European Legal Standards Research Articles

GEOPOLITICAL LEGAL ENTITY OF A PERSON AS A MEMBER OF A TERRITORIAL COMMUNITY

The article contains a study of the geopolitical legal personality of man as a member territorial community. The article defines the concepts of legal personality in view of the set of rights and responsibilities of a special entity – a member of the territorial community. The article contains general theoretical features and definitions of the term "member of the territorial community". It is determined that geopolitics in the context of the formation and implementation of the legal personality of the territorial community also involves Ukraine's approximation to European (international) legal standards of local government, because the territorial community is the primary subject of local government, and geopolitics, in turn, involves understanding , recognition and research of the territorial community not only within the Ukrainian experience, but also using the rich municipal experience of European states, in particular the states of the Romano-Germanic legal system, or states belonging to the continental legal family. It is noted that the correctness of creating optimal administrative-territorial units in the state (by separating or combining them), and the definition and institutionalization of one territorial community in one administrative-territorial unit – will ensure decentralization of management, maximum proximity to the people of public institutions and, accordingly, will allow to effectively address urgent issues of people's lives, the provision of quality administrative and public services to residents of villages, towns and cities.
 The ways which will provide formation of both geopolitical legal personality of territorial community, and will establish formation of geopolitical legal personality of the person as a member of such territorial community, uniting in this process local, regional, national, macroregional and universal (global) factors are offered. and tendencies based on the principles of democracy, decentralization, rule of law, priority of human rights and freedoms over the rights of the state

Rethinking Explicit Consent and Intimate Data: The Case of Menstruapps

Period-tracking software applications or ‘menstruapps’ have witnessed a surge in popularity in recent years. At the same time, many of them are a part of the adtech industry, using business models that create revenue by selling users’ personal and intimate data. This exploratory article brings menstruapps into a feminist legal debate. It investigates the supranational European legal standards on intimate and sensitive data processing, particularly the General Data Protection Regulation (GDPR). Scrutinising explicit consent according to GDPR Article 9, this paper, through empirical examples, claims that current legal standards are not enforced. The standards are, furthermore, theoretically insufficient to fully safeguard data subjects’ integrity and autonomy. Instead of abandoning the concept, the article reimagines consent, using a contextual and communicative model where power relations are taken into consideration, building on the feminist concept of freedom to negotiate.

EUROPEAN LEGAL STANDARDS FOR LOCAL DEVELOPMENT: A COMMUNITY-ORIENTED APPROACH

The proposed study analyses the European legal standards that define the normative and institutional foundations of modern local development, community-oriented. In particular, it is established that within the European legal space at the level of local government the paradigm of modern local community-oriented development are the ideas of sustainable development, designed to ensure balance in the triad of socio-ecological and economic relations. Based on the analysis of the provisions of European legal standards of local development, the dialectic of the relationship and interaction between the effectiveness of local forms of participatory democracy and regulatory support for inclusive processes that express the level of involvement of local communities in municipal affairs, and those of them, directly related to the peculiarities of local development. The tendency to the greening of European legal standards of community-oriented local development is established and analysed.

EUROPEAN LEGAL STANDARDS FOR LOCAL DEVELOPMENT: A COMMUNITY-ORIENTED APPROACH

The proposed study analyses the European legal standards that define the normative and institutional foundations of modern local development, community-oriented. In particular, it is established that within the European legal space at the level of local government the paradigm of modern local community-oriented development are the ideas of sustainable development, designed to ensure balance in the triad of socio-ecological and economic relations. Based on the analysis of the provisions of European legal standards of local development, the dialectic of the relationship and interaction between the effectiveness of local forms of participatory democracy and regulatory support for inclusive processes that express the level of involvement of local communities in municipal affairs, and those of them, directly related to the peculiarities of local development. The tendency to the greening of European legal standards of community-oriented local development is established and analysed.

