Suchergebnisse

The article is devoted to the issue on protecting the employees' labour rights in case of an employment dispute, which is considered regarding corporate rights of company owners. The article emphasizes that during work employees are bearing more and more rights and obligations that are realized in different types of relationships. It is also stated that in case of disputes arising from employment relations, courts need to take into ac- count basic factors of labour law. The purpose of this article is to develop proposals for to improving the mechanism of for the protection of emplyees' labour rights. In order to achieve this goal, the author analyses judicial practice regarding the protection of employees' labour rights in disputes related to business entities' functioning, as well as it reveals the contractual nature of labour relations and formulates the proposals on creation of legal conditions for the pro- tection of employees' labour rights. The subject of the study is the judicial protection of company owners' corporate rights and the labour rights of employees. The object of the study is the protective legal relations that arise in the process of resolving labour disputes by the courts of Ukraine. The deductive method used in the work made it possible has allowed the author to substantiate the need for a clear distinction between labour and corporate rightslaw, consider- ing labour disputes and as well as the necessity to take into account the specifics of the method of legal regulation in labour law, in particular the contractual nature of the entrenching of on rights and obligations. The method of induction has revealed the theoretical and practical problems of the distinction between corporate and labour rights. The theo- retical and prognostic method has been used to substantiate the proposals for the improvement of labour legislation to protect the labour rights of employees. Categories and methods of formal logic have been widely used in the work: concepts, definitions, proofs, judgments, analysis, synthe- sis, analogy, comparison, generalizations, etc. The paper focuses on the judicial bodies' powers on the necessity to allocate the specialization of judges for the consideration of labor cases. Based on the case law analysis, the improvement of the national labour legislation on wrongful dismissal is proposed. In fact, every court case in which labour disputes are settled has its own peculiarities and specifics, which in its turn requires the specialization of judges who have to consider labour disputes. It is the specialization of judges in Ukraine that will provide an opportunity not only to guarantee the emploees' labour rights, but to practically improve the mechanism for the protection of employees' labour rights enshrined in collective and employmentagreements.

The article analyzes human dignity as a legal category and fundamental natural human right. The place and role of the right to human dignity in the system of constitutional rights of Ukraine and Germany are compared. The scientific substantiation of the right to human dignity in Ukraine and Germany, its normative protection in both countries, is investigated. The approaches to defining and interpreting the right to human dignity in the practice of the Constitutional Court of Ukraine and the Federal Constitutional Court of Germany are compared.

The relationship between the right to human dignity and other human rights is determined, as well as the sphere of protection of this right. In particular, there are parallels between the right to life and the right to human dignity, and their relationship is determined. It is substantiated that the human life and dignity of each person enjoy the same constitutional protection regardless of the duration of the individual's physical existence.

It is established that among Ukrainian scholars there is no unified view of the right to dignity as a fundamental natural right. The right to human dignity in Ukraine is enshrined in the norms of constitutional, civil and criminal law. For the most part, the protection of the right to human dignity is correlated with the right to the protection of honour and goodwill. The right to human dignity and honour are not clearly distinguished. The legisla- tion of Ukraine does not contain a legal norm defining the concept of the right to human dignity. The case-law of the Constitutional Court of Ukraine in this area is not sufficiently developed and does not constitute a proper legal framework.

In Germany, the right to human dignity is a decisive and fundamental human right that is fundamental to all other rights. Human dignity is the supreme fundamental value and the root of all fundamental rights. The right to human dignity enshrined in Article 1 of the Constitution of the Fed- eral Republic of Germany defines it as an absolute value, which means that it cannot be restricted by any other norm, even by another fundamental right that follows from human dignity.

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 scientific article «organizational and legitimating rights and responsibilities of the Ukrainian people» is devoted to the study of general understanding of the categories «organization», «legitimation», as well as consideration of such types of organizational and legitimating rights and responsibilities of the Ukrainian people, or its part as: the right to participate in public affairs; the right to participate in national and local elections; the right to hold meetings, rallies, marches and demonstrations; the right to freedom of association in political parties and public associations; the right to send individual or collective written appeals or to personally address state authorities, local self-government bodies and officials of these bodies; the right of the working part to strike to protect their economic and social interests. In addition, the purpose of this research, according to its results, is to identify certain generalizations, definitions, conclusions, proposals and recommendations, aimed at: improving the organizational and legitimating rights and responsibilities of the Ukrainian people; for further elaboration of theoretical and practical problems concerning the rights and responsibilities of the Ukrainian people; for quality preparation, amendments and additions to regulations, namely the preparation of draft laws of Ukraine «On the status of the Ukrainian people», «On the all-Ukrainian referendum», «On local referendums» and many others; for teaching disciplines: «Constitutional law of Ukraine», «Constitutional law of foreign countries», as well as when writing textbooks, manuals, lecture courses, teaching materials

