ADİL YARGILANMA HAKKI KAPSAMINDA SANIĞIN DURUŞMADA HAZIR BULUNMA HAKKI VE SEGBİS SİSTEMİ

The article examines the problem of protection of human rights in national and international law, which is the most important feature of civil society. Taking into account the importance of the area under study, as well as the importance of a clear settlement of relations regarding the observance of human rights in all spheres of life, the question of the relationship between the norms of national and international legislation in this area is acute. The purpose of the study is to determine the priorities between national and international legislation, as well as to establish the compliance of domestic norms designed to protect human rights with international legal standards. It has been established that the Constitution consolidates the priority of international instruments over national legislation that clearly defines the relationship and interaction of internationally recognized standards and principles with the relevant provisions of the current legislation of Ukraine in the sphere of protection of human rights and fundamental freedoms. This ensures that the participating countries comply with both their home-constitutions and international legal acts. Moreover, the level of global security depends on the level of correlation between the policies of individual states and the provisions of international legal norms. But the standards and principles of international law and international agreements of Ukraine may not be above the constitutional and are a part of the national system of law, which is based on the Constitution of Ukraine. In addition, international standards should not be perceived as immutable, since it may lead to a partial loss of the national identity of the legal system. Therefore, the perception of these international standards should take into account the traditions and specifics of the national legal system. The Constitution of Ukraine shall be a guarantor of preserving national identity in the process of implementation or reception of international standards. It is determined that international legal standards are the determining factor that determines the level of correlation of national legislation with the relevant international legal norms. International legal standards have been defined as the determining factor that reveals the correlation level of national legislation with relevant international legal norms.

The purpose of the article is to analyze the international and national legislation in the field of crime prevention by the probation authorities, and to determine the directions of improvement of the national legislation governing the institute in Ukraine. In order to achieve this goal, the following tasks have been accomplished in the article: Different approaches to understanding the concept of «probation» are considered; investigated national and international legislation in the field of prevention of criminal offenses by probation authorities in Ukraine; probation issues of probation prevention were investigated; on the basis of the conducted research, proposals and recommendations on improvement of measures for prevention of criminal offenses by the probation authorities in Ukraine by amendments to the national legislation were provided. Methodology. In the course of the research, the dialectical method of scientific knowledge of social and legal phenomena in their contradictions, development and changes was used, which makes it possible to objectively evaluate the level, effectiveness and analysis of international and national legislation in the field of prevention of criminal offenses by probation authorities, as well as gaps in the system, Formal-logical method, by which the elements of the legal mechanism of preventing criminal offenses by probation authorities are revealed. The comparative legal method is used in the analysis of current legislation and international regulations; formal logic (analysis and synthesis, hypothesis) – in determining the main directions of scientific work and the main problematic issues. The theoretical basis of this publication was the work of domestic and foreign scientists on the aspects of prevention of criminal offenses by probation authorities. The scientific novelty of the publication is the need to conduct a thorough analysis of the applicable international and national legislation in the field of prevention of criminal offenses by probation authorities, as well as to send proposals and recommendations, to revise individual domestic rules in this field and bring them into conformity with the rules of international conventions. Conclusions. Based on the results of the study, conclusions were drawn about the need to address staffing issues, including the involvement of qualified psychologists in working with prisoners, and with minors, teachers. Ensure proper implementation of the rules that provide social assistance to prisoners: providing housing and work, amending the Law of Ukraine «On Probation» and the Law of Ukraine «On the social adaptation of persons serving or serving sentences in the form of restraint of liberty or imprisonment for a limited period». Keywords. probation; penitentiary system; international experience; crime prevention; restorative justice; expedited adaptation; psycho-corrective program; social adaptation; probation services; volunteer.

