functioning of courts and judges in Ukraine have been defined. The author has singled out such an international legal document as the Basic Principles of Judicial Agencies’ Independence, which enshrines the following principles of IP-court activity in Ukraine: the principle of judicial agencies’ independence; the principle of freedom of speech and associations; the principle of qualification, selection and training; the principle of professional secrecy and immunity.
The category of “principles of IP-court activity in Ukraine” has been offered to understand as a set of guiding (fundamental) ideas, grounds, principles of operation and functioning of IP-court in Ukraine that ensure the proper administration of justice, respect for rights and fundamental freedoms during the trial and ensuring the right to a fair trial.
The principles of the IP-court activity in Ukraine are as follows: 1) general and legal: the rule of law principle; the principle of observance of human rights and fundamental human and civil freedoms; the principle of legality; the principle of openness and transparency of court proceedings; the principle of political or other impartiality; the principle of reasonable terms; 2) special principles of IP-court activity in Ukraine: the principle of independence of judicial agencies; the principle of freedom of speech and associations; principle of qualification; the principle of professional secrecy.
It has been concluded that enshrining the principles of operation and functioning of the Supreme Court on Intellectual Property Issues in the Law of Ukraine “On the Supreme Court on Intellectual Property Issues” will increase the efficiency of the judicial system of Ukraine and significantly affect the authority and prestige of IP-court in Ukraine.
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Towadi, Mellisa. "The Application of Sharia Maqashid on the Protection of the Rights of Minority of Muslim Rohingya in Regional ASEAN (Indonesia-Malaysia)." Journal of Indonesian Legal Studies 2, no. 1 (August 16, 2017): 43–54. http://dx.doi.org/10.15294/jils.v2i01.16637.
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This study aims, first, to analyze the application of the principles of Maqashid Sharia as a principle of human rights protection against the Rohingya Muslim minority. Second, assess the extent of regional efforts (ASEAN) to protect the Rohingya Muslim minority is based on the principles of Maqashid Sharia. This study is normative juridical, i.e basic research study is conceived as legal norms or rules which apply, both contained Islamic Law and International Law. Further, legal materials collected in the process were analyzed based approach to the law (statute approach) and qualitative approach. The results showed, first, the principle of Maqashid sharia are the fundamental principles that are in line with international human rights principles set forth in the Universal Declaration Human Rights of 1948, the ASEAN Charter and the international conventions that have been globally accepted. Its application carries its own moral responsibility for the ASEAN region, to encourage its member countries (particularly Indonesia and Malaysia) obligations responsibility to protect (R2P) to the ethnic Rohingya. When referring to the ASEAN charter alone, especially member states Indonesia and Malaysia will be very limited in giving aid directly to the territory of the Rohingya, given in addition to avoiding any intervention factor that arises, as well as the government of Myanmar has declared the anti-Islamic rule in the territories of its constitution. This is the regional challenges, especially for Indonesia and Malaysia as member states that embrace the principles of Islamic law once the state of the organization with Myanmar. Secondly, efforts should be made Indonesia and Malaysia are fulfilling rights Rohingya people merely when they became refugees or asylum seeker in the country. The rights can be met as a complement of the principle maqashid sharia, among others: a) freedom of religion, the right to life and freedom from fear (maintenance of soul) in this case Indonesia has established the Integrated Community Shelter (ICS) as a residence of Rohingya refugees and build mosques or places worship for Muslims Rohingya named mosque Arakan, b) fulfill the safety assurance, guarantee of human dignity (maintenance of breath), c) custody of ethnic or tribal, the right to marriage to the breeding (maintenance of descent), d) the right to education (maintenance sense), e) the right to receive a decent living by being given the opportunity to earn a living (maintenance of property).
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Grey, Colin. "THE RIGHTS OF MIGRATION." Legal Theory 20, no. 1 (March 2014): 25–51. http://dx.doi.org/10.1017/s1352325214000020.
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This paper argues that neither a general right to exclude migrants nor a general right to migrate freely exists. The extent of the right to exclude or the right to migrate freely must instead, in the majority of cases, be determined indirectly by examining whether a given immigration law or policy would result in the violation of migrants’ basic rights. Therefore states’ right to exclude migrants is constrained by what the author calls the indirect principle of freedom of migration. Under this principle, if an immigration law or policy cannot be imposed without violating a migrant's basic rights, then the law or policy cannot be legitimately implemented. The argument for this principle is undertaken both conceptually and substantively. It is then defended against the objections that on the one hand, it may not have enough critical force, and on the other, it may be overly restrictive of states’ power to exclude migrants.
