Rights of citizens of Ukraine in the EU

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It is dedicated, a person, his life and health, honor and dignity, inviolability and security are recognized as the highest social value in Ukraine. Due to Russia’s military invasion of Ukraine, millions of Ukrainian citizens were forced to flee the war to neighboring EU member states. These EU member states, in accordance with the norms of their national legislation, guarantee basic rights and freedoms to the citizens of Ukraine. Also, these states are members of the integration association, the norms of primary law of which also guarantee basic rights and freedoms to citizens of Ukraine. The article focuses attention on the catalog of rights of Ukrainian citizens in the EU and on the mechanisms of their protection. It is emphasized that the catalog of human rights contained in the primary law of the EU is not identical to the catalog of human rights enshrined in the national legislation of the EU member states. It is noted that citizens of Ukraine who are in the EU have rights guaranteed to them by EU legislation, which establishes minimum standards, and by the national law of the EU member state in which the citizen of Ukraine resides. The minimum standards of human rights established by the norms of EU primary law must be ensured to every citizen of Ukraine residing in any EU member state. Higher standards of human rights, which are guaranteed by the norms of national legislation, differ in each EU member state. The article highlights the peculiarities of the implementation of the rights of citizens of Ukraine, whose legal regime of stay in the EU is temporary protection. It is emphasized that until March 4, 2022, such a regime did not exist for citizens of Ukraine. Features of the implementation of the following rights of citizens of Ukraine who enjoy temporary protection are highlighted: residence permit; access to work; access to education: children under the age of 18 have the right to study in educational institutions under the same conditions as citizens of the host country; provision of housing; access to social security; access to medical care; access to information about temporary protection; the possibility of obtaining refugee status; the possibility to return to the state of citizenship at any time. It is emphasized that each EU member state independently establishes requirements for the cancellation of the temporary protection status for EU citizens.

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  • Bulletin of Alfred Nobel University Series "Law"
  • Mykhailo O Baimuratov + 2 more

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  • 10.32453/2.vi4.300
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  • Вісник Національної академії Державної прикордонної служби України. Серія: юридичні науки
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Problem setting. The current state of affairs in society requires increased attention to the protection of human and citizen rights and freedoms. Martial law, as a legal regime, causes significant changes in the functioning of state institutions and society in general, endangering the basic rights and freedoms of citizens. Under such circumstances, it is especially important to develop and implement innovative approaches to ensuring the protection of human rights, which would take into account the specifics of the state of war and, at the same time, act as guarantors of compliance with the basic principles of the rule of law. This requires not only the reform of the legislation, but also the introduction of new technologies and methods that will allow more effective protection of citizens’ rights even in difficult conditions. Innovative approaches should be based on an increased level of awareness and training of both state bodies and civil society regarding mechanisms for the protection of rights in wartime. Analysis of recent researches and publications. Important aspects of the issue of innovative approaches to the protection of human and civil rights and freedoms have been studied by R. Shai, S. Husarov, O. Gilyaka, V. Kovalenko. However, despite the considerable experience in this area, the issue of introducing innovations to protect human rights and freedoms has not been fully explored. Purpose of the research is a comprehensive study of the features of innovative approaches to the protection of human and citizen rights and freedoms under martial law. This involves an analysis of the latest technologies, legal mechanisms and organizational solutions that can be effectively used to protect civil rights in emergency situations. In addition, the article examines the challenges and prospects of implementing these innovative approaches in the context of Ukrainian realities, in particular, taking into account socio-economic and legal aspects. Article’s main body. The research materials are: 1) normative and legal support for the protection of human and citizen rights and freedoms under martial law, including international conventions, domestic laws and by-laws; 2) works of domestic and foreign authors who conduct scientific and practical research in the field of human rights, innovative technologies and methods of protecting rights in armed conflicts. In the research process, the following scientific methods were used: theoretical generalization and grouping – to characterize the components of the system of protection of human and citizen rights and freedoms in the conditions of martial law and functions related to ensuring security; the method of formalization, analysis and synthesis – for the study of the domestic and the needs for the protection of rights in the conditions of martial law; comparative analysis – to develop different strategies and approaches to the protection of human and citizen rights in the conditions of martial law. The generalization of the results was used to formulate conclusions and develop recommendations for improving the system of protection of rights and freedoms in similar conditions. Conclusions and prospects for the development. The protection of human rights under martial law is a complex and multifaceted task that requires an integrated approach, including legal, administrative and socio-economic processes. The war caused and continues to cause a lot of grief, destroying everything in its path, the most valuable of which is human life and health. The main goal currently remains the issue of effective protection of a person and a citizen from external dangers lurking in modern Ukrainian society. This study aims to analyze approaches to the protection of human rights under martial law, determine their effectiveness and outline ways of improvement. Special attention is paid to the study of international experience and the possibility of its adaptation to modern Ukrainian conditions. As a result, it is planned to develop recommendations for the implementation of innovative approaches that will contribute to strengthening the legal protection of citizens in the conditions of martial law, increasing the level of their security and well-being.