The article examines the system of standards for the right to freedom of movement and the right to free choice of residence that exist in the European Union. A wide range of general and special legal methods and techniques of scientific knowledge are used, in particular: comparative law, systemstructural and formal- dogmatic research methods, as well as the methods of scientific knowledge (analysis and synthesis, induction and deduction, classification, etc). As a result of the study, the author substantiates the scientific position that the existing system of standards for the right to freedom of movement and the right to free choice of residence in Ukraine only partially meets the standards of these rights that exist in EU member states. The difference between these standards exists on the level of specifics of legal regulation for the implementation of these human rights by family members of citizens of EU member states, as well as the goals pursued by the implementation of relevant standards. Bringing Ukrainian standards of these human rights in line with European counterparts involves rule-making activities of public administration. The source of such rule-making should be Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (2004). The effectiveness of bringing Ukrainian standards for the right to freedom of movement and the right to free choice of residence in line with EU standard will be increased significantly if the public administration has standards for legal regulation of relations between it and individuals in the process of exercising these rights by the latter. In our opinion, the Allgemeine Verwaltungsvorschrift zum Freizügigkeitsgesetz / EU (AVV zum FreizügG / EU) (General Administrative Code of the Law on Freedom of Movement of Citizens) can be considered as such a standard, as it is created in strict accordance with the EU Directive and other EU legal acts

The article is devoted to topical issues of securing the rights of the passenger under the legislation of Ukraine. A comparative analysis of the transport legislation of Ukraine with that of the EU has led to the conclusion that not all passenger rights, which they rely on in the present civilizational context, are now legally enshrined. The extent of their provision is currently minimal. Oddly enough, the right to safety did not find its normative regulation either in the acts of transport and civil legislation, or in the Constitution of Ukraine. In the author's view, it must be at the forefront of such fundamental natural human rights as are relevant to human life and health. It should be the main criterion for the proper performance of the contract of carriage of passengers by the carrier. The author insists that the legislation of Ukraine should enshrine the rights of the passenger, which constitute not only the content of the design of the obligation to carry the passenger, but also personal non-property rights, the exercise of which is correlated with the manner of performance of the contract of carriage of the passenger, depending on the technical features of the operation of different modes of transport. as is the case under EU law. These include the right to security, to non-discrimination, to mobility, to accessibility, to assistance, to guarantees of protection, to compensation in case of violation, to the availability of protection, to the right to be heard, to the proper application of national law. These rights should receive regulatory support that formalizes a harmonious combination of legal, organizational, ideological, economic and social components. The legal regulation of certain legal guarantees, in particular the peculiarities of exercising the right of defense and the use of instruments of civil liability of the carrier for improper performance of contractual obligations and / or violation of the rights of passengers (penalties - compensation) can be applied differently by types of ...

One of the most pressing issues in the world today is the protection of children's rights. A major event in this area was the adoption of the 1989 UN Convention on the Rights of the Child. At the time of the development and adoption of the Convention, Ukraine and Azerbaijan were part of the USSR. However, the Ukrainian SSR, unlike the Azerbaijani SSR, was the primary founding member of the United Nations and therefore participated in the development and adoption of the UN Convention on the Rights of the Child, like Turkey, whose observers also participated in this process. This article examines the participation of Ukraine, Azerbaijan and Turkey in the development and adoption of the 1989 UN Convention on the Rights of the Child. However, the adoption and ratification of the Convention is only the first step in the realization of children's rights at the national level. The national special laws of Ukraine, Azerbaijan and Turkey in the field of protection of children's rights are also studied. This article concludes on the different direction of the special laws of these countries. Moreover, there are some differences in the content of the laws, namely some of them includes not only rights, but also the duties of the child. The state of protection of children's rights in Ukraine, Azerbaijan and Turkey is a priority and urgent issue in the state policy of these countries and needs to be improved. The conclusions provide recommendations for improving the legislation of these countries

