Suchergebnisse

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 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.

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 ...

The article is devoted to the study of the theory of institutional and organizational guarantees of fundamental human rights in Ukraine and Germany. The article analyses the scientific studies of Ukrainian and German scientists, which reflect the doctrine of institutional and organizational guarantees of fundamental rights. The legislation of Ukraine and Germany was also investigated from the point of view of the normative regulation of the named guarantees of fundamental rights. The analysis of the Ukrainian doctrine on the guarantee of human rights and freedoms makes it possible to determine its following features: 1) institutional and organizational guarantees of human rights are defined by the constituent elements of the system of human rights guarantees; 2) they belong to the special (legal or legal) guarantees of human rights; 3) the guarantees of human rights directly depend on their official affirmation in the legislation of Ukraine, because it is they that they find their objective reflection; 4) the guarantors of human rights and freedoms are authorized to determine the basic rights and freedoms of man and citizen, to establish mechanisms for their implementation and protection; 5) human rights guarantors are mainly public authorities that have a normatively defined function to guarantee and secure one or more human rights. The study of the German and Austrian doctrine of basic human rights allows us to determine the following characteristics: 1) basic human rights give rise to guarantees for the individual as their carrier. This is one of their central functions; 2) fundamental rights are directed against the state. These are restrictions for: a) the legislation of the Federal Republic of Germany; b) executive power; c) jurisdiction; 3) the state is not the creator of fundamental rights, it only recognizes the fact of their existence. The realization of fundamental rights does not depend on the level of their consolidation in the legislation; 4) the system of guaranteeing fundamental rights includes: ...

Due to the rapid development of social relations and the desire of the state to regulate social relations in the legal field, there are some gaps in the application of different rules of law. The article «The principle of the right to a fair trial: the elements of the hearing and the case law of the European Court of Human Rights in Ukraine» discusses the principle of the right to the fair trial, which covers a rather broad list of standards, namely: the right to a public hearing, a fair hearing the term, equality of parties and the right to a reasoned court decision, the right to access to justice, the competitive nature of the court proceedings, the validity of the court proceedings, the rule of the law. The European Court of Human Rights has repeatedly argued for a particularly important place in the democratic society for the right to the fair trial. Statistics are analyzed and reported that numerous complaints to the European Court of Human Rights are related to a violation of Article six of the Convention for the Protection of Human Rights and Fundamental Freedoms. This is also due to the fact that complaints of violations of other articles of the Convention for the Protection of Human Rights and Fundamental Freedoms often arise because justice did not meet the requirements of justice. In the case-law of the European Court of Human Rights, cases against Ukraine have been considered, alleging breach of the principle of fairness. It is concluded that the right to the fair trial is one of the key ones, since without proper protection of this right all other rights of the person remain unprotected. Analyzing the case law of the European Court of Human Rights on Ukraine, we can conclude that the causes of human rights violations most often lie in the imperfect legislation of our country or in its practical application by state bodies and judicial authorities. In order to improve the decision-making process by national courts, it is necessary to reform the legislation and to implement it in practice, which will ...

The article addresses one of the most pressing issues in criminal proceedings - ensuring that such rules as the right to defense and legal assistance for defendants and convicted persons are put into practice. The subject of the study is the legal norms, their implementation and the provision related to the granting of the right to defense and legal assistance to accused and convicted persons. Analysis of Articles 59, 63 and 129 of the Constitution of Ukraine, Articles 20 and 45 of the Criminal Procedure Code, analysis of court cases concerning violation of the rights mentioned above. The purpose of the scientific problem is to find ways to solve the problem of data rights violations and to outline proposals for their solution. The subject of this scientific article is poorly researched, due to the fact that criminal procedural law is constantly changing. All the literature studied and used has, for the most part, concerned the rights exercised in respect of defendants and suspects. Few such rights have been explored during the punishment phase. Therefore, the doctrinal interpretation of the concepts covered in this article is relevant. Constitutional norms, criminal and criminal procedural legislation in the sphere of protection of rights and legitimate interests of the accused and convicted are analyzed. It is concluded that the investigated normative legal acts have gaps, in particular the Law of Ukraine "On Free Legal Aid" has an exhaustive list of persons entitled to free legal aid, and the convicted and acquitted are not included in this list. It is proposed to establish a supervisory institute to supervise the implementation in practice of defense and legal assistance for defendants and convicts at the pre-trial stage, during the trial of the merits and at the stage of execution of sentences. As well as outlining the institute of responsibility for those persons who are charged with the duty of securing such rights.

The article discusses the right to access information in case of alternative dispute resolution. The legal analysis of the peculiarities of the functioning of the mediation institute in foreign countries is carried out. The ways of legislative improvement of the mechanism of citizens' access to mediation are suggested ; У статті розглянуто проблеми щодо права на доступ до інформації при альтернативних методах вирішення спорів. Здійснено теоретико-правовий аналіз особливостей функціонування інституту медіації в зарубіжних країнах. Запропоновано шляхи законодавчого вдосконалення механізму доступу громадян до медіації