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  • 10.1080/13621025.2017.1380649
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  • Citizenship Studies
  • Ayelet Banai + 1 more

In this article, we examine elements of contemporary securitization discourse about immigration and citizenship in Germany, looking both at the German-domestic and European contexts. We seek to identify mechanisms of exclusion from citizenship rights and from human rights that securitization discourses serve to establish. The current disaster faced by refugees and forced-migrants in the aftermath of the Arab Spring is a dreadful illustration of persistent ambivalences: The Federal Republic, in the post-Nazi era and the European Union from its very inception, proclaim allegiance to human and citizens’ rights, which serve, in ones and the same time to promulgate the promise of inclusion and equality, and as instruments of securitization and exclusion. This ambivalent role of citizenship rights and human rights is illustrated in the article by the following cases: Germany’s reform of citizenship law and subsequent rules of social exclusion pertaining primarily to Muslim citizens; the ‘normalization’ of Roma minorities in Germany and other EU member-states. We conclude that the persistence of this ambivalence is remarkable and it ought to be reckoned with, if the emancipatory potential – impaired as it may be – of citizenship and human rights is to be safeguarded.

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Udicial bodies as subjects of the protection of the rights of citizens of Ukraine to a safe environment for life and health in Ukraine: administrative and legal aspect
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  • Visegrad Journal on Human Rights
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The article analyzes the human right to an environment safe for life and health, the administrative and legal status of judicial bodies as subjects of protection of the right of citizens to an environment safe for life and health, modern tools of the activity of judicial bodies as subjects of rights protection citizens in this area.
 The aim of the work is to investigate the current state and directions for improving the effectiveness of judicial bodies as subjects of administrative and legal protection of the right of citizens to an environment safe for life and health.
 The methodological basis of the study includes general scientific and special research methods, in particular the method of system analysis, structural-functional, formal-legal and others.
 The article emphasizes that the complex and extensive system of judicial bodies directs its activities to protect the environmental rights of Ukrainian citizens from illegal legal acts, decisions, actions (inaction) of state bodies, local self-government bodies, other bodies, officials, and civil servants; to protect the environmental rights of Ukrainian citizens from encroachments in the form of administrative offenses, from encroachment on the environmental rights of citizens, etc.
 The article examines typical problems of ensuring citizens’ access to justice on issues of environmental protection.
 Results. It is recognized that in modern conditions, it is necessary to improve the administrative and legal status of judicial bodies as subjects of protection of the right of citizens to an environment safe for life and health in Ukraine, and to strengthen judicial control in the environmental sphere.
 Conclusions. It is appropriate to state that the development of administrative and legal protection of the right of citizens to an environment safe for life and health is connected with the implementation of standards of good governance recognized in Europe, including legality and transparency of the decision-making process, open access to information, perfect administration, effective financial and budget management, control, supervision, responsibility. It is important in modern conditions to improve both material and procedural administrative legislation, review administrative procedures, and institutional changes, which in general should be aimed at transforming judicial bodies into important subjects of the implementation of the human rights function regarding the right of citizens to safe life and health environment, whose functioning is based on the ideas of people-centeredness and the priority of protecting the rights and interests of the individual.