The purpose of the study is to find ways of overcoming the etatistician legal tradition of regulating human rights in Ukraine in relation to the rights of the nation and the people. The contradictions between the articles of the Constitution of Ukraine on a person and his rights with his articles on restriction of human rights are revealed; between articles about the Ukrainian people and articles about the nation and national interests. The causal relationship between the positivist understanding of law as established and regulated by the state and the practice of legal regulation of human rights, the nation and the people as subjective objects, and not the natural subjects of civil society and the state - theirs, is investigated. servant. Alternative legal regulation based on the dialectic of the individual (person), special (nation), general (people) with the defining role of the people in the law, which includes not only legislation, but also norms of morality, customs, traditions, treaties, is argued. The ideological extremes of legal regulation are criticized: the hypertrophy of anthropocentrism and the sovereignty of the people. The key importance of the elimination of poverty of the people and the creation of a majority of middle-class middle-class majority for the achievement of the main goal of legal regulation of human rights, nation and people – to ensure their freedom is substantiated. As a result of the study, conclusions are drawn: on the advisability of adopting an official legal doctrine in Ukraine on the basis of modern European law of understanding as a source of law; on scientific development of subjects of non-state legal regulation; on amendments to the Constitution of Ukraine regarding the relation between the concepts of nations and peoples and the possibility of limiting a person not in rights, but in their implementation; on the criteria for the equitable legal regulation of mutual human rights, the nation and the people: its fullest endorsement by the majority of these entities as equal in their rights on the basis of the widest consensus between them throughout Ukraine and its individual regions and a steady tendency to increase the middle class in composition people.Key words: legal regulation, etatism, anthropocentrism, human rights, people, nations. ; Мета дослідження – пошук шляхів подолання етатистської правової традиції правового регулювання прав людини у їх співвідношенні з правами націй та народу. Аргументується альтернатива, основана на діалектиці одиничного (людина), особливого (нація), загального (народ) з визначальною роллю народу щодо права, яке включає до свого змісту не тільки законодавство, але й норми моралі, звичаїв, традицій, договорів. Обґрунтовується ключове значення ліквідації бідності людей і створення в складі народу більшості середнього класу для досягнення головної мети правового регулювання прав людини, націй і народу – забезпечення їх свободи.Ключові слова: правове регулювання, етатизм, антропоцентризм, права людини, нації, народу.

The article is devoted to the study of the doctrine of formalized and non-formalized basic human rights in Ukraine and Germany. To achieve this research goal, the following research objectives have been identified: 1) to outline a subsystem of formalized fundamental human rights and freedoms in accordance with the German fundamental doctrine of fundamental human rights; 2) identify the subsystem of unformalized basic human rights and freedoms in accordance with the German fundamental doctrine of fundamental human rights, to name the problems of its functioning; 3) to analyze the national doctrine of formalized and non-formalized human rights and freedoms, to make proposals on the development of the theory and practice of affirmation and maintenance of human rights and freedoms in Ukraine. As a result of the study, the following conclusions are made: a) It is found that one of the dimensions of the existence of the human rights and freedoms system in Germany is its division into: formalized (written) and unformalized (unwritten) human rights. However, both types of human rights have equal constitutional status; b) It is stated that the formation of the human rights system, both formalized and unformalized, is not monopolized by the state. Legal science is actively involved in the formation of this system. Scientists' conclusions and suggestions, both on the list and on the content of individual human rights, are applied at the same level as the legislation in the exercise of a specific human right or freedom in Germany; c) it is determined that the list of unformalized (unwritten) human rights in Germany is open, as new informal human rights can emerge as a result of the activities of both the judiciary and the state; d) it is stated that in Ukraine only formalized human rights that have a normatively defined mechanism of their realization are able to be asserted and secured by the Ukrainian state. Informal rights can exist only in the form of scientific theories and concepts, but do not have a real dimension of ...

It is shown that the origins of the modern concept of human rights as the leading political and legal doctrine are in the horizon of the formation of philosophical knowledge. The ideas of the thinkers of antiquity, the Middle Ages and the New Age regarding freedom, equality, justice and human dignity, which constitute the basic principles and values of the concept of human rights, are considered. The genesis of human rights occurs in the context of the development of natural-legal thinking and the search for a balance between indi- vidual happiness and public good. It is proved that modern ideas about human rights are based on philosophical concepts, the quintessence of which was the proclamation of the autonomy and freedom of the individual.

The article analyzes the role of different international organizations and the European Court of Human Rights (ECHR) in the field of international protection of children's rights. The main idea of the article is to determine modern methods and mechanisms of protection and realization of children's rights in international law. Much attention is given to the fact that there are a lot of different international documents that regulate this issue. The author analyzed such documents are Convention on the Rights of the Child, the Declaration of the Rights of the Child and expressed her opinion on their effectiveness. It is described in short the protection of children's rights at the regional level. The article outlines the opinions and views of various scholars who had been working in the field of child rights protection. The article admonishes that everybody has the right to apply to the European Court of Human Rights in case of violation and non-recognition of rights. The article states that numerous ECHR decisions exist on issues related to the protection of the rights of the child based on the provisions of international law. The article defines some problematic aspects of the protection of children's rights. Some attention is drawn to the collisions of the legal regulation of this issue and cases of violation of the rights of the child. Theoretical concepts and practical experience regarding the international protection of the rights of the child in international law are explored in the article. The author mentions that the national legislation of some countries in the sphere of children's rights is not perfect enough. Therefore international standards have to serve as a basis on which it would be possible to construct and develop a domestic law system that will respect children's rights. It is stressed that in the modern world exists a tendency for recognition of almost all rights and interests of the child. It is reported that new mechanisms for the protection of children's rights are developing because ...

