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1
Greenlaw, Paul S., e John P. Kohl. "Employer “Business” and “Job” Defenses in Civil Rights Actions". Public Personnel Management 23, n. 4 (dicembre 1994): 573–86. http://dx.doi.org/10.1177/009102609402300404.
Abstract (sommario):
In civil rights actions, employee-plaintiffs alleging discrimination must attempt to prove a prima facie case;1 and if accomplished the employer-defendant must attempt to rebut such cases with some type of defense. These defenses may be very narrow and specific in scope such as the seniority or merit system defenses explicitly provided for under the 1963 Equal Pay Act (EPA). On the other hand, broader “business” and or “job” defenses (and the wording and meaning varies from situation to situation) have been both devised by the courts as standards of behavior for employers, and stipulated for employers by legislation. This article will analyze four important of these employer defenses: (1) the legitimate business reason and its antecedents in EPA litigation; (2) the Bona Fide Occupational Qualification (BFOQ) “reasonably necessary” defense provided in both the Civil Rights Act of 1964 and in the Age Discrimination in Employment Act of 1967; (3) the business necessity and job related standards promulgated in Griggs v. Duke Power, 401 U.S. 424 (1971), as eventually codified by the Civil Rights Act of 1991; and (4) the job relatedness/business necessity/reasonable accommodation defense of the Americans with Disabilities Act of 1990 (ADA). All of the above defenses pose current challenges to employers except probably the BFOQ, so that their examination should be of value to all those involved in employee relations law.
2
Harel, Alon. "Revisionist Theories of Rights: An Unwelcome Defense". Canadian Journal of Law & Jurisprudence 11, n. 2 (luglio 1998): 227–44. http://dx.doi.org/10.1017/s0841820900002009.
Abstract (sommario):
Disputes over the scope of specific rights, e.g., over the right to free speech, the right to property, or the right to equality, often originate in differing assumptions concerning the reasons that justify the protection of these rights. Thus, those who believe that reasons of autonomy justify the right to free speech will identify the scope of this right differently from those who justify this protection through, say, appeal to the marketplace of ideas. Despite the diverse subject matter of these disputes, there is a uniform structure characterizing them. Some supporters of rights, call them “traditionalists,” locate the reasons that justify the protection of rights within individualistic concerns. Others, call them “revisionists,” deny this traditional claim and argue that rights can be partially or exclusively grounded in societal interests.Traditionalism’ and ‘revisionism’ are terms stipulated to clarify the conceptual difference between two different understandings of rights. These understandings are often implicit in the way the term ‘rights’ is used in political or legal debates concerning the scope of particular rights. At other times, these implicit understandings of the term ‘rights’ are articulated more or less explicitly by moral or political philosophers investigating the nature of rights. Thus, when the terms ‘revisionist’ or ‘traditionalist’ are used in this article, they are used in two different ways. Sometimes, they denote implicit fundamental presuppositions about the nature of rights—presuppositions which underlie many of the contemporary debates over the scope of particular rights. At other times, they denote philosophical theories exploring systematically the nature of rights and the reasons underlying them.
3
Huang, Tian Ming, Xing Yun Yu e Chao Xie. "Research on the Sort and Evaluation of National Defense Intellectual Property Rights". Advanced Materials Research 971-973 (giugno 2014): 2398–401. http://dx.doi.org/10.4028/www.scientific.net/amr.971-973.2398.
Abstract (sommario):
According as the characteristic of National Defense Intellectual Property Rights, such as martial, monopolized, specific and be not suitable for current, the thesis classified National Defense Intellectual Property Rights as National Defense patent, National Defense technology privacy, National Defense copyright, National Defense brand-right and National Defense credit standing right. We should choose different means base on the different types.
4
Mudassar Hussain e Naeem Akhtar. "Theoretically Justification of Human Rights: A Case of Natural Rights Theory". Zakariya Journal of Social Science 2, n. 1 (30 giugno 2023): 42–53. http://dx.doi.org/10.59075/zjss.v2i1.232.
Abstract (sommario):
The theoretical justification of natural rights examines the philosophical foundations and ethical principles that support the existence and applicability of these rights. People have some rights simply by being human, and neither groups nor governments may bestow them upon them, according to the idea of natural rights. It also provides a concise overview of the theories that support natural rights, including those that rely on moral intuition, human nature, and the Social Contract. The moral intuition approach maintains that natural rights are self-evident and universally accepted since they are based on our innate sense of right and wrong. It claims that certain inherent human rights are required for human flourishing and well-being. Based on the intrinsic qualities and needs of people, the human nature perspective defends natural rights. It argues that some rights, such as the right to life, liberty, and property, are derived from basic human attributes and abilities. According to the Social Contract theory, a hypothetical agreement among members of a community serves as the foundation for natural rights. It proposes that people voluntarily create a Social Contract to set up a governing body that upholds and defends their fundamental rights. These theoretical defenses offer frameworks for comprehending the nature, significance, and defense of natural rights. They emphasize on these rights’ intrinsic and universal nature, the value of human dignity, and the idea of inalienability. Individuals can live dignified lives by recognizing and upholding their natural rights.
5
Kvansakul, Marc, Fung T. Lay, Christopher G. Adda, Prem K. Veneer, Amy A. Baxter, Thanh Kha Phan, Ivan K. H. Poon e Mark D. Hulett. "Binding of phosphatidic acid by NsD7 mediates the formation of helical defensin–lipid oligomeric assemblies and membrane permeabilization". Proceedings of the National Academy of Sciences 113, n. 40 (19 settembre 2016): 11202–7. http://dx.doi.org/10.1073/pnas.1607855113.
Abstract (sommario):
Defensins are cationic antimicrobial peptides that serve as important components of host innate immune defenses, often by targeting cell membranes of pathogens. Oligomerization of defensins has been linked to their antimicrobial activity; however, the molecular basis underpinning this process remains largely unclear. Here we show that the plant defensin NsD7 targets the phospholipid phosphatidic acid (PA) to form oligomeric complexes that permeabilize PA-containing membranes. The crystal structure of the NsD7–PA complex reveals a striking double helix of two right-handed coiled oligomeric defensin fibrils, the assembly of which is dependent upon the interaction with PA at the interface between NsD7 dimers. Using site-directed mutagenesis, we demonstrate that key residues in this PA-binding site are required for PA-mediated NsD7 oligomerization and coil formation, as well as permeabilization of PA-containing liposomes. These data suggest that multiple lipids can be targeted to induce oligomerization of defensins during membrane permeabilization and demonstrate the existence of a “phospholipid code” that identifies target membranes for defensin-mediated attack as part of a first line of defense across multiple species.
6
AMBROSĂ, Cosmin. "Non-patrimonial Rights Defense – The Right to One's Own Image". Anuarul Universitatii "Petre Andrei" din Iasi - Fascicula: Drept, Stiinte Economice, Stiinte Politice 28 (10 dicembre 2021): 16–30. http://dx.doi.org/10.18662/upalaw/63.
Abstract (sommario):
A person's image is a fundamental value, provided by both the Civil Code and the fundamental law, whose protection is ensured by maintaining a fair balance between the exercise of the right to be informed and the freedom of expression. Thus, from the point of view of the ECHR’s practice, freedom of expression is not an absolute, inviolable and uncensored right as the freedom of holding an opinion and the freedom of speaking because it must be exercised like any other human rights, within its natural limits so as not to harm in any way the others' right and legitimate interest.
7
Mamula, Đorđe. "Right of the accused to adequate time for preparing his defense in the criminal proceedings". Glasnik Advokatske komore Vojvodine 72, n. 8-9 (2000): 309–15. http://dx.doi.org/10.5937/gakv0008309m.
