Definition Of Rights Research Articles

Проблемы и вызовы, связанные с искусственным интеллектом в современном мире

The author discusses the issue of legal personality of artificial intelligence, highlighting different points of view and approaches to the assignment of rights and obligations. The problem of transparency of artificial intelligence work and the need for regulation is raised. The article also discusses different approaches to the definition of rights to the results of artificial intelligence. The importance of public trust in artificial intelligence is emphasized as a key factor in its implementation. The overall conclusion points to the relevance and complexity of issues related to the legal status of artificial intelligence and its impact on society.

PROBLEMS REGARDING THE USE AND CONTROL OF SOCIAL MEDIA AS A PROPAGANDA TOOL IN CONTEXT OF DIGITAL DEMOCRACY

In the context of digital democracy, the use of social media for propaganda purposes causes control problems in terms of administrative units. Discussions on the control of social media, which is preferred due to advanced message transmission facilities, are stuck between democracy and security concerns. It can be said that the use of such channels by both legal and illegal organizations requires an audit. However, due to their foreign origin and global spread, the control of this field cannot be fully ensured. On the other hand, the fact that local law practices can suppress opposition blocks in favor of the governments makes this area problematic in terms of digital democracy. As a result of this qualitative analytical research conducted with the literature review method, it is seen that legal and illegal organizations use social media effectively to spread their messages within the framework of the concept of democratic rights. Meanwhile, acts incompatible with local law and social morality may occur. Since control mechanisms have a responsibility to establish and maintain social peace, these channels should be kept under control in terms of criminal acts. In a virtual environment where all geographies meet, where the definition of rights and crimes can change, it is inevitable that the supervisory bodies will be forced during the implementation of local legal rules. Despite this, it is essential to provide an audit that protects human rights within the criteria of democracy, justice and equity, encourages the formation of the public sphere, and guarantees organizational and individual freedoms.

Criticizing and analyzing to Definition of right of ghasm in Islamic jurists Opinion

Criticizing and analyzing to Definition of right of ghasm in Islamic jurists Opinion

Modern theoretical and legal approaches to understanding human rights

The article identifies two main approaches to clarifying the essence of the definition of rights, namely: that human rights are defined as a concept and as a system of principles that provide, guarantee the conditions of human existence, norms and traditions, and as a measure of freedom and determination. component of the legal status of the person; human rights are

System of Administrative and Legal Regulation of the Status of the Cabinet of Ministers of Ukraine in the Field of Scientific, Research and Technical Activity in Ukraine

The author of the article studies the mechanism of administrative and legal regulation of the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine. The correlation of the concepts of administrative and legal regulation and the mechanism of administrative and legal regulation is determined. The existence of the concept of administrative and legal regulation of the status of subjects of administrative and legal relations, in particular, the Cabinet of Ministers of Ukraine, is substantiated. Based on this, the peculiarities of the elemental composition of the mechanism of legal administrative and legal status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine are determined.
 Administrative and legal status in the system of administrative and legal regulation is considered as a structural element, an integral part of it. At the same time, it is part of the subject of legal regulation by the rules of administrative law. Its constituent elements (principles, goals, tasks and functions, the procedure of creation, reorganization, liquidation, procedures, the right to official symbols, linear and functional subordination, the rights and responsibilities of the subject) are determined by administrative law, through the definition of rights and the responsibilities of a subject is influenced by public relations, the participant of which is such a person. Thus, we can talk about the administrative and legal regulation of the legal status of the subjects of administrative and legal relations, and hence about the mechanism of administrative and legal regulation of the status of such subjects. However, the administrative and legal status in this case will not be part of the elemental mechanism of administrative and legal regulation, because it is the subject to the influence of administrative norms in this case.
 Thus, the mechanism of administrative and legal regulation of the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine can be presented as follows:
 – administrative and legal norms that determine the administrative and legal status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine, their sources;
 – principles of the activity of the Cabinet of Ministers of Ukraine in the sphere of administrative relations in the field of science and technology in Ukraine;
 – interpretation of administrative and legal norms regulating the administrative and legal status of the Cabinet of Ministers of Ukraine in the field of scientific and scientific and technical activities in Ukraine;
 – the nature of administrative and legal relations in the field of scientific, research and technical activities, the participant of which is the Cabinet of Ministers of Ukraine;
 – individual acts of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activity;
 – forms of activity of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activity as the participant of administrative and legal relations;
 – methods of administrative and legal regulation of the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine;
 – administrative and legal regimes regulating the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine;
 – administrative procedures of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities;
 – efficiency of administrative and legal regulation of the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activity.

