Constitutional Rights Research Articles

Protection Mechanism of Constitutional Property Rights: Content in Kazakhstani Criminal Proceedings

The article deals with questions concerning the protection mechanism of constitutional property rights in the criminal law of the Republic of Kazakhstan. Analysis is provided on the ways to increase the effectiveness of this mechanism. The ways to realise the victim’s rights on compensation for violated property rights as a result of unlawful acts is also reviewed.

The right to know from the opt-out effectiveness system perspective in organ transplantation cases.

Aim: This article examines the legal challenges associated with opt-out and opt-in systems in transplantation cases. It focuses on the low public knowledge and awareness of the national transplantation system, assessing its compliance with international prerequisites for an opt-out system. The analysis centres on the "right to know" perspective and the effectiveness of opt-out in organ transplantation. . Materials and Methods: The research methodology includes scientific principles, public surveys, relevant regulations from the Republic of Latvia and EU, and grey literature on the health system and organ donation in the EU. Scientific articles from databases such as Scopus and WOS were selected based on criteria such as language (English and Latvian) and focus on living wills and comparisons of organ donation systems. Previous EU and national studies, reports, and court judgments were used to analyse data on opt-in and opt-out transplantation systems and policy efficiency in organ transplantation. Conclusions: Individuals' right to autonomy over their bodies extends even after death, encompassing the right to integrity. Organ donation, being a deeply personal choice reflecting one's values and beliefs, plays a crucial role in saving lives through transplantation. To enhance cooperation and donation rates, international regulations stress the significance of public awareness regarding organ and tissue transplantation. Unfortunately, inadequate compliance by authorities and low awareness pose ethical and legal dilemmas, potentially violating constitutional rights. Reports highlight limited public understanding of transplantation systems, raising concerns, particularly in opt-out systems. National governments bear the responsibility of safeguarding these rights and addressing challenges beyond legal means, thus establishing a more ethical organ donation system that upholds voluntariness, generosity, and individual autonomy.

Некоторые проблемы защиты конституционных прав и свобод субъектов предпринимательской деятельности в Республике Казахстан

The issue of protecting the constitutional rights and freedoms of entrepreneurs in Kazakhstan have great importance. This statement is due to the special importance of the development of entrepreneurship in Kazakhstan both for the country and for the economy as a whole. The purpose of this study is to consider the problems that violate the constitutional rights and freedoms of entrepreneurs in Kazakhstan. Also, the main ideas in the disclosure of this goal are to determine the state of protection of the rights and freedoms of business entities, to study ways and mechanisms of their protection, to consider international support for entrepreneurs through the prism of special organizations and forums in this area. The scientific significance of the research topic under consideration lies in the new ideas proposed in the conclusions of the study, and the practical significance is presented in the form of a proposal for the adoption of a new law that improves the situation with the protection of the rights, freedoms and legitimate interests of entrepreneurs in the future, based on the principle of freedom of access to information and openness of state control and supervision in the field of entrepreneurship. The authors investigated a number of scientific and regulatory legal material, on the basis of which conclusions were drawn about the need for a more thorough approach to the mechanisms of business protection. The issues of protecting the rights of entrepreneurs which was studied in article, their methods, types and mechanisms, the authors are convinced that these issues require a comprehensive settlement. In this regard, the authors present a number of proposals for improving these mechanisms in the legal practice of our country.

Sacred Liberty The Bright In Constitution Of The Democratic Republic Of Timor-Leste (2024)

Introduction: Sacred liberty consists of autonomy to profess their faith, liberty of integrity and adoration period, and is considered a fundamental correct of people, which is positive in the important rule of state law. Spiritual autonomy is a fundamental human right preserved in the United Nations of Human Rights in the application of the world (1948; and is optimistic in Timor-Leste important law cited by (Corte Real AG & Tilman CB., 2024). Research Objectives: The inspect the legal assumptions of existing sacred autonomy and their legal effects on spiritual practice and pleasure of sacred rights by religious peoples and protection of spiritual admissions in Timor-Leste, to scrutinize the vital susticulture of fundamental constitutional rights on sacred freedom, identify gaps, challenges and propose legislative-alternative solutions to the protection of the rights of sacred minorities to liberty as a fundamental right that is exercised through spiritual concessions.

