Suchergebnisse

La UNASUR se ha destacado desde sus inicios en la compleja labor de mediación y resolución de conflictos internacionales. Para ello, esta entidad multilateral ha apelado a distintas fórmulas políticas tendientes al encausamiento de problemáticas y conflictos apartados del camino de la institucionalidad y de los medios tradicionales de resolución. Con todo, y pese a la búsqueda de caminos alternativos, han sido las cumbres presidenciales la principal herramienta destinada a encontrar soluciones innovadoras y respetuosas del orden democrático y constitucional de los países sudamericanos. En este artículo se analiza de manera específica la actuación de la UNASUR en dos casos de profunda gravedad institucional: el intento de golpe de Estado ocurrido en Ecuador el 30 de septiembre de 2010 y el derrocamiento del ex presidente Fernando Lugo en Paraguay en junio de 2012. Luego de analizar estos dos casos extremos; y las implicancias políticas generadas, se avanza en una visión comprensiva acerca del éxito o el fracaso del papel político de la UNASUR como instancia de resolución de conflictos a nivel internacional.

The relationship between crime and punishment has never been isolated. Under the influence of socio-economic, political, and cultural changes, metamorphoses of the institution of execution of punishments took place; in particular, the rights of convicts were liberalized. Therefore, it is necessary to analyze the historiography of this phenomenon in terms of international standards, as well as the peculiarities of their implementation. The work aims to characterize the implementation of international standards on the rights of prisoners in terms of historiography and legal regulation. The object of research is the norms of international law. The subject of the study is social relations that arise in the implementation of international standards on the rights of convicts in prisons. The research methods were dialectical, systemic, structural, formal-legal, historical-legal, methods of analysis, synthesis, induction, and deduction. As a result, international standards for the rights of prisoners serve as a model, an example of rational social relations in the penitentiary environment. Key aspects that should be universally considered by the governments of all countries are identified and described.

The article is devoted to the peculiarities of the international regulations of the organization of the investigation and collection of evidence of military crimes. The objective is to analyze the effective minimization of the impact of destructive factors on the investigation of military crimes, so it is necessary to create a special governmental institution to cooperate with the International Criminal Court with the appointment of national coordinators in relation to amendments to the Code of Criminal Procedure of Ukraine, which provides for the possibility of investigation. The methodological basis of the research was the methods and techniques of scientific knowledge, specifically the main method of research was the dialectical method. It is concluded that the concept of investigation of military crimes committed in armed conflict and criminal prosecution of perpetrators can be defined as of important scientific and practical significance, a holistic interdisciplinary comprehensive theoretical system of activities under special conditions, which generally combines theoretical provisions on specific patterns in the field of legal support, organization of investigation and collection of evidence of military crimes. : search, arrest and transfer of officials involved in military crimes and implementation of international proceedings against the accused.

The article aims to define the sectoral legal tools that can be incorporated into the legislations of the countries of the world for the development of gender policies in social and labor relations. The research methodology included methods of general and special scientific character, which aim to ensure the unity of approaches. Attention has been paid to the justification of subjective differentiation of working conditions in the acts of the International Labor Organization. Legal conditions for the introduction of gender equality in legal systems were proposed in order to ensure the social and economic development of society. It is concluded that international standards of social and labor relations make it possible to implement gender equality policy in various variable models. Finally, among the special sectoral tools for solving gender problems, it is worth applying: subjective and social differentiation of working conditions; gender-neutral legislation; local acts as a method of raising the level of moral and ethical standards in professional groups, and; gender quotas and gender parity with differentiation in various spheres of economic activity.

The article is dedicated to investigation of different approaches in the field of juvenile prevention and juvenile justice. The article examines the features of juvenile justice and juvenile prevention in different countries, in particular, in the United States, Britain, France, the Netherlands, Germany, Italy, Ukraine. The existing models of organizing the activities of the juvenile police, other specialized bodies and institutions for children operating in foreign countries are considered. The issues of organization and implementation of crime prevention among children in different countries of the world have been studied. Special attention is paid to the US experience in the field of juvenile justice and juvenile prevention. In particular, the system of specialized bodies and institutions for children in the United States was studied. International systemic acts on the settlement of juvenile liability are analyzed. The analysis of world models of juvenile justice, in particular, Anglo-Saxon, continental, Scandinavian, is carried out and their peculiarities are singled out. The positive features of each of these models, which can be borrowed, in particular, by Ukraine, have been identified.