LEGAL GUARANTEES OF PROTECTION OF THE RIGHTS OF MAN AND CITIZEN IN THE DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTSО.S. YaraThe article is devoted to certain aspects of legal guarantees of protection of the rights of man and citizen in accordance with the requirements of the Convention for the protection of human rights and fundamental freedoms, other legal acts and practice of the European court.Key words: legal guarantees, protection of the rights of man and citizen, legal acts, the European court. The state, enshrined in the Constitution, the attained level of personal freedom has taken responsibility for ensuring and guaranteeing the rights and freedoms, and is responsible to the individual for its activity. Entry into the European political, economic and legal space defined in the strategic priority of Ukraine's foreign policy. The achievement of this objective should contribute to the implementation of our state of the Copenhagen and Madrid criteria, according to which the European Parliament recognized the right of every European country that recognizes the provisions of article 6 paragraph 1 of the Agreement on the establishment of the European Union to join the European Union after they meet several criteria, one of which is the stability of institutions guaranteeing democracy, the rule of law, respect for human rights and protection of minority rights. The level of democracy in society is determined by the place of the court in system of bodies of state power and its role in the protection of the rights and freedoms of man and citizen, it is the court that is intended to ensure the effectiveness of the restoration of violated rights and freedoms of the individual, and the presence of an independent judiciary is a necessary condition for the existence of the democratic legal state.Consequently, in the modern legal science is actively shaping the direction of research, whose main aim is development of scientific bases of adaptation as the doctrinal provisions and the normative array of domestic legal science associated with the protection of the rights and freedoms of man and citizen. This process was joined by scientists of various branches of law (administrative, constitutional, criminal, civil).However, the problem of legal protection of human rights, the mechanism for its implementation in legal science is relevant in connection with a number of contentious issues that arise in the process of applying by the courts of legal rules concerning the protection of the rights and lawful interests of a person.The objective of the article is the analysis of the Convention for the protection of human rights and fundamental freedoms, other legal acts and practice of the European court to expand the application of their provisions in the protection of human rights.However, seen the need to expand the application of the provisions of the Convention as a guarantee on the part of our state in providing basic principles of protection of the rights and freedoms of man and citizen in accordance with European practice.Conclusions. Thus, taking into account the above considerations, we can conclude that the right to the protection of individual rights guaranteed by the Constitution, laws of Ukraine and international legal acts ratified by the Verkhovna Rada of Ukraine. The Convention enshrines the highest values of humanity – fundamental rights and fundamental freedoms of man , interpreted by the court, which constitute the core of the supranational and national law. The Convention's rules are norms of direct action, and because the practice of the European court of justice is created and operates under its regulations and protocols, based on the interpretation of its norms and used in connection with them. The presence of the rule of law establishes a mechanism of realization of the human right to defense in court and provides the possibility of individuals to the European court.Our country needs to expand the application of the provisions of the Convention as a guarantee of the state in ensuring fundamental principles for the protection of the rights and freedoms of man and citizen in accordance with European practice.