Abstract (sommario):
The author analyzes statutory provisions as to right to defense and right to adequate time for preparing the defense. The author criticizes the Statute that divides these rights into two categories: the rights before and the rights after the first questioning of the accused. The Constitution does not define this right as deferred to some later moment in the proceedings. Guarantees for the position of the accused have to be of such nature to prevent arbitrariness in the application of legal norms.
8
Majchrzak, Dawid. "Historia prawa człowieka do obrony. Współczesne jego rozumienie." Civitas et Lex 33, n. 1 (20 marzo 2022): 85–100. http://dx.doi.org/10.31648/cetl.6972.
Abstract (sommario):
The purpose of this article is to present the rights to defense in the universal, regional andnational human rights system. The article presents the institutions of the right to defense from theoldest civilisations until today. It shows the most important regulations of the universal systemof human rights protection, as well as regional systems and national law, and analyses the rightto defense as a procedural institution. The aim of this article is to present the evolution of therights of defense from the point of view of human rights where it is an indispensable elementof the applicable codes of criminal procedure. In this article I will try to answer whether, despitethe extensive guarantee of this right, it is sufficiently implemented, and if not why and what arethe ways to change this state.
9
Kuzubov, A. A., e A. N. Maksimenko. "Essence of the Stipulation in the Roman Private Law". Legal Order and Legal Values 1, n. 2 (17 luglio 2023): 47–55. http://dx.doi.org/10.23947/2949-1843-2023-1-2-47-55.
Abstract (sommario):
Introduction. The issues of stipulation were widely covered in the ancient Roman Law sources of knowledge. Throughout the history of Roman Law, the institution of stipulation has undergone some changes. The stipulation arose in the archaic period and got the greatest development in the classical era. Within the Roman Private Law course, which is obligatory for substantial study of the Law curriculum, the special place is allocated to the topic of stipulation. The aim of the present study is to provide the scientific analysis of the Roman Law sources of knowledge with regard to the subject matter of the institute of stipulation in the Roman Private Law, finding out its structural features, origin and evolvement in the historical perspective.Materials and Methods. The legal, organisational, worldview, methodological and other aspects of studying the stipulation within the Roman Private Law have been considered by applying the methods of scientific cognition generally accepted in Russia: general scientific (dialectical) and specific scientific (analysis, synthesis, historical case specific, logical, etc.) methods.Results. The stipulation is an unilateral agreement (contract) used in the Roman Law, concluded orally (verbally) between the parties (debtor and creditor) in the form of solemn declarations regarding the proprietary rights of the Roman citizens and foreigners. The mandatory attributes of the stipulation are: the grounds, the subject, the parties, the form and classification. Various juridical factors used to be the grounds for arising the stipulation. Alongside, according to the Roman Law School, the provided obligation was referred to the range of conventional (contractual) ones, was unilateral and had an abstract nature. Any obligation comprising the ownership right as well as the right of possession could constitute the subject of the stipulation. The provisions on monetary assessment timeframe of an object of obligation, various conditions for terminating the stipulation, circumstances excluding the defense's claims in the lawsuit based on the stipulation, and mandatory requirements for making a deal have been considered in the article. The parties to the agreement were both Roman citizens and foreigners. The deal could be made for the benefit of a creditor as well as his heirs. The obligations within the stipulation and the features of slaves’ participation in the agreement have been considered. In such agreements the parties were represented by: guardians, adstipulators, donators. The timeframe for fulfilling an obligation should have been indicated as a condition for concluding an agreement, and the period for claims in the lawsuit began from the moment of detecting the violations of an obligation, which took place during the factual happening of an event in the frame of the agreement. The potential perspective has been highlighted during studying the history of obligations within the stipulation on the territory of the Bosporan kingdom, being the part of the Roman protectorate. The examples of the institution of stipulation acceptance in the current Law of Obligations have been considered.Discussion and Conclusions. The conducted research has theoretical and practical value and is targeted at the educators providing professional training to future lawyers. Thus, one of the topics proposed for including into the Study Module “Roman Private Law” is the stipulation, which is traditionally studied within the Roman Law of Obligations.
10
McCall, John J. "Employee Voice in Corporate Governance: A Defense of Strong Participation Rights". Business Ethics Quarterly 11, n. 1 (gennaio 2001): 195–213. http://dx.doi.org/10.2307/3857877.
Abstract (sommario):
Abstract:This article surveys arguments for the claim that employees have a right to strong forms of decision-making participation. It considers objections to employee participation based on shareholders’ property rights and it claims that those objections are flawed. In particular, it argues the employee participation rights are grounded on the same values as are property rights. The article suggests that the conflict between these two competing rights claims is best resolved by limiting the scope of corporate property rights and by recognizing a strong employee right to co-determine corporate decisions.
11
Kryńska, Elwira Jolanta. "Kardynał Stefan Wyszyński w obronie praw narodu". Polska Myśl Pedagogiczna 7 (30 novembre 2021): 37–53. http://dx.doi.org/10.4467/24504564pmp.21.002.13932.
Abstract (sommario):
Cardinal Stefan Wyszynski in Defense of the Rights of the Nation The impulse to refer to the personal exemplar of Primate Stefan Cardinal Wyszyński and his teachings about the nation and family are the tendencies of moral relativism present in social life, resulting from the belief that only effectiveness and practical usefulness determine what is true and what is good. Seeing in this the threat of a return to „the only right and true doctrine”, which in truth is no longer the ideology of Marxism-Leninism, but destructive views opposing national culture, I consider it justified to recall one of the most outstanding Poles of the 20th century, for whom the good of Poland and Poles were the primary defense of human rights and the right of the nation to independence and justice. He tried to bring to light those values inherent in the nation that could effectively resist these growing threats. These defenses were cited as particularly valuable for the life of the nation and the Church in a totalitarian state that is striving to objectify and incapacitate the individual. However, faith combined with the morality of the Nation formed by the Church contributed to the maintenance of national unity and allowed it to survive in the conditions of communist restrictions. In order to release the Nation from the supremacy of communist ideology, the Primate of the Millennium did not hesitate to confront this system. Even his arrest and imprisonment did not discourage him from serving God and the Homeland. His nobility of heart, bravery of spirit and determination to defend the rights of the nation made him a hero who will not be forgotten!
12
Gooding, Piers, e Tova Bennet. "The Abolition of the Insanity Defense in Sweden and the United Nations Convention on the Rights of Persons with Disabilities". New Criminal Law Review 21, n. 1 (2018): 141–69. http://dx.doi.org/10.1525/nclr.2018.21.1.141.
Abstract (sommario):
The U.N. Convention on the Rights of Persons with Disabilities (CRPD) may require the abolition of the insanity defense and similar “special defenses” in criminal law. Proponents argue that abolishing the defense would advance efforts to fully recognize the legal capacity of persons with disabilities on an equal basis with others; detractors suggest it would compound the substantive inequality of an already marginalized population. This paper seeks to accelerate this debate with reference to Swedish criminal law, which saw the abolition of the insanity defense in 1965. Neither side of the debate appears to have considered the anomaly of Swedish criminal law. Equally, Swedish legislators appear to have overlooked CRPD-based considerations. Instead, Sweden seems likely to reintroduce the insanity defense following long-standing domestic criticism. This paper brings together developments in Sweden and international human rights law, and draws out conceptual and practical lessons in the quest for due process rights and substantive equality for people with disabilities in criminal law.
13
YI, ZOON IL. "Division and Combination of Right to Defense and Right to Benefit: Focusing on Right to Trial and Right to Vote". European Constitutional Law Association 41 (30 aprile 2023): 201–40. http://dx.doi.org/10.21592/eucj.2023.41.201.