The objective of the investigation was to analyze some international experience in assessing the effectiveness of law enforcement in crime prevention. Methodologically, the dialectic method, typical of materialistic philosophy, was combined with scientific techniques of cognition. It is concluded that the basis for assessing the effectiveness of law enforcement agencies in different countries is based on a set of quantitative and qualitative criteria; sometimes such criteria conflict with each other, as some are beneficial for bureaucratic reporting, while others reflect the public's interests. Public opinion, as one of the main criteria, is becoming increasingly important in assessing the effectiveness of law enforcement agencies in some countries (e.g., the Slovak Republic), and in the US, France, Japan, Austria, and Italy, it is a traditional evaluation tool. Ambiguous is the use of statistics to assess the effectiveness of law enforcement in certain countries and Finally, there are countries where criminal statistics are a priority to determine the effectiveness of law enforcement and in others not.

Linking municipal-level homicide rates from 1990 through 2018 with data from the Mexican Migration Project, we estimate a series of multinomial discrete-time event history models to assess the effect that exposure to lethal violence has on the likelihood of migration within Mexico and to the U.S. without documents. Statistical estimates indicate that the homicide rate negatively predicts the probability of taking a first undocumented trip to the U.S. but positively predicts the likelihood of taking a first trip within Mexico. Among those undocumented migrants, who have already taken a first U.S. trip, lethal violence also negatively predicts the likelihood of taking a second undocumented trip. Among returned internal migrants whose first trip was to a Mexican destination, the odds of taking a first undocumented trip were also negatively predicted by the municipal homicide rate. Violence in Mexico is not a driver of undocumented migration to the U.S.

The article is devoted to a topic as topical as the legal transformations in the Ukrainian system under the influence of international law. Therefore, the aim of the article is to discuss the theoretical and practical aspects of the study of the impact of international law on domestic law, as well as to identify the differences and similarities between international law and Ukrainian law in the specific field of criminal and civil law. The methodological basis of the study consisted in the use of the system-structural method, which made it possible to determine the place of international legal norms in the system of national legislation and, also, the comparative method of international and Ukrainian legislation in force. In the main results obtained, it is revealed that the transformation of Ukrainian legislation is carried out mainly under the influence of Western globalization, which implies the transformation of a certain international law. It was concluded that, in the legal sphere of Ukraine, international agreements have been greatly influenced by the transformation of international law through the application of Ukrainian law through a process of legal synthesis.

The purpose of the article was to offer ways to improve the legislation regulating the field of automation of judicial enforcement proceedings, in order to guarantee the rights of the executing entities. The research methodology is based on the application of the following methods of scientific cognition: analytical, comparative, legal, hermeneutic and synthesis. Gaps in the legal regulation of automation of court enforcement proceedings in Ukraine were identified and ways to eliminate them were suggested. The authors have offered amendments to legislative acts with respect to: granting the right to the parties to enforcement proceedings to apply through the enforcement officer to the State Enterprise "National Information Systems" to further solve problems of removing obstacles to access to the Automated System of Court Enforcement Proceedings. It is concluded that, it can be stated that the automation of court enforcement proceedings is a significant achievement of the national system of court enforcement proceedings. However, in order to improve the legislation on the automation of judicial enforcement procedures and the practice of its implementation, a set of institutional reforms must be carried out.

Una de las características esenciales de una evaluación es determinar el éxito de una intervención. En las evaluaciones de la cooperación al desarrollo (CD), esta valoración se basa en los criterios de evaluación establecidos internacionalmente ya desde principios de la década de 1990 por el Comité de Ayuda al Desarrollo de la Organización para la Cooperación y el Desarrollo Económicos (CAD-OCDE). Con la pretensión de establecer "mejores criterios para una mejor evaluación", se han revisado por primera vez los llamados criterios CAD.