The article deals with the legal regulation for removal from the right to inheritance and law enforcement of the norm of Art. 1224 of the Civil Code of Ukraine. The study aims at developing the theoretical foundations of the application of this legal norm on the basis of analysis of legislation and case law. Such methods and approaches as systematic analysis and competent legal interpretation have been applied. The Civil Code of Ukraine regulates cases and removal of grounds for the right to inheritance. Article 1224 of the Civil Code of Ukraine is applied to heirs at law; it distinguishes cases and grounds for exclusion from the right to inheritance by various criteria. However, what is typical for the countries of the continental group, the law needs to be clarified, first of all at the level of law enforcement practice. The highest jurisdiction of Ukraine – the Supreme Court of Ukraine and the Supreme Court, made appropriate clarifications and interpretations of relevant legal norms at the general theoretical level (decision of the Plenum of the Supreme Court of Ukraine) and at the level of unification of general practice through expressing a legal position in specific cases. Such interpretation should be considered clearly and sufficiently for further processing. However, judicial interpretation is not competent to correct legislative inaccuracies. And the case law itself is characterized by a tautology and inconsistency, when the departure from the previously adopted legal position is disguised under the difference of legal and factual grounds of the claim. The results of such miscalculations include variability of methods of judicial protection for the heirs of the first turn (paragraph 2, part 3 of Article 1224 and part 5 of Article 1224 of the Civil Code of Ukraine) and procedural difficulties in proving claims – proving the testator's helplessness, address need assistance from the defendant, etc. In addition to legal uncertainty, which results in the poor functioning of institutions of exclusion from the right to inherit, this state of affairs creates grounds for abuse of rights. The authors propose measures to solve the problem, which can be divided into several groups. The first concerns amendments to Paragraph 2, Part 3 of Art. 1224 and Part 5 of Art. 1224 of the Civil Code of Ukraine: in terms of the subject composition, in particular, the permission of the heirs of other than the first turn, the order of inheritance, to sue on the basis of Paragraph 2 of part 3 of Article 1224 of the Civil Code of Ukraine. The second is aimed at intensifying the institution provided by Paragraph 2 of Part 3 of Article 1224 of the Civil Code of Ukraine, inter alia, due to the uniformity and consistency of judicial practice. The introduction of the principle of participation in inheritance by bona fide heirs as a reward for their care of the testator, and the relatively easy removal of the right to inherit those who did not show such care, will also contribute to the revival of law enforcement. Finally, the third group of measures is related to the promotion of inheritance through wills, which will limit the number of disputes in inheritance cases (mainly cases of invalidation of the will) and put an end to the issue of exclusion from the right to inherit.

Today, as in legal doctrine and in legislation formed two approaches to the interpretation of the right to information. Within a narrow approach, the right to information is treated only as a right to (access) to information that is as a relative right. Broad same approach suggests referring to the right to information of all kinds of subjective rights aimed at information or action with her. By subjective right to information in a broad sense are two groups of subjective rights: 1) a group of absolute rights to information, examples include the right to information that is privacy, and 2) group relative rights to information, which include right to information, right to information dissemination and other relative rights.Analysis of regulations and legal literature to determine the basic elements of the right to information: the right to create information, the right to gather information, the right to disseminate information, the right to store information, the right to information, the right to information, the right to use; the right to protection and security of information. This, in combination, to form the concept of the right to information as defined in the Civil Code of Ukraine.Many moral rights defined in the Constitution of Ukraine and Central Ukraine right (right to a name, the right to develop their personality, etc.) or indirectly (right svobobodu and personal integrity, etc.) associated with the right to information (or their implementation directly by using the information.) All these rights, and to this many more not listed in this article, rights, creating a large system of information rights. ; В даній статті було проаналізовано наукові та законодавчі визначення поняття «право на інформацію» та його складові елементи. Крім того, були зазначені та досліджені деякі особисті немайнові права, в яких присутня інформаційна складова. З аналізу доктринальних позицій щодо виділення інформаційного елемента в особистих майнових правах були підведені підсумки дослідження відносно співвідношення права на інформацію та інформаційних прав в даній сфері.

Problem setting. Although modern humanity has proclaimed the universality of human dignity and desperately upholds this value, which is fully in harmony with freedom, equality andfraternity, the truth is that in reality it has not yet been able to go beyond the status of a citizen of the nation state in its legal and political conventions. . In this sense, a very important issue is the representation of the real situation around the categories of «universal citizenship», «human rights» and «globalization» in the midst of the geopolitical conflict in Latin America caused by the persecution of 21st century socialism. Paper objective. This critical essay aims to discuss the real significance of such political and legal categories as «universal citizenship», «human rights» and «globalization» in the midst of the geopolitical conflict that led to the persecution of 21st century socialism in Latin America. Methodology. The methodologicalfield of the research uses documentary observation and dialectical hermeneutics, which help to compare and reconcile categories with different semantic contexts to reconstruct their true meaning. The technique of writing this research was the methodological procedure of the hermeneutic circle, which is a sequential analysis of numerous written documentary sources, combined in a kind of dialogic context with hidden messages that can be read between the lines, as well as interpretive theories and critical thinking. Paper main body. There is much in common between the contemporary political and philosophical programs of the Western cultural space, ofwhich Latin Americans are a part, and the ideas of universal citizenship, globalization, and human rights in a spirit of deep militant universalism that function fully today not only as abstract theories at the disposal of peoples and nations who continue to work to improve their living conditions and strengthen their freedom to exist and act in a better world. As for the tradition of human rights as a modern expression of natural law, it ...