Abstract (sommario):
The right to defense means the right to demand the omission or cessation of an act of external aggression by the state against the freedoms presupposed thereon. Depending on the type of freedom that is the premise of the right of defence, the state’s external aggression against it also differs in its type. An aggression against freedom of action appears as an aggression that hinders or deters the action; an aggression against freedom of state appears as an aggression that interferes with or intervenes in a certain state, in particular, an aggression against a legal status where a certain legal status is guaranteed appears as an aggression that deprives the legal status. Thus, the right to defense includes requesting the omission or suspension of the imposition of a legal obligation to hinder or deter a specific act, the legal involvement to interfere with or intervene in a specific state, and the legislation depriving a specific legal status. Unlike the right to defense, which can demand negative action from the state, the right to defense is distinct from the right to benefit, which can demand positive action from the state. The positive actions that can be demanded from the state according to these rights to benefit are essentially legislative, and according to the content of these legislations, the types of the right to benefit are classified into protection rights, procedural rights, and social rights. Restrictions on the right to defense that can demand negative actions are made in the form of positive actions, and restrictions on the right to benefit that can demand positive actions are made in the form of negative actions. Therefore, the principle of proportionality, which is a constitutional principle required for the restriction of constitutional rights, is embodied in the principle of prohibition of excessively abundance and the principle of prohibition of excessively deficiency according to the type of restriction on constitutional rights. Both the prohibition of excessively abundance and the prohibition of excessively deficiency contain four parts of the proportionality principle. And the principle of balance of legal interests, which is the core principle of the principle of proportionality, becomes the most essential partial principle while justifying restrictions on constitutional rights when applying the principle of prohibition of excessively abundance or the principle of prohibition of excessively deficiency.
14
Mathiesen, Kay. "The Human Right to Internet Access: A Philosophical Defense". International Review of Information Ethics 18 (1 dicembre 2012): 9–22. http://dx.doi.org/10.29173/irie299.
Abstract (sommario):
The United Nations has suggested that access to the Internet is a human right. In this paper, I defend the U.N.’s position against a number of challenges. First, I show that Vinton Cerf’s recent rejection of the human right to the Internet is based on a misunderstanding of the nature and structure of human rights. Second, I argue that the Internet enables the right to communicate, which is a linchpin right, and, thus, states have a duty to see to it that citizens have access to Internet technology. Third, I argue that concerns that the Internet can be used to engage in oppression and imperialism do not show that there is not a human right to it. Rather, it shows that the right to the Internet must be understood as part of a larger system of human rights.
15
Mendonsa, Lester. "Exercising the Ecclesial Right in the Defense of Fundamental Human Rights (Canon 747 §2)". Philippiniana Sacra 57, n. 173 (1 maggio 2022): 215–46. http://dx.doi.org/10.55997/2002pslvii173a2.
Abstract (sommario):
The Catholic Church enjoys the right to proclaim moral principles even in the social order and to defend fundamental human rights at all times (c. 747 §2). The papal prayer intention of April 2021 once again brings to the fore, the ecclesial right to safeguard human rights, those that have been agreed upon within the Universal Declaration of Human Rights but continue to be violated. The article examines the social and ecclesial implications that are inherent in the exercise of the ecclesial right. This includes the participatory role of every level of ecclesial governance from the papal magisterium to the lay faithful to promote and defend fundamental human rights, and to denounce violations to human dignity and values. The text presents three pastoral indications in accordance with the norm of law and magisterial teachings, to promote the ecclesial right to protect human rights.
16
Miller, Robert D., Jonathan Olin, David Johnson, John Doidge, David Iverson e Emmanuel Fantone. "Forcing the Insanity Defense on Unwilling Defendants: Best Interests and the Dignity of the Law". Journal of Psychiatry & Law 24, n. 4 (dicembre 1996): 487–509. http://dx.doi.org/10.1177/009318539602400402.
Abstract (sommario):
Although the choice of which plea to enter is reserved, under common law and most statutory law, to a criminal defendant, 17 of the 48 jurisdictions that retained the insanity defense at the time of this study permit that defense to be imposed over the objections of defendants. The authors present the results of a survey of the literature, statutes, and case law that deal with forced insanity defenses, as well as a national survey of attorneys general and state forensic mental health forensic program directors, which indicate that over a third of jurisdictions permit the imposition of the insanity defense on unwilling defendants. They also present the results of a detailed survey of 50 consecutive defendants evaluated for sanity in Colorado. While respondents from the jurisdictions (including Colorado) that permit forced insanity defenses estimate that such imposition is very rare, the results from the Colorado survey indicate that, at least in that state, it represents 32% of insanity defenses initially entered. The major reason for permitting such imposed defenses is a policy preference for preserving the dignity of the law over the rights of individual competent defendants. The authors discuss the implications of that position for forensic evaluators.
17
Dominiak, Łukasz, e Igor Wysocki. "Libertarianism, Defense of Property, and Absolute Rights". Analiza i Egzystencja 61 (2023): 5–26. http://dx.doi.org/10.18276/aie.2023.61-01.
Abstract (sommario):
The present paper argues that libertarians (e.g. Murray Rothbard, Stephan Kinsella) who subscribe the proportionality principle while embracing the view that to have a right to property is to have a right to defend it run into what we call the Property Defense Dilemma. For if the only way to defend property is to defend it disproportionately, then a private property right – contrary to what these thinkers claim – is not accompanied by a right to defend it. The most plausible way out of the dilemma – the present paper argues – is to conceive of private property rights as only weakly absolute, to use Matthew H. Kramer’s illuminating distinction. On the other hand, libertarians who as Walter Block would like to escape the dilemma by replacing the proportionality standard with the gentleness principle run into other sorts of problems (moral implausibility, incoherence) which also shows that it is the libertarian view on rights as infinitely stringent side constraints that calls for revision and attenuation.
18
Tat'yanin, D. V. "THE PRINCIPLE OF ENSURING THE RIGHT OF THE ACCUSED AND SUSPECT TO DEFENSE". Bulletin of Udmurt University. Series Economics and Law 30, n. 5 (12 novembre 2020): 763–68. http://dx.doi.org/10.35634/2412-9593-2020-30-5-763-768.
Abstract (sommario):
The principle of ensuring the right of the accused and suspect to defense is one of the absolute guarantees of the protection of the rights of these participants. However, despite its sufficient regulation, in practice there are several issues that need to be resolved. The right to defense is not identical to the right to provide qualified legal assistance, which calls into question the implementation of the principle in question from the standpoint of protecting the rights of accused and suspects, while the legislator allows the possibility of exercising this right not only by lawyers, but also by other persons. The right to protection must be provided by professionals. The provision allowing the protection of the rights of juvenile accused and suspects with their consent by legal representatives or other persons is controversial, but this approach is unacceptable for minors. The participation of a defense lawyer in cases of juvenile delinquency must be unconditional at all stages of the process. The legislator does not specify what is meant by mental or physical disabilities that prevent the accused and the suspect from exercising the right to defense, since in this case we are not talking about the insane. It is necessary to clearly define the content of these disorders that require the mandatory participation of a lawyer.
19
Kosevaliska, Olga. "The ‘Equality Of Arms’ In Macedonian Criminal Procedure". SEEU Review 11, n. 1 (1 dicembre 2015): 123–30. http://dx.doi.org/10.1515/seeur-2015-0015.