GLOBAL EXPERIENCE ADAPTATION OF FRESHWATER RESOURCES MANAGEMENT IN THE IMPLEMENTATION OF WATER FRAMEWORK DIRECTIVE

Introduction. In connection with European integration, Ukraine needs to study the global experience of managing freshwater resources and develop and implement legislative and regulatory documents of the Water Framework Directive. Accordingly, the international experience adaptation of working freshwater resources in the conditions of implementing the Water Framework Directive is among the main tasks of the research. At the same time, a number of its provisions are declarative. There are also problems with the norms related to the control mechanism of the Convention. The purpose of the article is to adapt the global experience of managing freshwater resources in the context of the implementation of the Water Framework Directive. The results. The management of freshwater resources of Ukraine under the conditions of implementation of the Water Framework Directive was studied. Relevant directions for the performance of the Water Framework Directive in Ukraine have been developed: integrated management of freshwater resources based on the basic principle has been implemented, territorial zoning has taken place, and the project Strategy for the Development of Water Policy of Ukraine - Water Strategy has been developed, as well as a pilot project for water quality monitoring has been developed. The implementation mechanism of the integrated basin principle of freshwater resource management based on the Water Framework Directive 2000/60/EC, which considers the leading tools, guides, and tasks of implementing European legal and environmental standards, is substantiated. It was determined that the implementation mechanism is based on the legislative-normative, scientific-innovative, software-technical, and resource-infrastructural tasks of the Water Framework Directive 2000/60/EC. Conclusions. It is substantiated that the main tasks of the implementation mechanism of the integrated basin principle of freshwater resources management are: balanced management of freshwater resources on the basis of the basin principle; integration of protection and stable water management; maintenance and improvement of the aquatic environment; stimulation of innovative projects and developments related to modernization; creation of new water infrastructure; development of the community of member states; business and the form based on public-private partnership; implementation of the Water Framework Directive 2000/60/EC. Keywords: freshwater resources, innovation, sustainable development, Water Framework Directive.

Review of the Article by A. R. Sultanov “European Legal Standards of Proof and Evaluation of Evidence”

Review of the Article by A. R. Sultanov “European Legal Standards of Proof and Evaluation of Evidence”

THE ROLE OF LEGAL DOCTRINE IN THE PROCESS OF NATIONAL LEGAL SYSTEMS’ DEVELOPMENT UNDER THE IMPACT OF LEGAL GLOBALIZATION

Ukraine’s entry into the European Community as a plenipotentiary member anticipates the acceleration of legal reform with the aim of bringing national legislation in conformity to the standards of European legislation and implementing the fundamental principles and norms of international law in the field of human rights. The article is devoted to the issue of role of legal doctrine in the process of approximation of the domestic legal system to EU law. It is affirmed that the legal doctrine in a conceptualized form, produced by non-state international organizations with the participation of authoritative jurists and UN and EU institutions, is capable to facilitate to the improving the mechanism of international and legal convergence both in the process of law-making and law enforcement. In the process of legal approximation there noted a special role of legal doctrines that are formed by the Court of Justice of the European Union during interpretation of EU law, which are also part of the acquis communautaire system. It is mentioned that legal doctrine in Ukraine also plays an important role in the law-making process when adapting Ukrainian legislation to EU legislation, as well as in the law enforcement practice of Ukrainian courts. Legal doctrine plays an important role in the approximation of national legislation to EU law not only in the field of public law, but also in private law. Attention is focused on the fact that the constitutional-legal doctrine plays an exceptionally important role in the process of convergence of national legal systems, since the internationalization of law takes place primarily at the level of constitutional legislation. Various theoretical approaches to defining the concept of constitutional and legal doctrine are studied. There concluded about the importance of developing a doctrinal document – the concept of constitutional and legal policy, the subject of which is also the issue of the impact of legal globalization on the progress of the national legal system. Such a doctrinal document will contribute not only to the fulfilment of Ukraine’s international obligations, but also to the protection of national interests due to the critical perception of European legal standards in the process of adapting current domestic legislation to EU legislation and implementing the principles and norms of international law.