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Alamsyah, Ahmad Faiz, Sidik Sunaryo, and Yaris Adhial Fajrin. "Penerapan Asas Praduga Tidak Bersalah (Presumption of Innocent) Pelaku Tindak Pidana Pencurian di Tingkat Penyidikan." Indonesia Law Reform Journal 2, no. 3 (December 4, 2022): 317–34. http://dx.doi.org/10.22219/ilrej.v2i3.22395.
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The principle of the presumption of innocence is one of the principles regulated in the Criminal Procedure Code (KUHAP). The application of the principle of the presumption of innocence is closely related to the application of rights to individuals, for example to suspects in the crime of theft who are in the process of being investigated. The regulation of these rights is regulated concretely in the Criminal Procedure Code. However, despite this, the application of the principle of the presumption of innocence in this case the application of the rights of the suspect during the arrest and detention process is still not given much attention by police investigators. Therefore, the researcher raised two problem formulations. First, how is the application of every person arrested for committing the crime of theft to be considered innocent until there is an Inkracht Decision at the Pamekasan Police Resort. Second, how is the application of every person who is detained for the crime of theft must be considered innocent until the Inckracht Decision is made by the Pamekasan Resort Police. The research method used is a sociological juridical approach. It can be concluded that in the application of rights in the arrest process, two rights have not been implemented by the Pamekasan Police investigators, namely the suspect's right to ask the investigator to show an arrest warrant (Article 18 paragraph (1) KUHAP) and regarding the right for the family of the arrested suspect to receive a copy of the letter. an immediate arrest order (article 18 paragraph (3) KUHAP). While in the detention process, two rights have not been implemented, namely those related to the suspect's right to give information freely (article 52 KUHAP) and the suspect's right to obtain legal assistance and law enforcers are required to appoint legal counsel (article 54 KUHAP)
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Boitsov, A. A. "The Expert Initiative Right from a Perspective of Legal Hermeneutics." Theory and Practice of Forensic Science 14, no. 2 (July 13, 2019): 115–27. http://dx.doi.org/10.30764/1819-2785-2019-14-2-115-127.
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The article is devoted to the analysis of one of the rights forming the procedural status of a forensic expert, that is the right of expert initiative. The right is considered not only from a procedural point of view, but also in the context of professional, moral and ethical standards that should guide a forensic expert in his activities. The right of expert initiative is considered as a professional responsibility of an expert. From the perspective of legal hermeneutics an attempt is made to identify its direct recipient and more importantly - the form of realization of this right by the expert. The norm in question is examined within the context of regulatory legal acts and in this connection, we try to understand the content of this norm considering the basic principle of forensic expert activity - the objectivity principle and the complementary principles of comprehensiveness and completeness of a research. The question is raised of the mandatory nature of the norm for the expert regardless of the procedural form of its implementation.
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Dominiak, Łukasz. "Must Right-Libertarians Embrace Easements by Necessity?" Diametros, no. 60 (June 25, 2019): 34–51. http://dx.doi.org/10.33392/diam.1241.
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The present paper investigates the question of whether right-libertarians must accept easements by necessity. Since easements by necessity limit the property rights of the owner of the servient tenement, they apparently conflict with the libertarian homestead principle, according to which the person who first mixes his labor with the unowned land acquires absolute ownership thereof. As we demonstrate in the paper, however, the homestead principle understood in such an absolutist way generates contradictions within the set of rights distributed on its basis. In order to avoid such contradictions, easements by necessity must be incorporated into the libertarian theory of property rights and the homestead principle must be truncated accordingly.
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Shtefan, Olena. "The principle of transparency and openness of the judicial process and its full fixation by technical means in the civil proceedings of Ukraine." Theory and Practice of Intellectual Property, no. 2 (June 23, 2022): 5–14. http://dx.doi.org/10.33731/22022.259739.