Abstract (sommario):
Abstract The right to a fair trial is implemented in our criminal procedure and is one of the core values of our criminal justice system. This right is absolute and can’t be limited on any legal base. Its essence is fair and public hearing by an independent and impartial court with guaranteeing of all the minimum rights of the defendant. One of those minimum rights is the right of equity of arms between the parties, the prosecutor and the defense. In our Law on Criminal Procedure, it is provided that the defense has the same rights and duties as the prosecutor except those rights that belong to the prosecutor as a state authority. Therefore, the purpose of this article is elaborating the right of ‘equity of arms’ and its misunderstanding in practice. Hence, we intend to show some case studies in which some evidence are not considered by the court just because they are not proposed by the prosecutor and they are crucial for the verdict.
20
Князева, Наталья, e Natalya Knyazeva. "Labours’ Right Protection of the Groups of Workers". Journal of Russian Law 4, n. 11 (31 ottobre 2016): 0. http://dx.doi.org/10.12737/22200.
Abstract (sommario):
The article pays attention to the fact that as a rule violations of labours’ right protection are of mass proportions, but the labor legislation does not provide the possibility for collective defense. Features of the labours’ right protection predetermine the necessity for restoration of the rights of one employee to solve the question about other employees whose rights have been violated in the same way. Following this line of reasoning and taking into account the identified advantages of collective defense, there was substantiated the necessity of recognition of the collective right for protection in a case of simultaneous violations of the rights of a few (group) of employees by the same employer. In the article there were formulated the attribute which has to meet the group of employees for purposes of collective defense. Some peculiarities of realization of the collective right to protection were also analyzed in present article. Special attention was paid to the collective suspension of work and classaction lawsuit as measures of collective judicial protection.
21
SOBCHUK, Anton. "Practice of the European Court of Human Rights regarding violations of the right to protection". Economics. Finances. Law 12/2023, n. - (18 dicembre 2023): 87–91. http://dx.doi.org/10.37634/efp.2023.12.17.
Abstract (sommario):
It is noted that in order to establish the content of the right to defense, it is necessary to study the interpretation of the right to defense in the practice of national courts. The list of the main circumstances that were considered by the European Court of Human Rights in the decisions against Ukraine in the context of the violation of the right to defense was determined. The inexhaustibility of the circumstances that may constitute a violation of the right to defense, which are the result of judicial discretion, is emphasized; judicial discretion refers to the judge's power to make decisions based on his individual judgment, guided by principles of justice and law. It was determined that the consequences of judicial discretion are determined by its compliance with the requirements of the law, motivation, justice and objectivity. According to the results of the study of the decisions of national courts - resolutions of the CCS of the Supreme Court, it was established that the CCS of the Supreme Court gave an assessment as a violation of the right to defense in the following cases: conducting an investigative action; consideration of the case in the appellate procedure in the absence of the convicted person, who was a minor at the time of the crime, and his lawyer; failure to ensure the participation of a defense attorney at all stages of court proceedings against a person convicted of committing particularly serious crimes, including during the review of court decisions based on newly discovered circumstances; consideration in the court of appeals of the prosecutor's appeal, in which the question is raised about the deterioration of the condition of the convicted person, in the absence of the latter, or in the absence of the defendant who is in custody, as well as his defender, who had not previously participated in this criminal proceeding; the trial in the appeals court was started without finding out whether the convicted person and his defense attorney were properly notified of the date and time of the hearing, holding a hearing in the appeals court without the participation of the defense attorney who was not properly notified of the hearing, including in in those cases when the court unreasonably ignores the request of the defense party to postpone the court session; holding a trial in a court of first instance or appellate instance with the participation of a person who, due to mental disabilities, is unable to fully exercise his rights, in the absence of a defense attorney, or the absence of verification of the need to ensure the mandatory participation of a defense attorney in criminal proceedings against persons who, due to mental or physical disabilities defects are not able to fully realize their rights.
22
Korniichuk, D. V. "Certain aspects of the realization of the suspect’s right to defense in the criminal process of Ukraine". Uzhhorod National University Herald. Series: Law 3, n. 81 (19 aprile 2024): 103–8. http://dx.doi.org/10.24144/2307-3322.2024.81.3.14.
Abstract (sommario):
The article is devoted to the consideration of certain aspects of the implementation of the suspect’s right to defense in the criminal process of Ukraine. It is noted that one of the principles of criminal proceedings is ensuring the right to defense. Thus, according to Article 20 of the Criminal Procedure Code of Ukraine, a suspect, accused, acquitted, convicted person has the right to defense, which consists in giving him the opportunity to provide oral or written explanations about the suspicion or accusation, the right to collect and submit evidence, to take personal part in criminal proceedings, to use the legal assistance of a defender, as well as to exercise other procedural rights provided for by this Code.
The author emphasized the multifaceted approaches to defining the definition of «protection», which is evidenced by the diversity of viewpoints of scientists on this issue.
The article emphasizes that a person’s right to defense is connected with the initiation of criminal proceedings, namely from the time of entering information into the EDDR or informing a person of suspicion of committing a criminal offense and acquiring the status of a suspect.
The participation of a defense attorney in the criminal process is an important guarantee of ensuring the suspect’s right to defense. An essential feature of the lawyer’s procedural status is the obligation to use the procedural rights granted to him in the interests of his client.
It is noted that in European countries attention is paid to the principle of early access to legal aid. In order to effectively implement the suspect’s right to defense in the criminal process of Ukraine, it is also necessary to apply the precedent practice of the ECtHR.
The author draws attention to the fact that among the main violations related to the participation of the defense counsel in criminal proceedings, it is appropriate to single out: failure to ensure the mandatory participation of the defense counsel in cases provided for by law; restriction of the right to freely choose a defense counsel; obstacles to the implementation of procedural rights, which are associated with obtaining free legal aid.
23
Vynokurov, V. V. "The paradigm of the right to defense in ancient thought and its significance for legal realities". TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, n. 14 (1 settembre 2023): 427–33. http://dx.doi.org/10.33663/2524-017x-2023-14-427-433.
Abstract (sommario):
The article is devoted to the analysis of ancient opinion regarding the human right to protection. The importance of understanding the right to protection in the legal and philosophical thought of antiquity and its influence on the development of human rights in the modern world are highlighted. Attention is drawn to the fact that the concept of the right to protection is not a new phenomenon, that it existed in ancient times, as evidenced by the opinions of ancient thinkers, who in their works reflected on various aspects of law, including the right to protection, in particular through the understanding of such categories as justice, equality before the law, as well as the role of the state in ensuring these rights. The views of Socrates, Plato, Aristotle, and Cicero, who initiated a theoretical approach to the problems of the state, law, and other state-legal phenomena, are considered. It is noted that all these thinkers considered the right to protection one of the most important human rights, which should be guaranteed by the state. The article analyzes some works of these philosophers. It was noted that each of them put their own context into the right to protection, and expressed views on the topic of justice and equality before the law, which can be considered as primitive forms of understanding this right. It is noted that ancient Greek and ancient Roman thinkers in their reasoning about human rights evolved in their understanding of the nature of these rights. Ancient Greek philosophers considered the right to defense as an important component of justice and political order, establishing a connection between law and moral values, while on the other hand, ancient Roman philosophers considered the right to defense as a natural right that belongs to every person from birth, regardless of laws or political system. It is emphasized that the defense of the right to protection plays an important role in history, as it provides the possibility of protecting human rights from any excessive actions by the state or other subjects, and is also an important task of society, including science, since in in the modern world, the right to protection is recognized by all democratic countries and enshrined in constitutions, international conventions and declarations, which indicates that the right to protection is an important element of the legal system that ensures the protection of human rights and freedoms and guarantees democratic principles of governance. It was concluded that the ideas of ancient thinkers regarding the right to protection had a significant impact on the further development of human rights in history and on European justice and legislation, became the basis for the further development of legal systems and influenced the formation of the modern idea of the right to protection, as well as for the development legal culture and legal awareness of society. Key words: human rights, right to protection, protection of human rights, human freedom, law, justice, equality, natural law, Socrates, Plato, Aristotle, Cicero
24
Greco, Luís. "Legítima defensa de animales". Nuevo Foro Penal, n. 15 (28 giugno 2019): 23–50. http://dx.doi.org/10.17230/nfp.15.92.1.
