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protection of human rights
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2020
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2022 ◽  
Author(s):  
Galina Komkova ◽  
Mariya Lipchanskaya ◽  
Svetlana Kulikova ◽  
Elena Abaeva ◽  
Dar'ya Kondraschenko ◽  
...  

The textbook contains texts of lectures dealing with problematic issues of ensuring protection, the competence of authorities in the field of ensuring and protecting human rights, as well as the specifics of protecting the rights of certain categories of citizens in various spheres of their life. For students, undergraduates, postgraduates, teachers interested in the formation and development of the Russian human rights system.


Author(s):  
Alla A. Grynchak ◽  
Yuliia S. Tavolzhanska ◽  
Serhii V. Grynchak ◽  
Viktor S. Smorodynskyi ◽  
Kateryna V. Latysh

2022 ◽  
pp. 159-184
Author(s):  
Chaminda Chiran Jayasundara

This chapter explores what Human Rights Literacy (HRL) involves and how it establishes and develops improved rights of the citizens supportive to social justice in the society. People with different cultural backgrounds have the fundamental right to be literate members of society. However, due to various cultural influences, this right is somewhat restricted to certain individuals. For example, girls' education has become controversial in some lands. There are still instances in some cultures where people of all walks of life, such as LGBTI, Blacks, Indigenous people, migrants, etc., are helpless in the face of their rights. Thus, legal literacy and its unique component of human rights literacy are essential to ensure the protection of human rights. A theoretical framework is eventually drawn up by summarising the findings of the study.


Author(s):  
A. A. Satybaldin ◽  
М. М. Халитова

This article examines the importance of anti-corruption institutions, their main activities and an analysis of the strengths and weaknesses of anti-corruption institutions in Kazakhstan. Within the confines of the study, an analysis was carried out by types of anti-corruption institutions and marking of their strengths and weaknesses. The work also highlights the importance of the role of the introduction of the latest digital technologies in the selection of personnel for government agencies and systems of objective and transparent incentives. Noted the indisputable value of the role of anti-corruption institutions in the financial sphere of public procurement, the effectiveness of state finances, as well as in the formation of legislative consciousness of society. The purpose of this study is to analyze the weaknesses and strengths of Kazakhstan's anti-corruption institutions, which would allow them to form a typology based on various criteria. The methodology of the research is based on the discussion and identification of the main issues arising in this area. SWOT analysis of the activities of anti-corruption institutions in Kazakhstan allows us to identify the structure and cause-and-effect problems of anti-corruption activities in Kazakhstan. Considered the methods and mechanisms of systematic and comprehensive fight against corruption, which is one of the priorities of the current government of Kazakhstan, as well as forms of implementation of anti-corruption work through public organizations, tracking the dynamics of the fight against corruption. Also considered the work on the protection of human rights through a democratic society and spiritual, moral and patriotic education among students and youth of our country.


2021 ◽  
Vol 59 (3) ◽  
pp. 95-122
Author(s):  
Faruk H. Avdić ◽  

The so-called Salduz doctrine that concerns the right to a fair trial and the right to the defense attorney emerged from the case of Salduz v. Turkey, decided on the part of the European Court of Human Rights where the Grand Chamber found the violation of Article 6, paragraph 3(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms. In this connection, the aim of this paper is twofold. In the first place, the paper aims to demonstrate how the European Court of Human Rights has overturned the two main tenents of the so-called Salduz doctrine derived from its landmark case of Salduz v. Turkey in its later Judgments delivered in the case of Ibrahim and Others v. the United Kingdom and the case of Beuze v. Belgium. The two tenets derived from the Salduz doctrine being examined in the paper are the right to access to the defense attorney as a rule during pre-trial proceedings and the absolute exclusionary rule. In the second place, the paper aims to offer a critique of the standard of compelling reasons employed in the Ibrahim Judgment. In order to achieve its aim, this paper primarily analyses the jurisprudence of the European Human Court of Human Rights in the cases of Salduz v. Turkey, Ibrahim and Others v. the United Kingdom, and Beuze v. Belgium. Besides, the paper also touches upon other judgments of the European Court of Human Rights related to its subject. The paper in question, therefore, primarily relies on the case-law method in achieving its aims. The paper concludes that in overturning the Salduz doctrine in relation to aspects examined in the paper, the European Court of Human Rights has exacerbated the legal standing of the person against whom criminal proceedings are being conducted.