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  • Modern Applied Science
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Development of human rights and citizenship rights is based on publication of its concepts among the people in global society. This publication of concepts and introduction of the people from different nations to human rights are done through education. Media with their role in transfer of information and knowledge have educational function. Media with their educational function ensured education right as one of the human rights while informing the public thoughts with their own rights and increasing their demands through human rights and citizenship rights education. Human rights and citizenship rights education activate the people of society in normalization of the related rules and this media education which is directly and indirectly related to obligation of states to right of education binds the states to respond to increased demands of human rights and citizenship rights and take action regarding development of the human and citizenship rights in national and international level. Human rights and citizenship rights have exclusive capability which leads to increased awareness of states with human and citizenship rights and increased demands of states and international society considering high number of media addresses and diversity of their content in presentation of materials about human and citizenship rights in education for all society levels and increased demand leads states and international society to develop norms of the human and citizenship rights through legislation, codification and enactment of the conventions on human rights and this process leads to development of human and citizenship rights at local and global levels.

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  • Jan 1, 2023
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  • Liliia Rіabovol

It is substantiated that at the current stage of the formation of Ukraine as an independent, democratic, legal, social state, the issue of guaranteeing the rights and freedoms of a person and a citizen has become particularly relevant. In the context of European integration, relevant experience in guaranteeing human rights accumulated in developed, primarily European, states is important for Ukraine. The purpose of the article is to summarize scientific positions on the definition of the concept of «guarantees of human and citizen rights and freedoms» and to systematize the types of guarantees by classification. It has been established that an effective system of domestic guarantees of the rights and freedoms of a person and a citizen is enshrined in Ukraine and in foreign countries at the legislative, primarily constitutional, level. It covers the following types of guarantees: general and special; legal, economic, political and organizational; material, procedural and organizational-legal (institutional) (it was found that the ombudsman institute plays a special role among them); judicial and extrajudicial. A special place among these guarantees is that the order, grounds and limits of the restriction of human rights and freedoms are established. It is proved that the classification of guarantees based on domestic constitutional and legal science is consistent with the classification developed in European law. It has been established that special attention in national and European law is focused on judicial protection as a human right and at the same time a guarantee of other human rights. It was established that domestic guarantees are complemented by international legal guarantees of human rights and freedoms. Among them, it is possible to single out international acts that directly enshrine human rights, as well as international bodies, organizations and institutions designed to ensure and contribute to the protection of these rights. It has been confirmed that the content of human rights guarantees provided for by Ukrainian legislation is based on international and European human rights standards. The definition of guarantees of human rights in democratic states is formulated as a whole set of legal and institutional means of domestic and international legal nature, judicial and extrajudicial, actually constitutional guarantees.

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  • Feb 13, 2019
  • Бизнес. Образование. Право

Актуальность темы обусловлена тем вниманием, которое в настоящее время руководством страны обращается на реализацию основополагающих конституционных прав граждан России, связанных с охраной здоровья. Реализация этих прав требует не только финансового, материально-технического, кадрового обеспечения, но и научного обоснования. Статья посвящена исследованию реализации конституционного права граждан на охрану здоровья. С целью разработки социально значимых юридических механизмов приводится сравнительный анализ реализации данного конституционного права в России и зарубежных странах. Анализируется конституционно-правовое регулирование права граждан на охрану здоровья на примере таких иностранных государств, как Франция, Германия. Сравнительный анализ системы здравоохранения отражает отношение пациентов к оказанию медицинских услуг. В связи с этим приводятся сведения, полученные интервью- ированием с помощью ресурсов Интернета, осуществляемым статистической компанией Ipsos и агентством «Рейтер». Данное интервьюирование проводилось в нескольких странах с государственной программой здравоохранения. Автор анализирует, как осуществляется управление системой здравоохранения, финансирование здравоохранения в зарубежных странах. В статье анализируется национальное законодательство и соответствие его стан- дартам прав и свобод человека, закрепленных в международных правовых документах, международных договорах и признанных во всем мире. Кроме того, в статье выявляются проблемы и предлагаются пути совершенствования конституционно-правового регулирования в этой сфере. Автор делает вывод, что правовая система государства обязана обеспечивать соблюдение норм, регулирующих вопросы реализации конституционных прав человека. Конституционно-правовое регламентирование конституционного права граждан на охрану здоровья и медицинскую помощь есть особый общественный и правовой механизм The relevance of the topic is due to the attention currently paid by the country’s leadership to the implementation of the fundamental constitutional rights of Russian citizens related to health protection. The realization of these rights requires not only financial, logistical, personnel support, but also scientific justification. The article is devoted to the study of the implementation of the constitutional right of citizens to health protection. In order to develop socially important legal mechanisms, a comparative analysis is given in the implementation of this constitutional right in Russia and foreign countries. Constitutional and legal regulation of the right of citizens to health care is analyzed on the example of such foreign states as France and Germany. A comparative analysis of the health care system reflects the attitude of patients to the provision of medical services. In this regard, information from interviews using Internet resources, carried out by the statistical company Ipsos and Reuters, is provided. This interview was carried out in several countries with a public health program. The author analyzes how the health care system is managed, how health care is financed in foreign countries. The article analyzes the national legislation and its compliance with the standards of human rights and freedoms enshrined in international legal documents, international treaties and recognized throughout the world. In addition, the article examines the identification of the problem and suggests ways to improve the constitutional and legal regulation in this area. The author concludes that the legal system of the state is obliged to ensure compliance with the rules governing the implementation of constitutional human rights. The constitutional legal regulation of the constitutional right of citizens to health protection and medical care is a special social and legal mechanism