Abstract (sommario):
If we recognize that animals have rights, even minimal and rudimentary as the right to not to be killed without an acceptable reason or the right to live without constant or repetitive pain (§ 17 Animal Protection Law), then the consequence is that they would be covered by the right to selfdefense. Such rights would configure the attacked subjective right, which is exercised by humans instead of animals and they do so in their interest based on a legitimate third party’s defense. The legitimate defense in favor of animals is, however, less extensive than the one which is carried out in favor of a human being, according to the thesis I defend in this article.
25
Little, David. "THE RIGHT OF SELF-DEFENSE AND THE ORGANIC UNITY OF HUMAN RIGHTS". Journal of Law and Religion 36, n. 3 (dicembre 2021): 459–94. http://dx.doi.org/10.1017/jlr.2021.59.
Abstract (sommario):
AbstractThe article challenges the fashionable but finally unsupportable opinion in political and academic circles that there exists no compelling, unitary, universally resonant moral and legal justification of human rights. The argument is intimated by two overlooked passages in the preamble to the Universal Declaration of Human Rights that presuppose the right of self-defense against arbitrary force, understood as both a moral and legal concept, and as relevant both to personal and collective life. It shows how the logic of defensive force underlies the three formative human rights instruments: the UDHR, and the two covenants on political, legal, economic, social, and cultural rights. The underlying claim is that good reasons of a particular kind are required to justify any use of force, a claim that makes perfect sense against the backdrop of the atrocities committed by the German fascists and their allies in the mid-twentieth century. The article also refers to compelling, if preliminary, evidence of the widespread cross-cultural acceptance of the moral and legal right of self-defense, suggesting a basis for the worldwide comprehensibility and appeal of human-rights language.
26
Bassarani Giannella, Matteo. "DIREITO DE PETIÇÃO ENQUANTO DIREITO FUNDAMENTAL". Revista Científica Semana Acadêmica 10, n. 226 (24 ottobre 2022): 1–17. http://dx.doi.org/10.35265/2236-6717-226-12292.
Abstract (sommario):
The Petition Right constitutes a Fundamental Right positive in 5º article, XXXIV, a, of the Federal Constitution, providing itself to the “defense of rights or against illegality or abuse of power” arising along side the first generation fundamental rights through the british Bill of Rights of 1689, and being present in all brazilian Constitutions, constituting one of the most important and accessible mechanisms for exercising citizenship.
27
Siregar, Friska Anggi. "PENERAPAN BANTUAN HUKUM DI INDONESIA". Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam 10, n. 2 (28 giugno 2019): 165–74. http://dx.doi.org/10.32505/jurisprudensi.v10i2.947.
Abstract (sommario):
law (rechtsstaat) recognizes and protects human rights. All people must be treated equally in the law. Equality in law must be balanced with equal treatment. Legal assistance is the right of a person who is involved in a criminal case to be able to prepare a defense or counseling in upholding his rights as a suspect. Everyone has the right to receive legal assistance from an advocate, no one may be denied the right to obtain a legal defense in a legal state. Provision of legal assistance does not look at religious, ancestral, racial, ethnic, political beliefs, socio-economic strata, skin color and gender. Thus, justice will be realized for everyone
28
Bysaga, Y. M., e M. V. Belova. "The right to sport is among other constitutional rights and freedoms of a person and a citizen". Analytical and Comparative Jurisprudence, n. 2 (23 giugno 2023): 43–48. http://dx.doi.org/10.24144/2788-6018.2023.02.7.
Abstract (sommario):
The authors note the special importance of sports in the modern world. It is indicated that sports help a person to maintain physical form in the right condition and are the key to a healthy nation. Undoubtedly, today it is extremely necessary to instill a love for sports from an early age. Far from the last role in this matter is played by the state, in particular by carrying out legal regulation of sports. It is the state that lays the foundations for the further development of sports in our country, and it depends on it whether the population will improve their physical data. In this regard, it is important not to create obstacles, but on the contrary to provide all conditions for sports.
It is known that force is not directed only at the protection of people of lives, how much for the protection of people's right to life, which seems more important than themselves my life оn the other hand, at the present time, the desire of certain places is more and more clearly felt. He used the topic of human rights and freedoms as a lever of pressure and other means A summary of "personal accounts". As you can see, the rights of people can really be different. different, but common factors in international relations, but whether Under the conditions of strict adherence to the principles of sovereign equality by their participants means, defenses, defense forces, respect for the purpose of common law, as well as other principles of international law.
To determine the place of everyone's right to sport in the system of constitutional rights and freedoms, attention is drawn to the fact that: sport has a close connection with human rights, promoting a healthy lifestyle, equality and non-discrimination. Accordingly, such a connection is manifested both in national legislation and in acts of an international nature; the right to sport as a social phenomenon from the characteristics of its relations is defined to a greater extent as freedom; the right to engage in sports is of a social nature and can be classified as a social right; the right to sports has a place in the system of cultural constitutional rights and freedoms as the right of everyone to engage in physical culture and sports.
29
Derevyanko, D. "Methods of notarial defense of corporate rights under the legislation of Ukraine". Uzhhorod National University Herald. Series: Law, n. 69 (15 aprile 2022): 94–97. http://dx.doi.org/10.24144/2307-3322.2021.69.15.
Abstract (sommario):
In the conditions of functioning of modern social relations the processes of creation of various corporate legal entities have acquired the special intensity. In the course of establishment, activity and termination of such subjects of civil relations the issues of proper defense of corporate rights of their participants have become relevant, and consolidation of necessary effective mechanisms of such defense has always been a guarantee of business development in general and investment climate in our country. At the same time, methods of notarial defense of corporate rights require a special attention and research.
Article 18 of the Civil Code of Ukraine provides that a notary has the right to defend civil rights by making a writ of execution on the debt document in cases and in the manner prescribed by law. It follows that at the level of the codified act it has been actually defined only one way of notarial defense of civil rights – the execution of the writ of execution.
As of today, the notarial form of defense of the right to dividends by making a writ of execution on the documents is provided only for shareholders. We believe that an appropriate mechanism for defehding the right to dividends should be introduced for participants of other corporate legal entities.
The established list of types of notarial acts in its absolute majority provides for notarial protection, in particular, preventive function, rather than defendive in its traditional sense. Notarial protection and notarial defense of corporate rights are often inextricably linked. Methods of notarial defense of corporate rights may be: execution of the writ of execution by a notary; imposition and lifting of a ban on the alienation of immovable property (property rights to immovable property), which is subject to state registration and acts as a contribution to the authorized capital of legal entities of corporate type; imposing a ban on the alienation of monetary amounts that will be credited to the applicant requirements, determined in accordance with Part 4 of Art. 65-2 of the Law of Ukraine "On Joint Stock Companies", on account of conditional storage (escrow), opened in accordance with the law, etc.
30
de Vel-Palumbo, Melissa, Rose Ferguson, Chelsea Schein, Melissa Xue-Ling Chang e Brock Bastian. "Morally excused but socially excluded: Denying agency through the defense of mental impairment". PLOS ONE 17, n. 7 (26 luglio 2022): e0272061. http://dx.doi.org/10.1371/journal.pone.0272061.