On the Status of Rights

On the Status of Rights

Realities of application of the institute of mediation in criminal proceedings in Ukraine

The article is devoted to the analysis of procedural norms, which governing the procedure for initiating and concluding an agreementon reconciliation in the criminal process of Ukraine. The Institute of Agreements in the Criminal Procedure of Ukraine has beenused in practice for more than eight years, but it is premature to speak about the full realization and implementation of this institute inthe practical sphere. An analysis of the norms of the CPC of Ukraine indicates the existence of gaps and controversies that arise in theconduct of criminal proceedings on the basis of agreements. Focus on the controversial and conflict points that arise when concludingan agreement on reconciliation in the criminal process.Analyzing theoretical developments, practical recommendations, legislative projects on the implementation of the mediation procedurein Ukraine, international practice of introduction and functioning of the mediation institution, it can be argued that the properpractical implementation of the mediation procedure is relevant and important for criminal procedure law of Ukraine. It will providean opportunity to make more rational and economical use of budget expenditures allocated to the administration of justice and to relievethe burden on law enforcement and the judiciary. However, attention should be paid here to the phrase “proper practical implementationof the mediation procedure in the criminal procedural law of Ukraine.” In fact, the question immediately arises: “How often do the subjectsof criminal procedural law, in today’s conditions, use the services of mediators in criminal proceedings?”We tried to provide an answer to this question in this article and formulated conclusions and proposals aimed at improving thecriminal procedure legislation in this area. All the above indicates that the issue of legislative consolidation of the status of a mediatorin our country, a clear definition of rights and responsibilities, procedural and substantive aspects of the latter remains relevant.

GENESIS OF LEGAL REGULATION OF CONSUMER RIGHTS IN UKRAINE

The article examines the development of legal regulation of consumer rights in the basic legislation of the USSR and modern Ukraine. This was achieved through the definition of basic consumer rights in the global sense given to Consumer International and acts of International Law, as well as in the Constitution of Ukraine. The list of basic acts in this area in the modern period was supplemented by the Economic Code of Ukraine. In the context of consumer protection, this is justified by the fact that in contrast to the rules of Civil Law aimed at legal regulation of the general rights of consumers without taking into account the individual characteristics of consumers in the market, economic legislation aims to take into account such features. Possible violation of consumer rights and settlement of issues not regulated by private law. There are four main periods of development of law in this area. The period of origin of legal regulation (from 1922 to 1963) can be described as a period in which the rules of law were mainly aimed at protecting the interests of the seller, his counterparty was actually determined by the buyer-enterprise, the consumer in such legal relations was almost not taken into account. In contracts of sale performed functions uncharacteristic of it of the act of the economic legislation. The period of improvement of legal regulation (from 1963 to 1991) is characterized as economic-civil. During this period, there are legal norms for buyers (organizations) and buyers (individuals). Consumer rights and mechanisms for their implementation in this period are expanded, improved and concretized (with some rules and definitions were better than modern counterparts). The period of legitimization and development of legal regulation (from 1991 to 2014) can be defined as the period in which the formation of the main basic regulations in the field of consumer protection of Ukraine. But in the legal field the boundaries and the order of their legal application and interaction were not properly regulated. The current period of legal regulation (since 2014) is characterized by the proclaimed European integration aspirations of Ukraine. Despite the incompleteness of the period, its main trends show that these aspirations in the field of consumer protection remain declarations. Much more often under the "mask" of adaptation to the norms of European Law there are directly opposite processes. Basically, it can be described as a period of stagnation. Also in the article, the shortcomings and advantages of regulating the basic rights of consumers in the basic acts of law at each historical stage were analyzed and the dynamics of transformation of certain legal norms was studied. In addition, the possibilities of im proving the definition of rights enshrined in the Constitution of Ukraine were considered, the need to disclose the potential of the Economic Code of Ukraine in regulating consumer rights and their protection, as well as limited opportunities for regulation only within the Civil Code of Ukraine.

Rights and health versus rights to health: Bringing Indigenous Peoples’ legal rights into the spaces of health care services

The political-legal discourse of Indigenous rights continues to be separated from discussions of health care services in geographic scholarship, due to the ways in which political-legal, settler-colonial definitions of rights fail to take Indigenous understandings into account, as well as a distrust on the part of scholars of the limited and contingent notion of “rights.” While Indigenous rights, inherently tied in Canada to recognition by the settler-colonial state, have limited application in achieving social justice or decolonization for Indigenous peoples, we argue that Indigenous rights can be used as a complementary discourse to Indigenous resurgence, within broader discourses of Indigenous justice, to lend legal and political weight to arguments for cultural safety and human rights in health care. We draw on a study conducted with 50 Indigenous community members and 15 health services professionals in the northern city of Prince George, Canada, to elucidate how Indigenous peoples’ experiences in health care settings may be improved by giving attention to rights discourse and removing the geographic and identity-based limitations of Indigenous rights to health care in Canada.