Ameaças econômicas, ambientais e sociais de uma proposta de exploração mineira em terras indígenas do Brasil

ABSTRACT Deforestation, mining, pollution and the construction of hydroelectric plants are among the main risks for biological communities, ecosystems and indigenous peoples. In the Brazilian Amazon, historically there has been political pressure to reduce the constitutional rights of indigenous peoples, especially regarding mining activities and the construction of hydroelectric plants. This culminated in a law proposal allowing mining in indigenous lands (PL 191/2020), proposed during the last presidential term in Brazil (2018-2022), which sparked a heated debate in both the legal and ethical spheres. In this article we present objective arguments for the negative effects of mining on indigenous lands, using PL 191/2020 as a model to debate the consequences of such policies for biodiversity, ecosystem services, increased risks for humans due to pollutants and epidemics, and how this law violates the main objectives of the Agenda 2030 for sustainable development. Particularly in the Brazilian Amazon, the negative effects of this law on human life quality, economy and the ecosystems are greater than the supposed positive effects projected into the future. We suggest rethinking the feasibility of mining on indigenous lands and reiterate the importance of conserving these lands and other protected areas in the Amazon intact as a heritage of all Brazilians and the wider human kind.

РОЛЬ НДФЛ КАК ИСТОЧНИКА ФОРМИРОВАНИЯ ДОХОДОВ РЕГИОНОВ

Redistribution of income from personal income tax is the main problem of the regions. As you know, personal income tax is transferred to those regions where individuals receive income. But most individuals go to work in large cities and regions, and small regions lose their income. The role of personal income tax is significant, since thanks to this tax, cash flows into regional and local budgets, regulates the level of income of the population, as well as the structure of own consumption and savings. Also, the role of personal income tax can be characterized as follows: ensuring constant cash revenues to the budget; distribution of national income among all segments of the population, in which it is possible to achieve social stability of society and the implementation of the constitutional rights of citizens.

CIVIL UNITY OF RUSSIANS AS A FACTOR IN STRENGTHENING NATIONAL SECURITY

The author proceeds from the fact that civil unity is the most important condition for the realization of constitutional rights and freedoms of a citizen, the achievement of civil peace and harmony in the country, ensuring sovereignty, independence and state integrity. The content of the term "civic unity of Russians" in the article refers to the solidarity, practical and ideological support of the constitutional status and the general strategic course of the state for its further democratic, socio-political, economic and cultural development formed in the Russian Federation, in its specific regions and settlements, and approved by the population. The degree of formation of civic unity is dynamic: it increases under the influence of external (or internal) challenges, determinants of cultural order (traditions, education, science, media) and decreases under the pressure of negative phenomena of endogenous nature. The research materials confirm that the importance of national unity naturally increases with the emergence of existential threats. The dynamics of the process of forming civic unity is determined by a person's ideas about society, about his place in it, about social norms and practices. The unity of citizens cannot be achieved by violence, but it is also impossible to provide it to citizens for whom material values, their own "I" become a priority. The degree of development of civil unity significantly depends on mutual understanding and mutual trust of citizens to the authorities and the authorities to the citizens. The article analyzes the reasons that reduce the level of civic unity. It is concluded that the civic unity of Russians is not only a factor in strengthening national security, but also its kind of indicator. The driver of the growth of unity of Russian citizens was the special military operation of Russia in Ukraine. It contributed to the cohesion and consolidation of Russian society.