In the course of a trial, both the speed of justice and its slowness present virtues and vices that are sometimes difficult to reconcile. From a doctrinal point of view, the temporality of the trial has been explored by various scholars, yet it remains a source of controversy. A fundamental conflict exists between modern proponents of celerity, who advocate for expedited proceedings, and traditionalists, who emphasize the quality of the trial and strict adherence to the rights of the defense. Given these divergent perspectives on trial temporality, between a rapid investigation and one conducted slowly and cautiously, the guarantee of reasonable time is the right solution for reconciling the two extremes of the temporality of the process: speed and slowness. To be in accordance with the concept of reasonable time, celerity must not be so fascinating as to disrupt the balance of power within the trial, undermine procedural formalism, or compromise the rights of the defense. It must be pursued with restraint, in concreto, ensuring that the time saved does not translate into a loss of quality. Although the Burundian Constitution enshrines the principle of the right to be tried within a reasonable time, the notion of reasonable time, as well as its assessment criteria, is not detailed in any legislative or regulatory text, nor is it enshrined in national case law. This gap sometimes leads to unreasonable delays in legal proceedings. In Burundian positive law, the tension between ensuring procedural quality, rooted in the right of defense, and the need for trial expediency, a common issue in well-established rule-of-law countries, is even more pronounced. There are divergent interpretations of the right to a fair trial within a reasonable time among judicial authorities. Some prioritize speed, minimizing delays in the proceedings, while others emphasize thoroughness and quality, ensuring strict adherence to the right of defense and the principle of adversarial proceedings, as enshrined in Article 39 of the Constitution. The development of the article emphasizes on clarifying the problem which affect the temporality of the trial and that of reconciling the speed and the quality of justice in Burundi. The results of this research are derived from doctrine, the jurisprudence of the Human Rights Committee, case law of the European Court of Human Rights and the African Court of Human and Peoples' Rights, as well as Burundian case law. Through the analysis of doctrine, national and international case law, law and judgments, the study aims to evaluate how Burundian positive law reconciles the requirements of speed and those of length of procedures. The discussion of the results is based on a qualitative doctrinal research method. The documentary methodology analyzes legal texts, books, judgments, and rulings with the force of res judicata, along with national and international case law. This article seeks to examine the challenges and issues associated with the right to be tried within a reasonable time in Burundi. Its objectives is to analyze whether the guarantees proclaimed by the Constitution, the African Charter, and other international instruments ratified by Burundi, specifically those related to reasonable trial time, are effectively being implemented. It proposes how the international jurisprudence and its criteria that promote reasonable time can be endorsed in Burundian jurisprudence in order to provide a remedy for unreasonable delays in judicial proceedings. Given the advances made by the case law of the Human Rights Committee, the European Court, and the African Court regarding reasonable time, it is more essential than ever for Burundian positive law to foster a "culture of reasonable time" by reconciling, combining procedural guarantees and valorizing the criteria for good management of trial temporality. The implementation of reasonable time limits for judicial procedures can help to balance the course of the trial in Burundi. It may contribute to avoiding downtime of the trial, periods of inactivity, as well as unnecessary delays. It may also help the Burundian judicial and state authorities maintain control over the investigation process, remain clear-sighted, and serve as the ultimate guardian of both fairness and celerity.

The purpose of the article consists in the analysis of the norms of national and international legislation for the elimination of the discrepancies in the legal understanding of the definitions in the field of alternative energy, that is definition and scientific and theoretical substantiation of the notions «alternative sources of energy», «non-conventional sources of energy» and «renewable sources of energy», which will serve for the elimination of terminological discrepancies in national legislation, and will become a basis for uniform practical use of the latter in the field of alternative energy. Urgency of the research is conditioned by the reorientation of world energy sector in the direction of the substitution of conventional fuel sources for those alternative. Since global warming and increasing of the level of anthropogenic emissions as a result of human activity is one of the biggest ecological problems of the universe, international community, together with ecologists and climatologists of all the world are involved in the development and implementation of highly efficient international strategies, which are directed at the decrease of harmful impact of anthropogenic emissions on surrounding natural environment and human health. In order to prevent the climate change and to mitigate global warming the scientists of the entire world proposed a wide range of variants for the mitigation of climate changes of Earth. Among which the key place belongs to alternative and renewable energy sources, which have been identified as the main strategically successful directions of reducing anthropogenic emissions into the natural environment. Today, we can see a trend towards a reorientation of the global energy sector to more environmentally friendly, alternative and renewable energy sources and a departure from traditional fossil energy resources. At the same time, unambiguous interpretation and understanding of the conceptual and terminological apparatus is an important condition for the development and practical use of knowledge. Therefore, it is important to delineate the clear boundaries of the technologies included in the concepts of alternative and renewable sources of energy, as there are differences in the use of these concepts, both in national legislation and between national and international legislation. The article analyzes and systematizes the knowledge as to the categorial instrument in the field of alternative energy and proposes the definition of renewable and alternative energy sources in accordance with the rules of construction of conceptual and terminological apparatus taking into account international experience in this field. The proposed wording of these concepts serves to eliminate terminological inaccuracies in national legislation, and will address the gaps between national and international legislation in the field of application of the categorial instrument in the field of alternative energy.