Procesos de configuración territorial y conflictos por el agua en el municipio de Pasto, Colombia

El propósito de este artículo, es analizar los conflictos sociales, políticos y ambientales por el acceso y distribución del agua en los andes suroccidentales de Colombia, específicamente en el municipio de Pasto. A partir del análisis de dos momentos históricos y haciendo uso de una perspectiva etnográfica, muestra cómo las élites políticas y económicas en el municipio, han tenido una posición hegemónica en la definición de los derechos para el acceso al agua, favoreciendo la acumulación y flujo de capital, excluyendo formas de apropiación, uso y distribución del líquido que responden a intereses colectivos, relacionados a la defensa de la autonomía territorial y la legitimación de identidades comunitarias. Esto ha confluido en escenarios de tensiones, que han involucrado pobladores rurales y urbanos, instituciones estatales, gremios económicos y productivos, entre otros.

Novels of legal regulation of the video-sharing platforms in the context of the related rights in the programme

In thisArticle the author reveals the interrelation of the term of the online content-sharing service provider under the EU Directiveon copyright and related rights in the Digital Single Market and term of video-sharing platform provider under the revised AudiovisualMedia Services Directive (AVMSD).Section (62) of the recitals of the Directive on copyright and related rights in the Digital Single Market highlights that the definitionof the online content sharing service provider should target only online services that play an important role on the online contentmarket by competing with other online content services, such as online audio and video streaming services, for the same audiences.The author emphasizes that the distinctive feature of the activities of the online content-sharing service provider should be theintent to make direct or indirect profitGuidelines on video-sharing platforms under the revised AVMSD as issued by the European Commission on the 2nd of July 2020stipulate for four (4) categories of indicators to be considered by the EU member states while assessing specific service as a video-sha -ring platform service:1) the relationship between the audiovisual content and the main economic activity or activities of the service;2) quantitative and qualitative relevance of the audiovisual content available on the service;3) monetisation of the audiovisual content or revenue generation from such content;4) the availability of tools aimed at enhancing the visibility or attractiveness of the audiovisual content.In the author’s opinion, the above mentioned indicators may be also taken into account for the purpose of qualification of theonline content-sharing service provider under Directive on copyright and related rights in the Digital Single Market.The revisedAVMSD provides for the new definition of the term “programme”, according to which a set of objects of copyright andrelated rights may be chosen by a media service provider not only within a schedule (being characteristic for the traditional linear TV), butwithin a specific catalogue established by such provider (being an element of the non-linear TV, i.e. video-on-demand services).The author discovers the peculiarities of realization of the act of communication to the public by the online content-sharing ser -vice provider under the legislation of the European Union.She analyzes the judgments of the Court of Justice of the European Union (CJEU) with respect to the definition of right of communicationto public in cases of sale of a multimedia player with pre-installed add-ons containing hyperlinks to illegal streaming websitesand activities of peer-to-peer networks.The author makes a comparison of the definition of video-sharing platform given under the draft Law of Ukraine “On Media”with the terminology used in the EU Directives. She highlights the necessity of harmonization of the current legislation of Ukraine tothe requirements of the EU legislation regulating the activities of video-sharing platform providers.

A IMUNIDADE TRIBUTÁRIA DOS TEMPLOS E O CONCEITO DE RELIGIÃO NO SUPREMO TRIBUNAL FEDERAL

O objetivo do artigo é discutir — a partir do exame de decisões colegiadas sobre imunidade tributária dos templos de qualquer culto — se e como o Supremo Tribunal Federal estabeleceu a ideia de religião. Inicialmente, chamamos a atenção para a importância dos conceitos na definição de direitos e obrigações, sobretudo na área tributária. Em seguida, apresentamos as linhas gerais da temática da imunidade tributária dos templos a partir da Constituição e da doutrina. Em seguida, descrevemos o procedimento de coleta e seleção do material que integrou o corpus de pesquisa, obtido na página web do STF e composto por decisões sobre imunidade tributária dos templos de qualquer culto. Desse modo, identificamos o RE 562.351/RS como a única decisão em que o conceito de religião foi realmente discutido. A seguir, analisamos textualmente o voto do relator, as notas sobre os debates e o voto-vista divergente. Ao final, concluímos que, a despeito de o STF decidir sobre direitos, deveres e obrigações tributários com base na ideia de religião, a corte, colegiadamente, jamais conceituou o que deva ou possa ser considerado religião ou religioso.