Pengaruh Sektor Pertanian, Kehutanan dan Perikanan, Sektor Jasa Pendidikan, Sektor Jasa Kesehatan dan Kegiatan Sosial, Terhadap PDRB ADHK Kabupaten Kerinci Tahun 2013 – 2022

This research aims to analyze the influence of the agriculture, forestry, and fisheries sectors, the education services sector, the health services sector, and social activities, as well as the construction sector on the Gross Regional Domestic Product (GRDP) Allocation of Funds from Natural Wealth and Constitutional Rights (ADHK) of Kerinci Regency in the period 2013 – 2022 partially and simultaneously. This research evaluates the extent of influence of the agriculture, forestry, and fisheries sectors, the education services sector, the health services and social activities sector, and the construction sector on the PDRB ADHK of Kerinci Regency partially and simultaneously. The research methodology used involves a qualitative descriptive and quantitative descriptive approach. The research results show that there is a positive influence of the agriculture, forestry, and fisheries sectors, the education services sector, the health services and social activities sector, and the construction sector on the PDRB ADHK of Kerinci Regency. This effect reaches 100% simultaneously.

Embryo Disposition Agreements: The Effect of Personal Autonomy, Constitutional Rights, and Public Policy on Enforceability, Damages, and Remedies

Embryo Disposition Agreements: The Effect of Personal Autonomy, Constitutional Rights, and Public Policy on Enforceability, Damages, and Remedies

Legislative Laws Forcing Outing in Public Schools: Attacks on LGBTQ Rights

The subject of this paper highlights the alarming direction taken by legislative laws in the US public schools forcing LGBTQ students to out their identities. Through reviewing the constitutional rights of these students despite such legislation, especially the freedom of expression and privacy that the students are guaranteed in the First Amendment, the paper easily underlines such infringements. These reforms also confront the major risks that the young LGBT population faces due to the laws being introduced. Based on recent trials and statistics, the goal of this work is to shine a light on the critical implications of such legislation on the social and educational lives of LGBTQ learners. In this evaluation, it forwards the policies that harmonize inclusivity, equality, gender identity, and sexual orientation. The coming out of the LGBTQ students in public school exposes them to risks that ensure their privacy is a major challenge, as well as the shouldering of different forms of discrimination. This is a hostile and damaging setting that wrecks the feelings of safety and belonging as a part of the mental health degradation that leads to depression, anxiety, and suicidal thoughts. At the same time, these laws jeopardize LGBTQ students’ educational progress by hampering them from reaching the desired educational level and developing their sense of social well-being. These challenges can be redressed only by bringing together policymakers, teachers, and advocates to do away with such laws and replace them with policies that grant rights and dignity to LGBTQ youth. A society that is handling stigma and discrimination this way will be more equal and supportive to all students enabling them to achieve and be what they are meant to be.

Revocation at the Founding

The Supreme Court is divided over the constitutional law of community supervision. The justices disagree about the nature of a defendant’s liberty under supervision, the rights that apply when the government punishes violations, and the relationship between parole, probation, and supervised release. These divisions came to a head in 2019’s United States v. Haymond, where the justices split 4–1–4 on whether the right to a jury trial applies to revocation of supervised release. Their opinions focused on the original understanding of the jury right at the time the Constitution was ratified. This Article aims to settle the debate over the law of revocation at the Founding. In the late-eighteenth-century United States, there was a close legal analogue to modern community supervision: the recognizance to keep the peace or for good behavior. Like probation, parole, and supervised release, the recognizance was a term of conditional liberty imposed as part of the sentence for a crime, providing surveillance and reporting on the defendant’s behavior, with violations punishable by imprisonment. Given these similarities, the best way to determine if the original understanding of the jury right would apply to revocation proceedings today is to ask whether the common law required a jury for punishing violations of a recognizance. Fortunately, Founding Era legal authorities make the answer to that question clear: Yes, at the time the Constitution was ratified, punishing recognizance violations required a jury trial. This requirement disappeared during the nineteenth century only due to the development of probation and parole, which changed the structure of community supervision from an additional penalty into a delayed punishment. Because supervised release is structured as a penalty, not a delay, the original understanding of the jury right would apply to revocation of supervised release, even if not to revocation of probation or parole. The law of revocation at the Founding preserves lost constitutional rights that deserve modern recognition and renewal.