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  • Cite Count Icon 1
  • 10.37750/2616-6798.2023.4(47).291536
Human rights and corruption as manifestation of their violation
  • Nov 28, 2023
  • INFORMATION AND LAW
  • I Korzh

This article examines the state of implementation and compliance with generally recognized legal principles and norms of international law in the field of fundamental human rights © Корж І.Ф., 2023 and freedoms in Ukraine. It is noted that human rights should be understood as the defining principles of a person’s legal status, which belong to them from birth, are natural and inalienable, without which a person cannot exist as a full-fledged social being, and therefore they are a necessary element of citizens, society and the rule of law. The concept of human rights is based on two basic values – human dignity and equality. Human rights are defined and formalized primarily by international law, which includes a number of basic international legal acts, such as: Universal Declaration of Human Rights; European Convention on the Protection of Human Rights and Fundamental Freedoms and its protocols; Charter of Fundamental Rights of the European Union. Ukraine, which noted its further development in the direction of integration into the EU, formalized the rights of its citizens in the Constitution adopted in 1996, which enshrines a whole series of both traditional and new guarantees of human and citizen rights and freedoms, which allow each citizen to choose the type of his behavior, to use economic and socio-political freedoms and social benefits both in personal and public interests. It is emphasized that the establishment of human rights in Ukraine as the highest social value is complicated by a number of factors, which is mainly determined by the low legal culture of both the general public and civil servants and is confirmed by the fact that for many years Ukraine occupied one of the first places among the member states of the Council of Europe by the number of cases of violation of citizens’ rights that were pending in the European Court. This indicates the existing problems in the state regarding legal education, legal awareness, legal culture, etc. of citizens who are primarily in public authorities, and which manifests itself in the manifestation of corruption, as legal nihilism of citizens. This becomes particularly cynical during the period of fighting against Russian aggression, as evidenced by numerous reports in the mass media. Such manifestations of corruption scandals in the Ministry of Defense of Ukraine, in civil-military administrations, in local self-government bodies, in other state bodies of the country testify to the presence of a deep political and legal crisis in the state administration bodies of the country, as a result of the lack of program documents on the implementation of state personnel policy, inactivity legal mechanisms to fight corruption. Even the Law of Ukraine “On De-Oligarchization” was subjected to devastating criticism not only from the Ukrainian public, but also from the “Western” community. Confirmation of the relevance and importance of the need to solve the problem of corruption in Ukraine is evidenced by the fact that our ally the USA put forward clear conditions for further support of Ukraine in its fight against aggression and aspiration to join the European Union. The future success of Ukraine depends on accelerating the pace of reforms that remain unimplemented and the immediate implementation of identified priority transformations in Ukraine.