Interconnections between International and National Criminal Law Relevant to Energy Security

The article focuses on international shipping governed by regulatory sources of a dual nature. This circumstance is due to the fact that international shipping is regulated both by international legal sources, for example, conventions, international treaties and customs, and by domestic legislation and judicial practice of the countries participating in international transportation. The research findings have indicated that, unfortunately, in practice there are often cases when the norms of national or international law have loopholes. Thus, a number of provisions of the International Shipping Rules do not coincide with the Russian Charter of Water Transport. In addition, the concept of “bill of lading” is often used in international law and is absent in Russian legislation. Therefore, the author proposes to eliminate the existing loopholes causing either high costs or litigation by finalizing national and international legislation. In this regard, the author considers specific examples and makes appropriate proposals aimed to close the identified loopholes in international and national legislation in order to minimize the costs and losses of the parties to the international transport agreement, and to reduce the number of controversies. Such urgent problems as the problem of piracy and the problem of pollution of the seas and oceans by ships also arise in freight forwarding business. The author proposes to toughen measures of responsibility for maritime piracy and for pollution of the seas and oceans by ships at the legislative level.

Human Rights are the rights that are inherent to every human being irrespective place of residence, nationality, sex, ethnic or national origin, religion, colour, language and other status. We are equally entitled to our human rights without discrimination. These rights are so interrelated, indivisible and Interdependent. Human Rights are moral principles that States out the various standards of human behaviours and are constantly safeguarded as lawful rights in International and National legislation. They are “majorly comprehended” as inalienable essential rights to which an Individual is inherently entitled majorly as a result of his or her being a human being”. The Principle of Human Rights has been majorly influential without international legislations, regional and global Institutions. In India, these basic rights have been catered to the citizens. The word “human rights” is not of current origin. Different fundamental idea that animated the human rights association and movement evolved in the aftermath of the Second World War (WW II) and the holocaust atrocities culminating the adoption of the Universal Declaration of Human Rights in Paris by the United Nations (UNs) General Assembly in 1948. The Ancient Globe did not possess the principle of Universal Human Rights. Therefore; the expression was primarily used in the significant human rights challenges despite making so much dedication to handle some of the most prevalent abuses. The Nation has a thriving Civil Society, an Independent Judiciary and a Free Media. But Long Standing Corruption, abusive practices and the absence of accountability for offenders promotes human rights violations. The rights and responsibilities of the Citizens are the Pillar of Democracy. In the absence of Rights, the Citizens cannot fully develop their potential. Laski has duly remarked that the rights are those conditions of life without which no man can develop his self appropriately. That is the utmost reason why democratic Nations make the necessary Provisions for the enjoyment of various essential rights by Citizens. But the scope of the Human Rights is much broader than the fundamental rights. In this Research Paper, we are going to look at the different vulnerable groups in India that needs their human rights because these rights are not present to them being extremely susceptible parts of the society.

In the article, the author highlights the issue of implementing the decisions of the European Court of Human Rights into the national legal system. It is outlined that the issue of approximation of national legislation, including court decisions, was outlined back in 1991, when Ukraine received the status of an independent state and took the European integration path of the country’s legal development. Since 1998, Ukraine has ratified a number of European conventions, among which it is worth noting: the European Convention for the Protection of Human Rights and Fundamental Freedoms, the European Convention on Human Rights. As an impetus for the approximation of European Union law and the implementation of the decisions of the European Court of Human Rights, the Verkhovna Rada of Ukraine in 2006 adopted the Law of Ukraine «On the Execution of Decisions and Application of the Practice of the European Court of Human Rights». And, although the Romano-Germanic legal system does not provide for case law, at the same time elements of case law are traced in Ukrainian legislation. The author emphasizes in the article that the European Court of Human Rights calls its own practice precedent. In turn, judicial precedent is that the European Court, when resolving a particular case, tends to generally follow the approaches that it used earlier. At the same time, legal practice has shown significant difficulties not only with the correct understanding, but also with the application of both international documents and decisions of the European Court of Human Rights. The application of thе European Court of Human Rights practice should contribute to the formation of unity of judicial practice in the protection of human rights, freedoms and interests. The author also gives his own commentary on the theses put forward by legal scholars on the issue of implementing the decisions of the European Court of Human Rights into Ukrainian legislation and the procedures for approximating European legislation to national legislation. In his study, the author reveals the issue of stagnation in the national legal system not only in resolving individual cases by analogy, but also in fully applying case law. The author also believes that a reasonable consensus is needed between the Constitutional Court of Ukraine and other bodies in the state.