СТАН МІЖНАРОДНОГО ТА НАЦІОНАЛЬНОГО ЗАКОНОДАВСТВА В СФЕРІ РОЗСЛІДУВАННЯ... КРИМІНАЛЬНИХ ПРАВОПОРУШЕНЬ, ВЧИНЕНИХ ОРГАНІЗОВАНИМИ ЗЛОЧИННИМИ ГРУПАМИ В УМОВАХ ВОЄННОГО ЧАСУ

Today, a rather difficult situation has developed in Ukraine, which is connected with the armed aggression on the part of the Russian Federation. It certainly affects all spheres of social life, including law enforcement. Conduct of active hostilities on a large territory of our country, massive forced resettlement of citizens, aggravation of the security, socio-political, and economic situation in the country led to an increase in the level of crime, in particular, the commission of criminal offenses by organized criminal groups. Investigators of pre-trial investigation bodies faced a situation in which the form and methods of committing criminal offenses by organized criminal groups in martial law conditions changed, which, accordingly, led to difficulties with their investigation. It was established that the current legislation was not fully adapted to such realities of today, and needs to be revised and clarified. In addition, in the conditions of Ukraine’s current course towards European integration and the introduction of European legal standards into the domestic legal system, the regulatory and legal acts of the European Union are gaining no less importance, in particular, those related to the regulation of issues related to the fight against organized crime and those aimed at to provide assistance during the investigation of criminal offenses committed by organized criminal groups. In order to find new approaches to improving domestic legislation in the specified area, it is necessary to carry out a thorough analysis of the state of international and domestic legal support in the area under consideration. The purpose of the article is to analyze the state of international and national legislation in the field of investigation of criminal offenses committed by organized criminal groups in wartime conditions, and to determine ways to improve it. It is noted that the current events taking place in our country have led to an increase in the level of organized crime, which in turn has led to the need to revise the current legal acts, which are the basis of the legal regulation of the investigation of criminal offenses committed by organized criminal groups under martial law. . The author analyzed and classified the main international and national acts in the field under consideration and suggested ways to improve domestic legislation in accordance with international acts and the needs of practice.

Assessing air pollution in European cities to support a citizen centered approach to air quality management

European cities have made significant progress over the last decades towards clean air. Despite this progress, several cities are still facing acute air pollution episodes, with various urban areas frequently exceeding air quality levels allowed by the European legal standards and WHO guidelines. In this paper, six European cities/ regions (Bristol, UK; Amsterdam, NL; Sosnowiec, PL; Ljubljana, SI; Aveiro, PT; Liguria, IT) are studied in terms of air quality, namely particulate matter, nitrogen dioxide and ozone. The concentrations trends from 2008 to 2017 in the different typology of monitoring stations are addressed, together with the knowledge of daily, weekly and seasonal pollution patterns to better understand the city specific profiles and to characterize pollutant dynamics and variations in multiple locations. Additionally, an analysis of the duration and severity of air pollution episodes is also discussed, followed by an analysis of the fulfillment of the legislated limit values.Each of our 6 case study locations face different air pollution problems, but all these case studies have made some progress in reducing ambient concentrations. In Bristol, there have been strong downward trends in many air pollutants, but the levels of NO2 remain persistently high and of concern. In recent years, decreasing concentration levels point to some success of Amsterdam air quality policies. PM10 exceedances are a seasonal pollution problem in Ljubljana, Sosnowiec and Aveiro region (even if with different levels of severity). While, exceedances of NO2 and O3 concentrations are still problematic in Liguria region.The main findings of this paper are particular relevant to define and compare future citizen-led strategies and policy initiatives that may be implemented to improve and fulfill the EU legislation and the WHO guidelines.

Actual Issues of Forensic Activities in Ukraine and the Possibility of Implementing International Standards of the Industry in the Ukrainian Legislation

International standards exist in any field of legal regulation however, they are mostly identified with standards that regulate the technical sphere, since they are the most common ones. Nonetheless, today it is hard to imagine any area of public life withno generally recognized international standards. European legal standards are formed within the framework of the two most regional international associations –the Council of Europe and the European Union. The Council of Europe sets, first of all, standards in the humanitarian sphere: human rights, environment protection, and constitutional law, which is determined by the goals and purpose of its functioning. The European Union (hereinafter referred to as the EU) using directives, regulations, and other legal acts sets standards for most areas of the EU population's life. It should be noted it is during the development of 'standardization' in the European law that specific development of public relations in the EU takes place. Defining the EU legal standardas a separate category of norms of the European law, it is noteworthy that this term is used in a broad sense as a 'legal standard' and incorporates such elements as the general principles of the EU law and the 'common values' of the EU –they relate to people, environment, economic issues, and so on. The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is a classic example of their implementation. In a narrow sense, this term has a specific meaning and does not coincidewith the concept of 'legal standard', e.g. these are standards in the technical field that are adopted by the European Committee for Standardization, that is, in its content, it is a technical publication that is used as a norm, rule, guide or definition.Therefore, they relate to products, services, or systems and are the basis for convergence and interaction within the growing market of various business sectors. Today, in international law de facto there is a system of standards that regulate various aspects of international relations.