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Keywords: principle of publicity and openness of judicial process and its full fixingby technical means, principles of civil proceedings, civil proceedings, information withlimited access, mechanism of legal regulation
The article substantiates the relevance and necessity of further in-depthresearch on the principle of transparency and openness of the judicial process and itsfull fixation by technical means in civil proceedings of Ukraine, proves the objectiveconnection between the principles of civil proceedings and processes in society and themethod of the field of law, as well as between the very principles that comprise thesystem.It defines the principles of civil procedural law as the main ideas, fundamentalprinciples of the tasks and objectives of civil proceedings, enshrined in the rules ofcivil procedural law, which reflect the specifics of the subject and method of legal regulationof civil procedural law, as one element of the legal regulation of civil procedure,which are in a dialectical relationship and interdependence with other elementsof the mechanism of legal regulation.Different approaches to the disclosure of the essence and legal implementation ofthe principle of publicity and openness of the trial and its full fixation by technicalmeans, which are reflected in the scientific works of procedural law professionals ofthe past and modern researchers. It turns out that this principle is a constitutional,intersectoral, organizational principle of civil procedural law, which has a normativeconsolidation at both national and international levels of legal regulation.Based on the analysis of the legislation, the content of the principle of publicityand the principle of openness as components of the principle of publicity and opennessof the trial and its full fixation by technical means, exceptions to these principles, aswell as legal mechanisms for their implementation. The legal positions of the EuropeanCourt of Human Rights on the disclosure of information with limited access areanalysed. The conclusion is substantiated that the principle of openness and opennessof the judicial process and its full fixation by technical means is a complex principle,its implementation is ensured, on the one hand, by achieving the tasks and goals ofcivil proceedings, and on the other, by exercising the right to fair trial components —the right of access to justice.
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Phiri, Siphethile. "Companies and the Constitutional ‘Right to Life’: A Critical Analysis of the Companies Act 71 of 2008." Mediterranean Journal of Social Sciences 12, no. 6 (November 5, 2021): 107. http://dx.doi.org/10.36941/mjss-2021-0061.
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Corporate law is founded on the fictitious principle of the separate legal personality of a company. This principle entails that a company is a juristic person, separate and distinct from any persons involved with the company. Because of their juristic nature, companies can acquire rights and incur liabilities in their own capacity. This corporate-law principle is rooted in section 8(4) of the Constitution of the Republic of South Africa, 1996 (hereafter the Constitution) which expressly provides the Bill of Rights applies to juristic persons subject to the stated considerations. The fact that companies as juristic persons, similar to natural persons, are entitled to the rights and freedoms contained in the Bill of Rights reveals that the Constitution recognises companies as ‘persons’. In this light, the article investigates how the Companies Act 71 of 2008 (hereafter the Companies Act) has embraced the constitutional right to life of companies as juristic persons as provided for in section 11 of the Constitution. To achieve this aim, the author applies the doctrinal legal research methodology – a legal research model which entails an examination of so-called ‘black-latter law’ with the Companies Act being the principal instrument. The results show that, although companies to do not enjoy the right to life in the same manner as natural persons, the literature examined reveals that the Companies Act recognises company’s constitutional right to ‘life’. In many instances, the right to continued existence of companies is promoted in various ways, including the introduction of the novel concept of business rescue by the Companies Act as a way of promoting the right to ‘life’ of companies.
Received: 20 August 2021 / Accepted: 7 October 2021 / Published: 5 November 2021
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Romashko, Anton. "Conceptual approaches to the application of principle of proportionality." Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 568–74. http://dx.doi.org/10.33663/1563-3349-2022-33-568-574.
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Upon the Article 8 of the Constitution of Ukraine the principle of the rule of law is recognized and eff ective in Ukraine. It is generally accepted that the principle of proportionality is a key component (sub-principle) of the rule of law along with the principle of legal certainty, principle of separation of powers, equality before the law, judicial independence. The principle of proportionality is considered to be one of the most transparent and eff ective mechanisms for the protection of human rights nowadays. Even though the principle of proportionality is a well-known principle both for the national and foreign jurisprudence, only a few foreign articles are devoted to the conceptions of application of the principle of proportionality while such studies are absent in Ukraine at all. Therefore, in our opinion, there is a need to analyze modern conceptions of application of principle of proportionality in order to start the scientific discussion in Ukraine because approaches to its application aff ect the results of the application of the latter. There are two conceptions of principle of proportionality application: optimizing conception and state-limiting conception. These two conceptions can be distinguished from one another by the extent of juridical activism and extent of right protection based on its content. Proceeding from examination of two main conceptions of principle of proportionality application: optimizing and state-limiting conceptions, the following features of these conceptions can be highlighted. As for the optimizing conception, assimilation (equating) of right and public interest, balancing between the right and public interest, equal protection of both rights and public interest, the rule of law shall be achieved through the balancing, not through the limiting the state. On the other hand, when it comes to the state-limiting conception – there is a clear distinction between the rights and public interest, absolute primacy of rights over any public interest, wide discretion of the judiciary, the rule of law shall be achieved through the protection of human rights. Key words: Rule of law, principle of proportionality, conceptions, limitation of government, human rights.