Abstract (sommario):
Defendants can deny they have agency, and thus responsibility, for a crime by using a defense of mental impairment. We argue that although this strategy may help defendants evade blame, it may carry longer-term social costs, as lay people’s perceptions of a person’s agency might determine some of the moral rights they grant them. Three randomized between-group experiments (N = 1601) used online vignettes to examine lay perceptions of a hypothetical defendant using a defense of mental impairment (versus a guilty plea). We find that using a defense of mental impairment significantly reduces responsibility, blame, and punitiveness relative to a guilty plea, and these judgments are mediated by perceptions of reduced moral agency. However, after serving their respective sentences, those using the defense are sometimes conferred fewer rights, as reduced agency corresponds to an increase in perceived dangerousness. Our findings were found to be robust across different types of mental impairment, offences/sentences, and using both manipulated and measured agency. The findings have implications for defendants claiming reduced agency through legal defenses, as well as for the broader study of moral rights and mind perception.
31
Hassan, Amjad, e Ehab Asarwa. "The rights and options of the holder of the mortgaged officially: An analytical comparative study". Hebron University Research Journal (HURJ): B- (Humanities) 18, n. 2 (1 dicembre 2023): 189–212. http://dx.doi.org/10.60138/18220237.
Abstract (sommario):
Among the most important provisions in the official mortgage contract is the right of the mortgagee creditor to encumber the mortgaged property after the mortgage debt has not been paid as agreed. In this way, the law defends the inalienable right of the mortgagee creditor against all infringements. Mortgagee creditor rights may be impacted by legal relations between the debtor and others, so the legislator is keen on granting mortgagee creditors the right to track the mortgaged property wherever they may be. The legislator, however, balanced the rights of the possessor and mortgagee creditor by providing the possessor with rights and options through which he can defend his right of ownership of the mortgaged property, including the right to pay the mortgagee's creditors with all the defenses the mortgagor had against including, but not limited to, prescription payments, fulfillment payments, discharge payments, etc. His rights to a mortgaged property could be preserved through options such as repaying the debt, purifying the property, vacating it, or having the mortgagee commence enforcement proceedings.
32
Krykun, Viacheslav, Ihor Hanenko e Ihor Bykov. "Criminal Procedural Protection of Human Rights in Conditions of an Armed Conflict". Revista Justiça do Direito 37, n. 3 (30 dicembre 2023): 146–56. http://dx.doi.org/10.5335/rjd.v37i3.15361.
Abstract (sommario):
The purpose of the research is to disclose criminal procedural protection (defense) of human rights in conditions of an armed conflict. Interpretation of Article 45 of the Criminal Procedure Code of Ukraine in terms of limiting the constitutional right to choose a defense lawyer has been analyzed. A comparative analysis of current and European legislation in the sphere of access to legal aid is presented. Decisions of the ECtHR in the cases “Brusco v. France”, “Talat Tanci v. Turkey”, “Katz and others v. Ukraine” have been researched. The main issues related to participation of the defense party in criminal proceedings are highlighted. It has been theoretically established that an efficient implementation of the right to defense in criminal proceedings requires the application of the ECtHR practice, which serves as an additional effective mechanism for effective defense of human rights and representation of human interests in criminal proceedings. Scientific approaches to the introduction of a new system of legal aid and defense have been researched. A comparative analysis of current and European legislation in the sphere of access to legal aid is presented. Decisions of the ECtHR in the cases “Brusco v. France”, “Talat Tanci v. Turkey”, “Katz and others v. Ukraine” have been researched. The main issues related to participation of the defense party in criminal proceedings are highlighted. It has been theoretically established that an efficient implementation of the right to defense in criminal proceedings requires the application of the ECtHR practice, which serves as an additional effective mechanism for effective defense of human rights and representation of human interests in criminal proceedings. A conclusion has been drawn on the need to improve Ukrainian legislation in terms of determining the legal status of a defense attorney in criminal proceedings and bringing Ukrainian legislation closer to generally recognized international standards.
33
Quigley, John. "Human Rights Defenses in US Courts". Human Rights Quarterly 20, n. 3 (1998): 555–91. http://dx.doi.org/10.1353/hrq.1998.0031.
34
de Vel-Palumbo, Melissa, Chelsea Schein, Rose Ferguson, Melissa Xue-Ling Chang e Brock Bastian. "Morally excused but socially excluded: Denying agency through the defense of mental impairment". PLOS ONE 16, n. 6 (10 giugno 2021): e0252586. http://dx.doi.org/10.1371/journal.pone.0252586.
Abstract (sommario):
Defendants can deny they have agency, and thus responsibility, for a crime by using a defense of mental impairment. We argue that although this strategy may help defendants evade blame, it may carry longer-term social costs, as lay people’s perceptions of a person’s agency might determine some of the moral rights they grant them. In this registered report protocol, we seek to expand upon preliminary findings from two pilot studies to examine how and why those using the defense of mental impairment are seen as less deserving of certain rights. The proposed study uses a hypothetical vignette design, varying the type of mental impairment, type of crime, and type of sentence. Our design for the registered study improves on various aspects of our pilot studies and aims to rigorously test the reliability and credibility of our model. The findings have implications for defendants claiming reduced agency through legal defenses, as well as for the broader study of moral rights and mind perception.
35
Boasquevisque, Leôni Mongin, Marcia Prezotti Palassi e Alfredo Rodrigues Leite da Silva. "Consciência Política e Participação na Defesa de Direitos LGBTQ+ no Trabalho". Organizações & Sociedade 30, n. 107 (2023): 553–88. http://dx.doi.org/10.1590/1984-92302023v30n0020pt.
Abstract (sommario):
Resumo Este artigo visa compreender os aspectos psicopolíticos da participação dos trabalhadores de teleatendimento, de sindicalistas e de lideranças em coletivos em ações coletivas de defesa dos direitos LGBTQ+ no trabalho. A pesquisa adota o modelo conceitual de consciência política desenvolvido no campo da psicologia política por Sandoval e Silva (2016). Os dados foram produzidos qualitativamente em duas etapas: interação com os participantes da pesquisa para apresentar o tema e verificar como se sentiriam dispostos a abordar seus aspectos mais sensíveis; disponibilização de diferentes questionários on-line com enfoque qualitativo para os participantes da pesquisa: 14 trabalhadores de teleatendimento, 2 sindicalistas e 6 lideranças em Coletivos LGBTQ+. A partir da análise do conteúdo das manifestações revelou-se a heterogeneidade nas consciências políticas dos participantes da pesquisa, em diferenças envolvendo seus engajamentos políticos ou a falta dele. Ao discutir tais aspectos foi preenchida a lacuna da ausência de trabalhos no campo dos estudos organizacionais, da gestão com pessoas e das relações de trabalho, que utilizam contribuições teóricas da abordagem psicopolítica para tratar da (des)mobilização de diferentes sujeitos na defesa de direitos LGBTQ+ no trabalho nessas áreas de conhecimento. Para os trabalhadores, sindicalistas, lideranças em coletivos e a sociedade, essas contribuições teóricas permitiram vislumbrar que a articulação entre sindicatos e coletivos tende a potencializar a formação de uma consciência política crítica, fomentando ações conjuntas na luta pelos direitos LGBTQ+ no trabalho.
36
Suhov, Vadim. "Changes to the criminal procedure code: mandatory legal assistance in criminal proceedings". Journal of the National Institute of Justice, n. 4(67) (febbraio 2024): 30–36. http://dx.doi.org/10.52277/1857-2405.2023.4(67).04.