Towards the Trustworthy AI

After decades of theoretical deliberations, the rapid development of advanced information technology has allowed machine learning as a first practical step towards artificial intelligence to enter widespread commercial and government use. The transition into a post-industrial, information society has revealed the value of data as an important resource whose processing is the basis of the new innovative information society services. The European Union has enacted several important regulations and directives in the recent past to protect the recognized fundamental rights of individuals and to regulate the obligations of service providers to ensure safe and secure processing. The Charter of Fundamental Rights as the legal basis of the European system of human rights contains significant checks and limitations to the effect and purpose of future EU AI regulation. Whenever and however this regulation is adopted, it will need to comply with and contain existing European legal standards regarding the fundamental rights of individuals in the EU. The European Commission’s ethical guidelines establish ethical principles based on the recognized fundamental rights that future AI systems need to adhere to in order to be recognized as trustworthy. The purpose of this paper is to present and analyse the mechanisms present in existing European regulations in the fields of data protection and information security and in the European Union documents regarding the future artificial intelligence regulation and to offer suggestions for future regulations. The research methodology includes a comparative analysis of available regulations and policy documents of the European Union, national laws, legal literature, and other sources.

Legal Aspects of Remote Trial

The introduction of new technologies, as well as digital is a new logical stage in the development of society, affecting all areas of humanity, including legal. The digitalization of society is becoming the most important factor in economic growth and is a modern trend in the development of any country in the world. Ukraine is no exception to this list, as it has chosen to bring its national legal system closer to the European Union's legal system and international legal standards, which is a complex and lengthy process. Unfortunately, so far there are no generally accepted and harmonized definitions and legal definitions for the legal regulation of introducing digital technologies in the Ukrainian legal system. This necessitates a more thorough study of implementing digital technologies in the legal field. This article is devoted to the problems concerning legal regulation of remote court proceedings by videoconference, which is designed to simplify access to justice and lead to savings in material and procedural means in court proceedings. The purpose of this article is to identify problematic issues regarding legal regulation of distance litigation in Ukraine and to propose mechanisms for its improvement as well as to harmonize it with international legal standards.

КОЛІЗІЙНІ АСПЕКТИ ПРАВОЧИНІВ З МІЖНАРОДНИМИ ОБЛІГАЦІЯМИ

Abstract. As for most countries of the world, the problem of preservation and protection of regional or minority languages is relevant for modern Ukraine. It should be noted that there are no universal special international legal instruments on this issue. Today, European states under the leadership of the Council of Europe have achieved more significant results in this area. The main purpose of its work on this subject is to preserve and protect regional or minority languages in Europe as an integral part of Europe's cultural heritage. Analysing the legal situation with minority languages in Ukraine and the remarks of the monitoring bodies of the Council of Europe on this issue, we note that there is an urgent need to direct national lawmaking to improve national legislation and eliminate shortcomings and inconsistencies with European international legal standards in this area. The article examines the issues of cooperation between Ukraine and the Council of Europe on the protection and promotion of historical regional or minority languages, which contributes to the development of cultural wealth and traditions of Europe. The author examines the purpose of the adoption of the European Charter for Regional or Minority Languages, its main provisions, and the particularities of the object of application. The reform of the monitoring mechanism of the Charter dated July 1, 2019 is analyzed. Special attention is paid to the application by Ukraine of the European Charter for Regional or Minority Languages and the problematic issues of its implementation. Key words: The Council of Europe, Ukraine, regional or minority languages, language rights, language standards, multinational and multilingual population.