The ‘New Deal’ for Consumers: Towards More Effective Protection?

The article analyses to what extent the New Deal for Consumers can represent a step forward in the effective protection of the consumer. Although there is a path to overcome the separation between the definition of rights at European level and remedies at a national level and to identify common criteria in the application of sanctions, more courageous measures would be needed. In particular, what is being proposed here is to link the effectiveness of the protection with the real balance between the rights and obligations of consumers and professionals to provide solutions that allow, in compliance with the principle of proportionality, to place the consumer in the same situation in which they would be found in the absence of the violation.

The Law And Economics Of Cannibalism: The Limits Of Valuation Criteria And Benefit-Cost Analysis

All general rules for behavior or valuation and for law itself break down under some circumstances. The law struggles with this sort of issue in the law of necessity, in assigning rights, in valuation, in considering burdens of proof with incomplete information, and in developing common law. This is no less true of cost benefit analysis, (CBA) or benefit-cost analysis (BCA), which depend on the law for definitions of rights. Economics and economists have long been extensively faulted for their treatment of values and valuation. These criticisms usually suggest no alternatives, though voting is sometimes mentioned. The point of this paper is that there is no perfect criterion for valuation but that some are better than others, and that a sophisticated benefit-cost analysis is often the best or is at least a reasonable or possible approach even under conditions not particularly favorable to its use.

Розробка електронної системи моніторингу успішності студентів у закладах вищої медичної освіти

During the training of future medical specialists in higher education institutions, in particular at National Pirogov Memorial Medical University, there are problems with free access to the system of fixing the results of their training. The problem is exacerbated by the peculiarities of the organization of the educational process at the medical school, when most of the training sessions are conducted by practicing practitioners in medical institutions, which complicates the process of transferring information about students' progress to the dean's office. Therefore, parents, as customers of educational services for their children, often learn about the negative results of their training even after the signing of the assignment order, when it is impossible to change anything. This problem is especially acute for junior students. At the same time, there are conflicting situations between the dean and his deputies on the one hand and parents and students on the other. This situation requires the development of an electronic system for monitoring progress with free access to it by students and officials, taking into account current legislation on the confidentiality of personal information. To build any system, it is necessary to clearly define its class, formulate the purpose and impose certain limitations on the functioning. The purpose of creating an electronic journal is self-monitoring by the student on their own progress in the current disciplines that they study, as well as the monitoring of the success of officials by subordination and functional responsibilities. The peculiarities of the construction of the educational process are analyzed and the main requirements for the construction of an electronic system for monitoring students' progress with the consideration of the current legislation regarding the confidentiality of personal information are formulated, in accordance with the peculiarities of the organization of the educational process at National Pirogov Memorial Medical University and requirements of the system approach. An electronic system for monitoring students' progress with access to it for students and officials with a clear definition of rights in accordance with the requirements of the hierarchy of the system has been developed. The experience of using the electronic monitoring system for success indicates that the student can evaluate his own success in the disciplines he is studying and adjust his efforts to improve the situation if necessary. In addition, there are no preconditions for controversial and conflict situations, which contributes to creating an atmosphere of trust in a higher medical education institution.

ОСОБЛИВОСТІ АДМІНІСТРАТИВНОЇ ВІДПОВІДАЛЬНОСТІ ЗА ПОРУШЕННЯ ПРАВ ТА СВОБОД ЛЮДИНИ

The paper studies the features of administrative liability for violations of human rights and freedoms, as one of the important elements of human protection in modern conditions. The theoretical essence of the concepts "protection of rights", "protection of rights", "guarantee of human rights and freedoms" and "administrative responsibility" is analyzed and their main features are determined. It is established that the international protection of human rights and freedoms is defined as a set of norms governing the joint activities of states to protect violated human rights and freedoms, and provides for the definition of rights, freedoms and responsibilities of citizens to the state and responsibilities regarding the observance and protection of citizens' rights. It is determined that the international mechanism for ensuring human rights and freedoms provides control by the international community through special bodies over the implementation of states' obligations in the field of protection of human rights and freedoms. It is established that the protection of human rights and freedoms is an integral part of the international mechanism for the protection of human rights. It is determined that the Universal Declaration of Human Rights, adopted in 1948 and approved by the UN General Assembly, contained principles that enshrined fundamental human rights. It is established that the system of guarantees of human rights and freedoms in the European Union combines the following three main elements: institutional guarantees, procedural guarantees and material guarantees. It is established that administrative responsibility is a complex sociolegal phenomenon of modern legal reality. It is determined that administrative liability is understood as a type of legal liability, the main purpose of which is to comply with the law and to be liable for an administrative offense in the form of an administrative penalty. It is determined that persons who have committed an administrative offense are administratively liable for offenses related to noncompliance with established rules in violation of human rights and freedoms. It is established that administrative liability and the system of administrative offenses are determined by the Code of Ukraine on Administrative Offenses and other acts of current legislation.