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Ma, Yue. "A Improvement of the Keep-Right-Except-to-Pass Rule in the Model of Modified CA (Cellular Automata)." Advanced Materials Research 989-994 (July 2014): 3050–53. http://dx.doi.org/10.4028/www.scientific.net/amr.989-994.3050.
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We build the model of Modified CA(cellular automata) to analyze the right-hand drive principle, at the same time we put forward the New Principle (In the principle, right lane is the high-speed lane and vehicles driving on it normally. This paper divides the whole principle process into four stages. The overtaking vehicle (A) send signals to the overtaked one (B),B moves to the low-speed lane to let A pass, A moves straight to finish overtaking and B returns.) and its creation is optimized by the model. At last, we use the model to analyze the traffic conditions in different principles or vehicle density or speed limit.
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Qazvinova, Elmira. "On the issue of the right of legislative initiative." Scientific Bulletin 4 (2020): 85–90. http://dx.doi.org/10.54414/nohi4172.
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The Constitution of the Republic of Azerbaijan reflects all the basic principles that characterize a democratic state system. The fundamental law of our country states that the only source of power is the people, and also that the Republic of Azerbaijan is a democratic and legal state, and state power is based on the principle of separation of powers. It is gratifying to note that in addition to political rights, such as the right to elections and referendum, citizens have other opportunities to participate in the exercise of state power, one of which is the right of legislative initiative of citizens.
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Mustafa, Areean Mahmood. "Comprehension of the Principle of Good Administration in the Framework of EU Administrative Law." Journal of University of Human Development 3, no. 1 (March 31, 2017): 259. http://dx.doi.org/10.21928/juhd.v3n1y2017.pp259-267.
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Good administration is a European administrative principle that could be deemed as an instrument for enhancing transparency, legal certainty and predictability in administrative procedures. There is no certain definition for the principle. The definitions differ depending on the disparity of the viewpoints. Charter of Fundamental Right of the European Union classifies the principle as one of the fundamental rights of individuals, while the European Union’s Courts differentiate between the various sub-components of the principle to establish a comprehension for their characteristics. The current article suggests that the principle could be understood from both sides, although perceiving it as a fundamental right would more reasonably establish a stronger protection for the individuals in their contact with the administrative institutions; as the individuals’ rights are now more central in the modern administrative systems around the globe.
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Kwok, Chi, and Ngai Keung Chan. "Towards a political theory of data justice: a public good perspective." Journal of Information, Communication and Ethics in Society 19, no. 3 (August 18, 2021): 374–90. http://dx.doi.org/10.1108/jices-11-2020-0117.
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Purpose This study aims to develop an interdisciplinary political theory of data justice by connecting three major political theories of the public good with empirical studies about the functions of big data and offering normative principles for restricting and guiding the state’s data practices from a public good perspective. Design/methodology/approach Drawing on three major political theories of the public good – the market failure approach, the basic rights approach and the democratic approach – and critical data studies, this study synthesizes existing studies on the promises and perils of big data for public good purposes. The outcome is a conceptual paper that maps philosophical discussions about the conditions under which the state has a legitimate right to collect and use big data for public goods purposes. Findings This study argues that market failure, basic rights protection and deepening democracy can be normative grounds for justifying the state’s right to data collection and utilization, from the perspective of political theories of the public good. The state’s data practices, however, should be guided by three political principles, namely, the principle of transparency and accountability; the principle of fairness; and the principle of democratic legitimacy. The paper draws on empirical studies and practical examples to explicate these principles. Originality/value Bringing together normative political theory and critical data studies, this study contributes to a more philosophically rigorous understanding of how and why big data should be used for public good purposes while discussing the normative boundaries of such data practices.