ТРАНСФОРМАЦІЯ ДЕРЖАВНОГО СУВЕРЕНІТЕТУ В УМОВАХ СУЧАСНОГО КОНСТИТУЦІЙНО-ПРАВОВОГО РОЗВИТКУ

The article deals with theoretical and methodological approaches to the essence of the state sovereignty in modern conditions of legal globalization and European interstate integration from the point of view of searching for effective means of complex legal modernization of society. The author analyzes the legal content of this category, shows its specific features, reveals the importance of the processes of improving the basic elements of social relations and constitutional modernization of society and the state in modern conditions of legal globalization and European interstate integration. The need for further improvement of constitutional and legal regulation of the most important social relations as a key direction of legal modernization of social relations in a modern democratic state based on the fundamental foundations of European constitutionalism is underlined. At the same time, at the doctrinal level, there is no doubt that the Constitution of Ukraine has a certain degree of almost all the well-known features of the world, in particular, the European, constitutions. Summarizing the above, we consider it necessary to highlight the following main formal and legal features of the Constitution of Ukraine, which is the fundamental ground for modern constitutional and legal reform in our state: 1) a special subject accepting (people's character); 2) the fundamental (institutional) nature; 3) stability is coupled with dynamism; 4) reality; 5) formal and legal properties: the Constitution – the Fundamental Law of Ukraine; its highest legal force; Constitution – the legal base of legislation; A special procedure for making and amending; Special content and structure of the Constitution; Direct effect of its norms. This list is not exhaustive, but in our opinion, it is optimal for defining the main tasks and principles of constitutional and legal reform in the current conditions of legal globalization and European interstate integration. Thus, with the improvement of the Constitution of Ukraine as the main source of constitutional law of Ukraine, it is necessary to focus not only on the modernization of certain institutions that regulate it, but also on the strengthening of its legal properties in general. In other words, the leading role of the Constitution in the system of sources of constitutional law of Ukraine is due to its inherent legal properties, ensuring their effectiveness in society and is a priority task of modern constitutional and legal reform. Thus, under the constitutional and legal reform, in today's conditions of legal globalization and European interstate integration, it is necessary to reform of the sphere of constitutional law directly as a leading national branch of law of Ukraine, the formally-legal improvement and improvement of the constitutional legal material at all its system levels, as provisions, institutions, sub-sectors and industry as a whole. It should also be noted that the subject and object of the branch of constitutional law varies in modern conditions under the influence of a whole range of objective factors of legal and political reality, in particular, it refers to the processes of legal globalization and intergovernmental integration, which, in turn, internally causes the emergence of new branches and subnets of national law, strengthening the internationalization of constitutional law and the constitutionality of international and European law, the adaptation of domestic constitutional laws and to basic European legal standards as a prerequisite quality of the constitutional and legal reform in accordance with objectively existing conditions of society. The need for further improvement of the constitutional and legal regulation of the most important social relations as the most important line of public power in the context of the perception of the European legal system by the national legal system of Ukraine

Implementation of the legal positions of the European Court of Human Rights in Russian criminal procedure

The article offers an overview of the modern state of affairs in the field of the implementation of legal positions of the European Court of Human Rights (ECtHR) in Russian criminal procedural law and law-enforcement practices. Significant attention is paid to the legal approaches of the Russian Constitutional Court as one the main actors in the national implementation system who pointed out a series of problems in functioning of the conception known as «dialog between the Courts». We research the amendments to the Russian Constitution of 2020 year in respect of it’s meaning to the process of realization of the legal positions of ECtHR in the Russian criminal procedure. With the examples from the modern ECtHR case-law in respect of the Russia root problems in the law regulation of different stages and institutions of criminal procedure are being revealed. The article also offers analysis of the trends in national courts practices with proposals of it’s harmonization with the European legal standards.

Criminal application of photogrammetry: three-dimensional reconstruction of crime scenes, human corpses and objects

Photogrammetry – which is a technology that enables the three-dimensional reconstruction of objects based on photographs – is increasingly mentioned in the literature as a feasible alternative to 3D laser scanning. The technique, which does not require any special equipment and can be applied by crime scene investigators, is suitable for the forensic three-dimensional retention of crime scenes, human corpses and certain objects. The 3D models can be used by law enforcement, the court and even by forensic experts to contemplate the reconstructed objects. In the future, this technique could be used for educational purposes, for capturing 3D mugshots, or even for conducting local interrogations or carrying out other investigative actions. With regard to the Hungarian legal framework and the upcoming European legal standards, there are no foreseeable barriers to the practical application of photogrammetric imaging procedures. In order to establish the appropriate methodological guidelines of this technique further researches are required.