Ensuring the employer's right to information protection: problems of legal regulation

In the context of the rapid development of information and communication technologies and the proclamation of the constitutional right of everyone to freely search, receive and disseminate information, it is becoming increasingly difficult to restrict access to information of various kinds. Meanwhile, the confidential information at the disposal of the employer, access to which he restricts either in his own interests (commercial secret), or in the public interest or in the interests of third parties (information that has a secret regime, personal data of individuals) needs protection. The subject of the study is the provisions of the legislation, including labor legislation, which allow the employer, as the owner of confidential information, to build a system of limited access to it and take measures against employees who violate the established rules for protecting information. An analysis of the relevant norms leads to the conclusion that in the rapidly developing information society, which provides ample opportunities for the instant transmission (distribution) of a significant amount of information, the current legal regulation does not fully meet the requirements for balancing the rights and legitimate interests of the employee and the employer, since it allows the employer to stop the employee's access to protected information only by dismissing him on a disciplinary basis, which forces the employer to make such decisions even in cases where there are no grounds for this fixed by law (disclosure), thereby violating the rights of the employee. In this regard, it is proposed to introduce a legal mechanism for depriving an employee of access to confidential information when he commits actions that create a threat of its dissemination, which, on the one hand, will exclude him from working with such information, and on the other hand, will allow him (under certain conditions) to continue work for this employer. Such a mechanism, being aimed at optimal reconciliation of the interests of employers and employees, will ensure the right of the employer to the protection of information and at the same time will not allow excessive restriction of the rights of the employee.

The constitutional framework for digitalization of the Republic of Moldova in the perspective of integration into the European Union

Digitization in the evolution of all societies, based on the concept of the "digital revolution", through its impact on social relations has become necessary at the level of public law, also establishing a constitutional imperative. In 2018 the adoption of the European Union program "Digital Europe for the period 2021- 2027" establishes important national standards for the member states, which set rules for the institution of digitization regarding constitutional rights and freedoms such as, freedom of expression, private life, etc. Widespread implementation of technologies such as artificial intelligence, cyber security, etc. establish at the stage of constitutionality and constitutional law regarding the compliance with the Constitution of the legal norms in the field of digitization. As an example in this study, can be considered the Decision of the Constitutional Court of Romania no. 70 of 28.02.2023. The conducted study proposes debates regarding digitization in the Republic of Moldova, which was established through the formation of multiple digital platforms, and after June 23, 2022, when the European Council granted the Republic of Moldova the status of a candidate country, the need to ratify the agreement with the EU regarding participation in the Union Program was created - "Mechanism for the interconnection of Europe", from May 9, 2023. The foundations of European digital constitutionalism in the Republic of Moldova were previously formed, after June 27, 2014, when the EU and Moldova signed the Association Agreement, drafts of revision of the Constitution being developed to solve power imbalances in the digital society, mitigated the risks of digitization for fundamental human rights and the values of an authentic democracy in the Republic of Moldova in the perspective of integration into the European Union.

Problems of observance of constitutional rights and legality during a search

Problems of observance of constitutional rights and legality during a search

THE MAIN DIRECTIONS OF IMPROVING FAMILY INTERESTS IN THE IMPLEMENTATION OF STATE POLICY

The article is devoted to the study of the issues of improving the main directions of state policy in the realization of the interests of the family. Priority tasks have been outlined in Kyrgyzstan, primarily in connection with the need for a clear state family policy that allows the state to consider and analyze the problem related to the provision and implementation of constitutional rights in a different way.

FINANCIAL CONTROL AS A NECESSARY ELEMENT OF THE MECHANISM FOR ENSURING THE ECONOMIC SECURITY OF THE STATE

In this article, the author examines some aspects of the fight against economic crimes and their prevention committed by economic entities.Some aspects of national legislative activity in this area are considered. And also, on the basis of scientific research by foreign authors, scientific and practical approaches to countering crimes in the financial sphere are being investigated. Based on the analysis, the authors consider questions on some amendments to legislative acts. Thus, in the sphere of public financial management, a special area of relations between the state and a person outside the management system authors consider that relations should be relevant to the constitutional right of citizens to receive information from relevant structures affecting their rights and legitimate interests, information that is in the possession of various state bodies and organizations. Currently, there is an urgent need to legislate the obligation to publish open information by state bodies, the procedure and procedures for providing such information at the request of citizens and organizations.