In this paper, the analysis and assessment of the effectiveness of the legal regulation of personal data circulation at the level of international law enforcement was carried out. The issues of the development and introduction of new mechanisms that can adequately regulate relations in the sphere of the circulation of confidential personal data are considered. This is primarily due to the fact that the human right to privacy, including respect for his personal data, is one of the fundamental principles that guarantee democratic, humane and fair interaction between the state, society and a specific individual. Ukrainian national legislation and judicial practice are still at the development stage, therefore, in the context of the implementation of the aspirations for European integration, the work addresses the very topical issue of careful study of European and world standards for protecting personal information about a person and adapting them to our legal system. The necessary measures have been studied for the further development of systemic legislation on the protection of personal data, which is a determining factor in civil society development, proper regulation in this area, both in terms of material and legal support, and in terms of developing stable and expected law enforcement practices.Analyzed the legal positions contained in international treaties, such as the Universal Declaration of Human Rights of 1948, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, and numerous national laws, where the protection of personal data is understood as an integral part of the human right to privacy. . The principles of activity in this area of the European Court of Human Rights are evaluated. The basic principles of dispute resolution, such as legality, timeliness of processing, proportionality of intervention, are studied. Concrete examples of decisions of the ECHR, including in cases against Ukraine, are given. It has been taken into account that this organization is entitled not only with regard to the issuance of a verdict in a particular case, but also through the adoption of a case-law that is obligatory for use on the territory of all Member States, it can exercise so-called judicial justice. This is done by interpreting, clarifying and specifying the content of the general provisions of the convention norms to the situations of a particular case.The case law of the ECtHR on the positive regulation of the private life of a person is noted by defining and establishing boundaries that, from the point of view of the moral foundations of society, are permissible and will not be regarded as undue interference by the legislator. The relevant criteria are assessed, formed on the basis of a judicial investigation of various interests in specific situations by the Court. The legal approaches of the European Court of Human Rights to regulating relations in the field of processing so-called “sensitive” personal data have been especially carefully studied. In particular, attention is paid to the principles of confidentiality, which is required when processing information about human health.The shortcomings of the national justice are indicated, which should be corrected in the light of the European Court's case law. It is concluded that the European judicial practice is an important benchmark to ensure proper protection of personal data in our country. This is very important because the Ukrainian legal system, in contrast to European national and international legislation (which began to pay attention to the special regulation of relations for the protection of personal data from the 80s of the last century) is only at the beginning of such a process. Therefore, it requires improving the quality of Ukrainian law and law enforcement in terms of their focus in the democratic direction of ensuring the right to respect for private life.

PurposeThe purpose of this paper is to highlight that the lack of a specific right to a medical translator under International Law can be considered an outlier when viewed within the context of the copious legislation regarding translation in general. Given the lack of specific legislation guaranteeing the right to a medical translator under International Law, the paper further aims to highlight the resulting effects on medical providers and patients.Design/methodology/approachThe paper opted for a detailed historical legal analysis regarding the history of translation under International Law in general, as well as specific international, intranational, and regional legislation regarding the right to a translator in medical settings. The data were complemented by a thorough review of documentary analysis of existing scholarship, detailing the experiences of medical providers and patients.FindingsThe paper provides insights as to how international legislators have traditionally viewed medical translation: whether as a matter of international relations, access to care, discrimination, or as a fundamental part of the Right to Health. The paper finds that differing views on the subject have result in nations, regions, and medical providers having great discretion in deciding which patients are provided with a translator. The paper finds that such decisions are often made on a basis other than that of patient health.Research limitations/implicationsBecause the provisioning of translators in medical settings currently inevitably falls to a nation or single institution, research into which patients receive a translator and why lacks generalizability (because empirical data are not available for every region of the world). Researchers in future are encouraged to further develop the empirical evidence found in their regions with a more quantitative approach, documenting the non-provisioning of translators in their areas and categorizing the motives behind the decisions of medical providers in a given area.Practical implicationsThe paper includes implications for patients who have suffered adverse events after miscommunication (or lack of communication) with their medical providers. The paper aims to investigate in what venue may they seek legal remedy, and on what grounds. The paper also has implications for national and regional governments. Given the lack of binding International Law regarding medical translation, national and regional governments attempt to guarantee the provisioning of translators to some patients and not others. Such decisions may become political and have unintended consequences for medical providers and patients alike.Social implicationsThe paper includes implications for international legislators and national legislators. The paper also includes implications for medical providers and patients, as language barriers are becoming a more common feature in medical facilities around the world due to globalization and migration. The rate of patients suffering adverse events after not being provided with a competent medical interpreter is bound to rise.Originality/valueThis paper fulfills a need to examine medical translation in the context of other types of translation under International Law. This paper fulfills a need to study how the lack of specific International Legislation guaranteeing the right to medical translation has implications for national/regional legislators, medical providers, and patients alike. This paper fulfills a need to discuss the legal remedies available to patients who have suffered adverse medical events after not being able to communicate with their medical provider.