Abstract (sommario):
The protection of fundamental human rights and freedoms is an essential function of the state. To protect these rights, the state has created a complex system of surveillance and control measures, legal defense, and procedural protection. One of the fundamental human rights is the right to a fair trial, which includes the right to legal assistance. In the criminal justice system of the Republic of Moldova, the participation of a lawyer is optional, but there are circumstances in which legal assistance becomes mandatory to ensure efficient participation in the process. Compulsory defense is considered necessary in cases where the suspect, accused, or defendant, due to objective circumstances, cannot participate efficiently in the process and defend their own legal rights and interests. The legislation of the Republic of Moldova provides for compulsory legal assistance in criminal proceedings, and the criteria for its provision are in line with international standards. Investigative bodies and courts are obliged to take measures to ensure the participation of a lawyer in the case exclusively in cases provided by law. In other cases, defense is not mandatory and is provided by the suspect, accused, or defendant, independently or through the system of stateguaranteed legal assistance.
37
Regan, Tom, e Diana T. Meyers. "Inalienable Rights: A Defense." Philosophical Review 96, n. 2 (aprile 1987): 304. http://dx.doi.org/10.2307/2185167.
38
Biao, Teng. "What Is Rights Defense?" Chinese Law & Government 46, n. 5-6 (settembre 2013): 13–20. http://dx.doi.org/10.2753/clg0009-4609460501.
39
van der Vossen, Bas. "UNCERTAIN RIGHTS AGAINST DEFENSE". Social Philosophy and Policy 32, n. 2 (2016): 129–45. http://dx.doi.org/10.1017/s0265052516000133.
Abstract (sommario):
Abstract:In this essay, I defend a theory of liability to defensive force. The theory contains two elements. The first is a dual Lockean-inspired condition. The second aims to make this first condition consistent with problems arising from uncertainty. Drawing on recent work by Michael Zimmerman, I argue that the rights-based condition should be made sensitive to the evidence available to defenders.
40
О. М. Соловйов. "To the question about the protection of property right". Problems of legality, n. 124 (2 marzo 2013): 61–67. http://dx.doi.org/10.21564/2414-990x.124.52493.
Abstract (sommario):
The paper analyzes the concept of legal protection and legal protection of civil rights, which is a prerequisite for research institute of protection of private property rights. Determining the nature of the right to defense can establish its place in the structure of legal ownership.
41
Azer Aliyeva, Asmar. "FIGHTING AGAINST FAKE NEWS THE RIGHT TO BE FORGOTTEN AS A DEFENSE MECHANISM". ANCIENT LAND 03, n. 03 (29 maggio 2021): 9–11. http://dx.doi.org/10.36719/2706-6185/03/9-11.
Abstract (sommario):
Fake news and propaganda are an issue that the whole world is struggling to prevent. In particular, it is very arduous for the states to manage fake news disseminate on the Internet that harms the interests of the states. In particular, it is very tough for states to adjust fake news that harms the authority of the state, because the information shared via the Internet is not abstracted from the Data Base. The purpose of this article is to analyze the utility of the right to be forgotten as a method, which is a novel concept in the realm of human rights. Key words: right to be forgotten, fake news, propaganda, freedom of expression, freedom of information
42
Pakhomov, Sergey I., Igor M. Matskevich, Valery A. Gurtov, Natalia V. Melekh e Ekaterina I. Zaugolnikova. "Efficiency of Organizations Entitled to Award Academic Degrees". Integration of Education 24, n. 1 (31 marzo 2020): 111–43. http://dx.doi.org/10.15507/1991-9468.098.024.202001.111-143.
Abstract (sommario):
Introduction. As part of the Bologna process since September 1, 2016, the Russian government has granted the right to award academic degrees to leading educational and scientific organizations on par with Dissertation Defense Councils under Higher Attestation Commission, modeled after the system adopted at OECD member-states and universities. Currently, 27 educational and scientific organizations are exercising this right. However, the problematic issue is the assessment of their efficiency. The purpose of this research is to analyze the efficiency of Dissertation Councils of the above-mentioned scientific and educational organizations by comparing them in terms of efficiency with classical Dissertation Defense Councils established by the decree of the Ministry of Education and Scie nce of Russia. Materials and Methods. The research objects are Dissertation Councils of scientific and educational organizations of higher education (hereinafter referred to as pilot organizations) that have the right of independent award of academic degrees according to the Federal Law No. 148 issued on May 23, 2016 “On Amendments to Article 4 of the Federal Law ‘On research and state scientific and technological policy’”. Dissertation Councils efficiency analysis is made using following indicators: Dissertation Councils members’ compliance with the Higher Attestation Commission requirements, structure of candidate and doctoral defenses, Dissertation Councils members’ publications and publication activity of degree seekers. Statistical data analysis methods were applied including mean comparison me thods, clustering, factor analysis. Results. There are 337 pilot Dissertation Defense Councils and 374 classical Dissertation Defense Councils. In 2016, 24% of defenses were reviewed by pilot councils of the total number of defenses in classical Dissertation Councils of the entire network. In 2018 70 doctoral and 591 candidate defenses in “pilot” councils were held, amounting to 7% of the total number of defe nses in classical Dissertation Councils. Discussion and Conclusion. The article will be useful to the heads of federal authorities making management decisions in the field of training and certification of highly qualified scientific personnel, to the chairmen and scientific secretaries of dissertation councils, as well as to scientific and pedagogical workers carrying out analytical studies in this subject area.
43
Ma, Yuchen, e Liang Chu. "Analysis of Paths to Effectively Safeguarding Property Owners Rights in Property Service Disputes from a Defensive Perspective". Lecture Notes in Education Psychology and Public Media 50, n. 1 (26 aprile 2024): 77–87. http://dx.doi.org/10.54254/2753-7048/50/20240872.
Abstract (sommario):
This paper begins by analyzing the current status of property service disputes, examining the complex legal relationships, widespread and voluminous disputes, and intense group struggles, revealing the true state of property service disputes. The article then focuses on introducing the main types of damage to property owners rights in property service disputes to demonstrate the necessity of safeguarding property owners rights from a defensive perspective. Simultaneously, it presents the concept, types, qualifications for exercising the right of defense, and the statute of limitations, comprehensively analyzing the real challenges faced by property owners in property service disputes, including issues such as the lack of legal provisions, the absence of clear standards for defining property service quality, obstacles to property owners exercising the right of defense due to internal and external factors, and jurisdictional attributes causing inconsistent judgments in similar cases. Finally, the paper proposes measures to improve the system for property owners right of defense and the protection of legitimate rights and interests in property service disputes, including the rational allocation of burden of proof, enhancing legal provisions for standardized discretion, refining the evaluation mechanism for the property service industry, and leveraging the primary role of the property owners committee and the supervisory role of property owners.
44
Chi, Le Lan, Nguyen Thi Lan e Nguyen Hoang Ngan. "The Presence of the Defense Lawyer in Vietnam’s Criminal Justice System: Substantive or Cosmetic?" Hasanuddin Law Review 9, n. 1 (18 febbraio 2023): 20. http://dx.doi.org/10.20956/halrev.v9i1.4121.
Abstract (sommario):
Defense lawyers play an important role in protecting the rights and interests of the accused, contributing to upholding justice and reducing the number of wrongful convictions. In Vietnam, in accordance with the current Criminal Procedure Code of 2015, defense lawyers have been given more and more rights to perform legal defense activities. However, defense lawyers are still considered to bepassive participants in criminal proceedings, classified under the “judicial complementary” group. The right of lawyers to collect evidence is restricted. Furthermore, other rights have not been fully implemented. The number of lawyers compared to the entire population remains low, and there are very few criminal cases that include the participation of defense lawyers. These circumstances beg the question of whether the presence of defense lawyers in Vietnam’s criminal justice system is substantive or merely a cosmetic façade intended to improve Vietnam’s global image. This paper seeks to answer this question by analyzing the results of surveys conducted with Vietnamese lawyers. Moreover, it provides some recommendations to strengthen the role of defense lawyers in the criminal justice system of Vietnam.