Author(s):  
Kravtsov Serhij ◽  
Vlasenko Serhii ◽  
Rozhnov Oleh ◽  
Iryna Malinovska

Tremendous efforts of legislators are directed towards the development of an ideal judicial system and procedure of administering justice. However, current trends of judiciary reformation are easier to comprehend and accept if we turn to the origins of legal protection of human rights which, undoubtedly, go back to the Roman law. Methodology: From this point we use comparing methods for analizing the legislative provisions; the structural method and historical method was used for the background of Legal procedure in roman law. Results and conclusions: In this article we will outline the main stages of formation of legal protection of human rights in Roman law and characterize types of these processes – namely legis actiones, formulary procedure and cognitio. By analyzing the original sources that have survived to our times, namely the Law of Twelve Tables, Gaius`s Institutions and Justinian`s Digestes, we will examine what peculiarities of consideration and resolution of cases each of these stages demonstrated; how the traditional views on the behavior of the parties and the court in the process were established; which main requirements were applied to justice in civil matters in Roman law. The course of the work the following methods were used: essential, comparative, general historical.


Author(s):  
Olga T. Tur ◽  
Marta B. Kravchyk ◽  
Iryna Yu. Nastasiak ◽  
Myroslava M. Sirant ◽  
Nataliya V. Stetsyuk

National and international courts are increasingly turning to generally recognised international legal principles to regulate private law relations. This is necessitated, in particular, by the fact that the issues and disputes that modern participants in private law relations address to the courts are becoming more widespread. Thus, the practice of international justice and justice in Ukraine demonstrates that such international principles as the principle of justice, equality, non-discrimination, evolutionary interpretation, proportionality, legal certainty, and the rule of law are increasingly used in dispute resolution. This study investigated the application of international principles in private law relations. Based on the general legal research methods, the nature of international legal principles was analysed, the study considered their application in the above-mentioned Ukrainian court cases to the European Court of Human Rights, as well as the Constitutional and Anti-Corruption Courts of Ukraine. The study investigated the judicial practice of the European Court of Human Rights, whose decisions raise the issue of violation of rights and fundamental freedoms stipulated in the Convention for the Protection of Human Rights and Fundamental Freedoms and non-compliance with basic international legal principles, as well as highlighted the main trends of these disputes. Based on the results of the analysis, the study identified an insufficient level of the content specification regarding the principle of the rule of law and its features in the current legislation of Ukraine, which must be properly observed by both state authorities and citizens of Ukraine. Based on the conducted research, the authors formulated their scientific positions and conclusions aimed at improving the system of principles of private law relations


2021 ◽  
Vol 10 (2) ◽  
pp. 161-176
Author(s):  
Vitalii Oleksandrovych Serohin ◽  
Svitlana Hryhorivna Serohina ◽  
Liliya Mykolayivna Gryshko ◽  
Kateryna Petrivna Danicheva

Everything about human right is inalienable void of violation from the human race. It is therefore that responsibility of the international community in ensuring the effective preservation and respect of these rights without any threat of violations. In ensuring its recognition and implementation, international standards have been established where there is the need of States parties to these international human right treaties in ensuring its incorporation in its various domestic legislations. The content and specific features of the introduction of international human rights standards into national legislation have been analyzed in the article. The methodological basis of research is a set of general scientific and special methods, in particular, dialectical, historical-legal, epistemological, comparative-legal. International standards for the protection of human rights have been defined as principles and norms enshrined in international regulatory legal acts that define fundamental human rights and freedoms, the obligation of the State to respect them, to assist in their realization, preservation and protection against unlawful encroachments, and to establish liability for their violations and methods of protection. It has been clarified that the procedure of implementation of international human rights standards into national legislation includes the following stages: (i) recognition of human rights by the State and their enshrinement in national legislation; (ii) institutionalization of the standard of human rights protection; (iii) bringing the current legislation in line with the international human rights standard and interpreting the latter; (iv) establishment of measures and means of protection and defense of human rights; (v) determining the procedure for the realization of the enshrined right; (vi) control over the observance of the international human rights standard.


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