The conditions for applying compulsory medical measures are an important topic that requires careful study and understanding, especially in the context of human rights and medical ethics. Decisionmaking on the application of such measures should be based on specific circumstances and strike a balance between the needs of the individual and the interests of public health. The practice of applying compulsory medical measures is determined by the legislation of each country and international standards. As a rule, they are allowed only in cases of an urgent threat to the life or health of a person or other persons, when an individual cannot make an informed and conscious decision about treatment due to mental illness or other circumstances. At the same time, the use of compulsory medical measures should be limited in time and as effective as possible to achieve the goal of ensuring the safety and well-being of the individual. In addition, it should be accompanied by appropriate human rights guarantees, such as the right to information, consultation and legal protection. This article analyzes the conditions under which coercive medical measures may be applied. In particular, it examines the ethical, legal and practical aspects of this issue, taking into account the rights and interests of patients, as well as the possible consequences for their health and well-being. The article includes a review of relevant international and national legislation, case law and recommendations of professional medical organizations on the use of compulsory medical measures. The author also examines modern approaches to this issue and possible ways to resolve it within the framework of ethical and legal norms. The author of the article provides substantiated recommendations for improving the legislation and practice of applying compulsory medical measures in order to ensure maximum protection of rights and decent treatment of patients in medical institutions.

Guidelines, law, and governance: disconnects in the global control of airline-associated infectious diseases

Purpose: the article reveals the issue of development of information support for the conservation of wetlands. The international and national legislation on the development of information support for the conservation of wetlands is analyzed. Methods of research: the list of normative legal acts and international agreements in this field is determined. The methodological basis of the research comprise general scientific methods of scientific knowledge, such as integrated and interdisciplinary. Results: the main directions of the further development of information support for the conservation of wetlands are determined. It is concluded that the formation and further implementation of the development of information provision for the conservation of wetlands is a complex and urgent task. Discussion: problems of national and international legislation and implementation of norms of foreign legislation to the norms of domestic legislation in the field of development of information provision for the conservation of wetlands. It is concluded that the formation and further implementation of the development of information provision for the conservation of wetlands is a complex and urgent task. The legal status of wetlands in Ukraine today is not sufficiently researched. The regulation of relations regarding the protection, use, ownership of wetlands is regulated according to the category of territory they are located. For many centuries, the socio-negative environmental assessment of wetlands has been formed, which has led to the massive destruction of mires. Swamps were considered evil, ruined places where life can not exist. This led to massive mosquito destruction. Later, a number of studies were conducted to study marshes in terms of their biodiversity. On February 2, 1971, in Ramsar (Iran), the Ramsar Convention or the Convention on Wetlands of International Importance, mainly as a Waterfowl Habitat, which is an international agreement. The purpose of the Convention was to preserve the existing wetlands, mainly as habitats for rare species of animals. Ukraine is a Contracting Party to the Convention. If we look at the root causes of the destruction of unique cells - then, it should be noted the leveling of the role of wetlands for the environment and human life because of the lack of environmental information, environmental education. Unfortunately, this situation persists today, especially in the countries of the former Soviet Union.

Chapter 15 - Regulations and legislations on processed cheese

The article is devoted to a comprehensive analysis of customs rules for citizens in the context of international and national legislation. The relevance of the study is due to the need for theoretical and methodological substantiation of customs rules for citizens from the point of view of ensuring economic, social and national security, simplifying customs procedures, adapting to global integration processes and modern digital challenges. The research methodology includes an analysis of regulatory legal acts, a comparative analysis of the two-channel border crossing system, as well as a generalization of proposals for improving customs rules. The article substantiates the reasons for the introduction of customs formalities for citizens, which contribute to ensuring the legal movement of goods, protecting the domestic market, replenishing the state budget and protecting the health of the population. The content and components of customs rules are systematized in accordance with national and international legislation. The author's definition of the concept of “customs rules for citizens” as a legally established procedure for crossing the customs border by individuals, which determines the list of goods permitted or prohibited for movement, the features of their declaration, as well as the conditions for applying privileges or restrictions to ensure national security, economic stability and the protection of public interests, is argued. The essence and objectives of the two-channel system of border crossing by citizens, which combines the simplicity of customs procedures with the transparency of their implementation, are characterized. A comparative characteristic of the “green channel” and “red channel” systems is carried out, their characteristic features are determined. The transformational aspects of customs rules in the context of digitalization, integration processes and support for economic development are determined. The directions for improving customs rules proposed in the study, such as digitalization, adaptability and optimization of customs procedures, should contribute to simplifying border crossing processes, increasing the efficiency of customs control and integrating the state's customs system into the global economic space