45
Moore, Michael S. "LIBERTY AND THE CONSTITUTION". Legal Theory 21, n. 3-4 (dicembre 2015): 156–241. http://dx.doi.org/10.1017/s1352325216000057.
Abstract (sommario):
ABSTRACTThe article uses the recent U.S. Supreme Court decision in the same-sex marriage caseObergefell v. Hodgesas the springboard for a general enquiry into the nature and existence of a constitutional right to liberty under the American Constitution. The discussion is divided into two main parts. The first examines the meaning and the justifiability of there being a moral right to liberty as a matter of political philosophy. Two such rights are distinguished and defended: first, a right not to be coerced by the state when the state is motivated by improper reasons (prominent among which are paternalistic reasons); and second, a right not to be coerced by the state when there are insufficient justifying reasons for the state to do so, irrespective of how such state coercion may be motivated. Neither right is regarded as “absolute,” and so it is morally permissible for the state to override such rights in certain circumstances. The second part of the article examines the distinct and additional considerations that must be taken into account when these two moral rights to liberty are fashioned into corresponding legal rights under American constitutional law. Both such rights survive the transformation, but each becomes altered somewhat in its content. This legal transformation includes recognition of the nonabsolute nature of moral rights, such recognition taking the form of some doctrine of “compelling state interests.” The discussion in these two main parts of the article is prefaced with a defense of the article's use of political philosophy to inform constitutional law, a defense motivated by Chief Justice Robert's denunciation of such an approach to constitutional law in his opinion inObergefell.
46
Koryakina, Zinaida Ivanovna. "Procedural Algorithm for Ensuring the Right a Minor Suspect or Accused to Defense in Pre-Trial Criminal Procedure". Юридические исследования, n. 10 (ottobre 2019): 59–72. http://dx.doi.org/10.25136/2409-7136.2019.10.30926.
Abstract (sommario):
In terms of scientific interpretation and law-enforcement practice, Koryakina analyzes criminal procedure legislation that regulates ensuring the right to defense of a suspect or accused who haven't reached their legal age at the time of trial. The main problem here is that the procedure of pre-trial ensurance of the right to defense of a minor suspect or accused do not cover the full range of legal rights and interests as it is set forth by the Criminal Procedure Code of the Russian Federation. Thus, the legal status of a minor is equalized to the status of an individual of legal age. The aim of the research is to discover new theoretical and practical provisions about the process of ensuring the right to defense of a minor suspect or accused at the pre-trial stage of criminal procedure. The research objectives include analysis of doctrinal and regulatory ensuring the right of minors to defense as well as analysis of specific features of such process. In her research Koryakina has also used sociological, formal legal, comparative legal analysis, systems approach and modelling, historical legal and logical legal methods. In her article the author offers new provisions aimed at developing the mechanism of protection of minors' legal rights and interests taking into account not only their age but also their lack of life experience. Thus, the scientific novelty of the research is caused by the fact that the author suggests to renew the procedure of ensuring the right of minors to defense.
47
Ingram, Peter Gordon. "Self-Defense as a Justification for War". Canadian Journal of Law & Jurisprudence 7, n. 2 (luglio 1994): 283–96. http://dx.doi.org/10.1017/s0841820900002708.
Abstract (sommario):
For those who believe in the values of liberalism and democracy the state is under a political obligation to seek the common welfare of its citizens. In furtherance of this domestic duty, it retains among its external rights and powers that right of self-defense which has been assigned to states under other ideologies.
48
Knysh, Z. I. "Guarantees for Exercising and Protecting the Property Right of Internally Displaced Persons". Bulletin of Kharkiv National University of Internal Affairs 91, n. 4 (20 dicembre 2020): 130–39. http://dx.doi.org/10.32631/v.2020.4.12.
Abstract (sommario):
The author has researched property relations of internally displaced persons, the peculiarities of which are determined by their legal status and the lack of sufficient legislative regulation to protect their property status. It has been emphasized that the realization of property rights occurs through the will and actions of the owner, which must fully comply with legal requirements, because the right of the owner to actions and the actions themselves – differ from each other. The difference between the content of a subjective right and its realization is, first of all, that the content of a subjective right covers only the possible behavior of an authorized person, and the realization of the right is a real, concrete action that leads to legal consequences. Therefore, the realization of property rights by internally displaced persons is absolute, i.e. absolute civil rights apply to an indefinite number of persons, except for the right of the owner.
The legal categories of “realization”, “protection” and “defense” have been analyzed as integral components of the property right of internally displaced persons. It has been stated that protection is the category of the normal state of existence of the subjective right, and defense is the category of the subjective right in a violated state.
It has been proved that in most cases people who have left their place of residence due to armed conflict or other forms of violence do not have a real opportunity to realize actual and sometimes legal (for example, due to the lack of proper documents on the property) possession. It indicates the need to introduce guarantees that will ensure not only the realization of property rights by internally displaced persons, but also the safety of their property. It has been offered to understand the guarantees of property rights of internally displaced persons as a set of methods, means and procedures aimed at ensuring the realization of their property rights.
The author has formulated own definition and has suggested the classification of guarantees of property rights of internally displaced persons, with their division into general and special, as well as guarantees of the realization of the rights and guarantees of protection.
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Zúñiga-Fajuri, Alejandra. "Human rights and the right to abortion in Latin America". Ciência & Saúde Coletiva 19, n. 3 (marzo 2014): 841–46. http://dx.doi.org/10.1590/1413-81232014193.11032013.
Abstract (sommario):
The scope of this study is to question the fact that in some countries in Latin America (Chile, El Salvador, Nicaragua, Honduras and the Dominican Republic) abortion is still forbidden in all situations. Even after all the debate on this thorny issue, the theory of human rights is not often used in the defense of abortion. This is clearly related to the pervasive, albeit unspoken belief that, due to their condition, pregnant women inherently lose their full human rights and should surrender and even give up their lives in favor of the unborn child. This article seeks to show that an adequate reading of the theory of human rights should include abortion rights through the first two trimesters of pregnancy, based on the fact that basic liberties can only be limited for the sake of liberty itself. It also seeks to respond to those who maintain that the abortion issue cannot be resolved since the exact point in the development of the embryo that distinguishes legitimate from illegitimate abortion cannot be determined. There are strong moral and scientific arguments for an approach capable of reducing uncertainty and establishing the basis for criminal law reforms that focus on the moral importance of trimester laws.
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CESUROĞLU, Jale. "Çocuk Hukuku ve Çocuk Haklarının Önemi Üzerine". International Journal of Social Sciences 7, n. 29 (25 maggio 2023): 16–27. http://dx.doi.org/10.52096/usbd.7.29.02.
Abstract (sommario):
Children's rights is a branch of law that deals with issues such as the protection, provisions, upbringing and defense of children. This branch of law makes legal arrangements to protect the legal rights of children and to observe their removal. Children's rights, on the other hand, are the fundamental rights of all Europeans and protected by states. These rights include the right to life, the right to education, the right to health, the right not to be used, and the right to a fair trial. The right to education is also an important part of childbearing. Children's right to education is in the protection of states and society. The right to education includes people's right to go to school, the right to reproductive education, and their share of not experiencing any breadth in school. Education is important for the individual and social development of individuals and every child should have an equal level of education. But unfortunately, the world average still many children, being denied the right to education. This situation negatively affects the lives of Europeans. Children who are deprived of education may face problems such as bedding, poverty and social exclusion. Therefore, the actions taken on children's rights and the right to education are very important. Children and society need to do more to protect the growth and education of young people. In this way, his children can have equal opportunities and complete their individual and social development. Keywords: Child law, children's rights, right to education