Порядок и пределы возмещения сумм, затраченных на обращение за квалифицированной юридической помощью в уголовном процессе

Introduction: the constitutional right of citizens to receive professional legal assistance can be secured if there is an effective and affordable mechanism for reimbursing expenses related to legal assistance from an attorney. The insufficient scientific research on the topic as well as not always effective reforms of the institutions of reimbursing expenses for the attorney’s assistance to rehabilitated persons and to victims, the collection from the convict of procedural costs related to the renumeration of the appointed attorney, result in judicial errors when resolving issues of reimbursement of such expenses, which, in turn, leads to violation of the rights of participants in the criminal process. The purpose of the study is, first, to identify the legal nature, the most effective procedural form, and fair limits of reimbursement for legal assistance received by: a rehabilitated person, a person unreasonably prosecuted in a criminal case of private prosecution, a victim – on a reimbursable basis (under an agreement with an attorney) as well as by the suspect or the accused having no possibility to hire an attorney – on a non-reimbursable basis (with funding from the federal budget); second, to formulate proposals for further improvement of the institution of procedural costs reimbursement. Results: we analyzed the development dynamics of criminal procedure legislation and the impact that the positions of the Constitutional Court of the Russian Federation and law application practice have on this development. The analysis revealed some shortcomings in law and the practice of its application, solutions to these problems are proposed. Conclusions: we defined the criteria for determining the limits of reimbursement of expenses incurred by a person subjected to unlawful or unfounded criminal prosecution; formulated a list of grounds for exempting the accused from procedural costs being collected from him for an appointed attorney in cases where such expenses were unreasonable and (or) irrational; described the way to further improve the procedure for reimbursing the victim for the assistance of an attorney that would allow ensuring equal procedural opportunities for victims in terms of reimbursement of expenses incurred both in pre-trial proceedings and in trial.

Constitutional Rights as Protected Reasons

Constitutional Rights as Protected Reasons

The constitutional right of citizens to participate in the management of state affairs: «limits» and «limitations» in the decisions of the Constitutional Court of Ukraine

The constitutional right of citizens to participate in the management of state affairs: «limits» and «limitations» in the decisions of the Constitutional Court of Ukraine

Legal content of fraud in the field of consumer lending. Part one

The article shows the scale of development in recent years of the practice of fraud in the field of consumer lending using the latest information technologies and methods of psychological influence on crime victims as a threat to the stability of financial markets. The dynamics of modern crime schemes in the field of consumer lending, aimed at using misleading citizens as an instrument to steal funds from banks, are examined. The practice of preliminary investigation that has developed in recent years in Russia, as well as judicial practice on the qualification of fraud in this area, is characterized. It is shown that the widespread unjustified recognition as victims in cases of fraud in the field of lending only of misled citizens who become instruments of theft of bank funds violates their constitutional rights and at the same time is a significant factor in the catastrophic development of this type of criminal activity. The economic basis of the position of banks is revealed, actively insisting on recognizing citizens who have suffered from fraud as borrowers who have consciously entered into a loan agreement, which consists of ensuring the opportunity to shift corporate risks of losses from material damage caused to banks by fraudsters to the injured citizens. Based on the conceptual foundations of criminal law and the provisions of the current criminal legislation, a rationale is proposed for recognizing two groups of persons as victims as a result of fraud in the field of consumer lending: banks — as bearing material damage from the theft of funds from them and citizens — as suffering moral damage, becoming instrument for committing a crime. The role of citizens deceived by scammers as an instrument for stealing funds from banks, which determines the flaw of their will, is determined and revealed.