  • Book Chapter
  • Cite Count Icon 3
  • 10.4337/9781849802048.00020
Human rights' limitations in patent law
  • Jul 30, 2010
  • Geertrui Van Overwalle

Human rights' limitations in patent law

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  • Research Article
  • Cite Count Icon 2
  • 10.30659/jdh.v1i4.4145
Awareness on Constitutional Rights of Citizens and Form of Protection of Constitutional Rights of Citizens in Indonesia
  • Dec 23, 2018
  • Jurnal Daulat Hukum
  • Tafta Aji Prihandono + 2 more

In the Constitution of the Republic of Indonesia of 1945 Article 1 (3) explicitly states that Indonesia is a State of Law. One element that is owned by the state law is the fulfillment of basic human rights as expressed by Friedrich Julius Stahl. Efforts to achieve a constitution that can follow the progress and will meet the basic human rights, the constitution must have a dynamic aspect and were able to capture the phenomenon of historical change, so as to make it as a constitution that is always alive. Only problem is the performance of the Government as the executor of the constitution (executive, legislative and judicial) still do not provide justice and satisfaction for those seeking justice, therefore the necessary awareness of constitutional rights of citizens in Indonesia. Efforts to protect the constitutional rights of Indonesian citizens can be done through the court and non-court lines, and can also via maximize the role of the Constitutional Court to extend its authority. The expansion of the authority of the Constitutional Court may be to accommodate Constitutional Complaint and Constitutional Question.Keywords: Awareness; Constitutional Rights; Form of Protection.

  • Research Article
  • Cite Count Icon 2
  • 10.30659/jdh.1.4.1003
Awareness on Constitutional Rights of Citizens and Form of Protection of Constitutional Rights of Citizens in Indonesia
  • Dec 23, 2018
  • Jurnal Daulat Hukum
  • Tafta Aji Prihandono + 2 more

In the Constitution of the Republic of Indonesia of 1945 Article 1 (3) explicitly states that Indonesia is a State of Law. One element that is owned by the state law is the fulfillment of basic human rights as expressed by Friedrich Julius Stahl. Efforts to achieve a constitution that can follow the progress and will meet the basic human rights, the constitution must have a dynamic aspect and were able to capture the phenomenon of historical change, so as to make it as a constitution that is always alive. Only problem is the performance of the Government as the executor of the constitution (executive, legislative and judicial) still do not provide justice and satisfaction for those seeking justice, therefore the necessary awareness of constitutional rights of citizens in Indonesia. Efforts to protect the constitutional rights of Indonesian citizens can be done through the court and non-court lines, and can also via maximize the role of the Constitutional Court to extend its authority. The expansion of the authority of the Constitutional Court may be to accommodate Constitutional Complaint and Constitutional Question.

  • Research Article
  • Cite Count Icon 1
  • 10.33766/2786-9156.104.24-34
MECHANISM FOR THE PROTECTION OF HUMAN AND CITIZEN RIGHTS: FUNCTIONING PROBLEMS
  • Jan 1, 2023
  • Bulletin of Luhansk Scientific-Educational Institute named after E.O. Didenko
  • S Melnychuk

The article is devoted to the mechanism of protection of human and citizen rights. In the course of the study, it was established that the essence of the mechanism for the protec-tion of human and citizen rights is the mechanism of legal regulation and the mechanism for the realization of rights in this area. Its content is the interaction of these institutions. It has been found that the basis of the mechanism for the protection of human and citizen rights are normative acts that mediate the system of state and municipal authorities by determining their legal status, granting them appropriate competence, and outlining the procedural and procedural order for their implementation in order to achieve the goal of protecting human and citizen rights, as well as the possibility of citizens taking certain ac-tions to protect their rights. It has been established that the system of institutions designed to protect human and citizen rights is fixed in the constitutional provisions. However, this fact is not a safeguard against improper treatment by state law enforcement agencies, as evidenced by numerous decisions of the European Court of Human Rights. The protection of human and citizen rights under martial law and during war is ana-lyzed. The compliance of the first with the standards of world practice has been clarified. Problems related to specific protection during war were identified, in particular, the inef-fectiveness of international mechanisms for the protection of human rights in wartime, the discrediting of international political and legal norms and principles in this area. It is proposed to improve the national mechanism for the protection of human and citizen rights by means of legal monitoring of normative legal acts, which fix both the mech-anism of legal regulation of this area and the mechanism of its implementation, and there-fore the legal reform of national institutions called to protect human and citizen rights; strengthen the responsibility of authorized subjects for actions that go against the authority to protect human rights.

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