Suchergebnisse

The article is devoted to the study of the main trends in the development of non-human rights, the analysis of European and national legislation on this issue. The appearance of non-human rights is viewed through the prism of human dignity, the author supports the idea that dignity is an advantage of man and at the same time signifies his ability to "rule over other creatures, to create human civilization and its benefits, other socially significant things". After analyzing the basic doctrinal views on animal rights, the logical assumption is made that a person or an animal should be at least equal in two aspirations: preserving one's life and avoiding pain. This, in turn, automatically means the possibility of existence for these creatures: the right to life, the right to protection against personal injury, the prohibition of torture and the prohibition of moral harm. The four major Conventions adopted by the Council of Europe, which actually lack a clear list of animal rights, and the World Declaration of Animal Rights adopted by the International League of Animal Rights, which contain such a list of rights, as well as national legislation in the form of the Law of Ukraine on the Protection of Animals against Cruelty, are also analyzed ". After that, the author concludes that with the exception of such European countries as Spain, Switzerland and Germany, where animal rights are defined and enshrined at the legislative and general legal levels, the major world trends testify to their neglect and lack of study. This is the main reason why it is not possible to change the animal cruelty that prevails in society in some places.

The article is devoted to the analysis of fundamental rights with and without institutional guarantees. It is determined that institutional guarantees are the so-called guarantees of specific institutions and legal institutions, or the protection that arises as a result of a simple legal instruction. The article is based on an analysis of the constitutional law of Germany, since it was in this country that the idea of the existence of an institutional guarantee appeared for the first time, in particular the right to marriage, family, property or inheritance. It is also emphasized that the German Constitution recognizes not only the subjective right to marry, create a family or buy or sell property, inherit or abandon it, but also guarantees the objective legal phenomenon of marriage, family, individual ownership and transfer of property to heirs as a result of the death of a person as a legal institution. Therefore, since the emergence of these rights, and to this day, the main purpose of these rights has been and is the formation of constitutional proceedings against all-powerful legislative activity, and some restraint. The author of the article also points to possible classifications of institutional guarantees by the guarantees of the objects, as well as by the way of presentation in the normative legal acts. According to the first classification, institutional guarantees are either constitutional guarantees of public law institutions or institutional guarantees of private law institutions. According to the second classification, institutional guarantees can be classified as simple, complex and mixed. The example of German inheritance law also clearly illustrates the relationship between institutional guarantees and subjective fundamental law. In particular, it is noted that the institutional guarantee and individual fundamental right are not the same in terms of the object protected by them and the direction of their relations. Fundamental rights, including those contained in institutional safeguards ...

The article considers the basic set of rights owned by foreigners located in the territory of Ukraine. It also characterizes legal status of foreign citizens in the realm of their right to choose their place of residence and freedom of movement, the right to life and health care, the right to conclude and dissolve a marriage on the territory of Ukraine. It is noted that the right to choose a place of residence and freedom of movement, being an absolute right, can still be somewhat limited for both citizens of the respective state and foreigners. This is due in particular to the special regime of the border or occupied territory. It is determined that in Ukraine, in fact, there is no generally accepted principle of equality between residents patients and non-residents like in Europe. This is due to ambiguous rules regarding the payment of medical services. The article also describes the conditions for the conclusion and termination of marriage by foreigners on the territory of Ukraine. Particular attention is paid to the rights in which the Ukrainian legislator somewhat restricts foreign citizens, in particular, it concerns a group of political rights. In this aspect, it is emphasized the need to involve foreigners in matters of local importance, by means of a legally stipulated permit for their participation in local elections. As an example, there are a number of European countries, including Austria, Belgium, the UK, Greece, Denmark, Estonia, Spain, Cyprus, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Germany, Portugal, Slovakia, Slovenia, Hungary, Finland , France, Czech Republic, where the norm is fixed, with the possibility of foreigners to participate in (vote) in local elections, in case of confirmation of residence in the territory of the municipality within a certain period. Also, it is proposed to bring in line with international standards and Art. 39 of the Constitution of Ukraine, which actually restricts foreign citizens from meeting peacefully and thereby defending their violated ...