Minderheitenrechte, Minderheitenschutz; rechtsphilosophische, rechtsdogmatische und positivrechtliche Grundlagen – Gedanken zum Thema

This contribution offers a theoretical and philosophical framework for the definition of rights and protection of minorities. It reflects on the fact that in order to avoid discrimination, the challenge is how to find a balance between the principle of democracy and the rights of a minority group.

Federalism, Democracy, and Deep Disagreement: Decentralizing Baseline Disputes in the Law of Religious Liberty

Citizens disagree vehemently about their rights. Democracies can sometimes resolve these disagreements by majority vote, but, where each side of a disagreement makes plausible arguments that their interests are fundamental, refraining from taking any official position on the dispute can reduce acrimony deleterious to political cooperation. In many areas of the law, the “state action” or “discriminatory purpose” doctrines can provide at least the illusion of such governmental neutrality even when the state’s policies have “incidental” effects on one or the other side’s positions. For some areas of the law, however, political and legal traditions foreclose such side-stepping maneuvers. In these areas, disagreements are “deep” in the sense that any governmental vindication of one side’s version of fundamental rights is a plausible violation of the other side’s version. The Religion Clauses’ doctrines provide an example of such intractably “deep” disagreements. Because such doctrines frequently rest on notions of “coercion” that resist responsibility-limiting theories of “state action” and “discriminatory purpose,” there is no way for state officials to escape choosing sides: Officials’ accommodating or failing to accommodate either religious belief or unbelief can be plausibly regarded as a violation of religious liberty. Such disputes are “reasonable and deep disagreements – “RADDs” – that pose a special threat to democratic equality in the definition of rights. This article urges that decentralization protects what Jeremy Waldron calls the “right of rights” – that is, the right to enjoy an equal share of power in defining disputed rights. Applying a presumption that religious RADDs should be decentralized, the article argues for a broad power of the states across the board either to extend or deny exemptions from regulatory burdens for religious believers in cases like Hobby Lobby and Masterpiece Cakeshop, Inc. v. Colorado and to exclude or include religious organizations in generally applicable benefits like vouchers and school charters despite cases like Trinity Lutheran Church v. Comer. By contrast, following the example of Catholic Bishop v. NLRB (1979) and City of Boerne v. Flores (1998), courts ought to construe narrowly the power of the federal government to define religious accommodations. Such decentralization protects state power to vary accommodations for religious believers and non-believers alike, thereby assuring equal concern and respect to both.

Disability, social inclusion and the marketing of tourist attractions

ABSTRACTThe participation of persons with a disability (PWDs) in tourism has received growing academic interest in recent years. This paper contributes to a reflection on how accessible tourism relates to the sustainable development paradigm. To investigate this relationship, it goes beyond the question of PWDs’ access to tourism services, and adopts an inclusiveness perspective. Inclusion is examined in terms of legislation, marketing and imagery, and representations of PWDs as consumers embedded within social units – and families in particular. These dimensions are explored empirically in a study of visitor attractions in Cornwall (England) based on a quantitative and qualitative content analysis of brochures and websites. The study shows that the marketing materials of Cornish visitor attractions mainly focus on access, and the imagery used largely projects quasi invisibility or provides ambiguous messages. Communication with PWDs rarely addresses the family unit, making the family tourism experience intangible in the pre-trip phase. These results point at weaker implementation of inclusiveness, which corroborates previous findings of watered down definitions of rights to tourism under neo-liberal ideologies and economic crises. The paper discusses implications for social inclusion and highlights avenues for future research.

Translating rights and articulating alternatives: rights-based approaches in ActionAid’s work on unpaid care

ABSTRACTThe adoption of a rights-based approach at ActionAid has transformed the non-governmental organisation’s structure, processes and priorities. Yet the organisation may have underestimated the tension between pre-existing participatory work and rights-based approaches, and between grassroots definitions of rights and the rights prioritised in national and international advocacy and campaigning. By looking at the evolution of ActionAid’s work on unpaid care, we can see how the organisation has built on work translating rights to make them relevant for local communities and begun to promote alternative articulations of rights and of rights-based approaches inspired by participatory work with communities.