The Right to Information of (Un)Accompanied Refugee Children

Refugee children often find themselves in a vulnerable position; they have experienced trauma and mental health problems and in the host country they are involved in a complex and adult-oriented asylum application procedure. International and European legal standards urge states to adapt migration procedures to the age and maturity of children and to make these more child-friendly. In this article, the core concept of analysis is the child’s right to information. It will be shown that this right is closely connected to other children’s rights and concepts, such as access to justice, child-friendly justice and the right to participation. The implementation in practice of the right to information in the asylum procedure in the Netherlands will serve as a case study, to show the precarious information position of both unaccompanied as well as accompanied refugee children. The results of this study show that the information position of these children can be improved, which will benefit their legal position, emotional well-being and possibilities to exercise their rights.

Новітні тенденції розвитку в Україні інституту визнання та виконання рішення іноземного суду

Проведені в Україні реформи судоустрою, судочинства та суміжних правових інститутів актуалізують для науковців завдання з аналізу їх правового забезпечення на предмет функціональності та ефективності відповідних правових інститутів. Дана стаття присвячена висвітленню особливостей правового регулювання визнання та виконання рішення іноземного суду в Україні в контексті оновлення національного законодавства.
 Метою статті є висвітлення особливостей правового регулювання та сучасних тенденцій розвитку в Україні інституту визнання та виконання рішення іноземного суду.
 Наукова новизна полягає в комплексному аналізі законодавства України з питань визнання та виконання рішення іноземного суду, зокрема у проекціях визначення його головних ознак як інституту права (міжнародного цивільного процесу України), особливостей його розвитку, у тому числі під впливом європейських правових стандартів, тенденцій і практики формування транснаціонального виконавчого процесу, а також проблемних аспектів правового регулювання у світлі останніх законодавчих оновлень.
 Висновки. Згідно з новою концепцією, втіленою у Цивільному процесуальному кодексі України в редакції 2017 року, інститут визнання та виконання рішення іноземного суду є самостійним інститутом міжнародного цивільного процесу України. Поряд із традиційним підходом визнання та виконання рішення іноземного суду в рамках зобовʼязань за міжнародними договорами, обовʼязковість яких визнана Верховною Радою України, закріплюється широкий концепт принципу взаємності (вважається, що взаємність існує, оскільки не доведено інше). Такий підхід відповідає загальній тенденції зближення судової практики різних держав (головним орієнтиром виступає, насамперед, право ЄС) і формування засад транснаціонального виконавчого процесу. Відповідно, він потребує послідовного втілення на рівні правового забезпечення усіх механізмів визнання та виконання рішення іноземного суду, у тому числі попередньої відомчої оцінки клопотання про визнання та виконання рішення іноземного суду на предмет його прийнятності для судового розгляду. 
 Особливістю інституту визнання та виконання рішення іноземного суду в Україні в умовах «гібридної» війни є встановлення через існування викликів та загроз національній безпеці певних застережень щодо задоволення клопотання про надання дозволу на примусове виконання рішення іноземного суду, що може загрожувати інтересам України.

Reforma upravnog spora - novi pokušaj - stari problemi

A decade ago, Serbia has carried out the reform of judicial control of public administration - by establishing the new Administrative Court. The expected results, however, have not been achieved and the problems that caused the reform have not been resolved. Therefore, a decade later, a new reform is in sight. The planned changes include establishing more administrative courts and introducing a two-instance administrative dispute. The aim of this paper is to discuss these changes, but in a slightly different way. Instead of their uncritical acceptance and justification by European legal standards, they are analysed having in mind the legal nature of the administrative dispute. Successful administrative dispute reform cannot be achieved if European legal standards are blindly accepted and copied literally from classical court proceedings. Only the legal nature of the administrative dispute and the features that make it special and different from the usual court disputes can lead us to a successful implementation of the changes.

Pravo na život i apsolutno nužna sila - standardi Evropskog suda za ljudska prava i stanje u Srbiji

The right to life falls under the category of fundamental human rights, which are guaranteed to every person, under all circumstances and in all places. Nevertheless, the right to life is subject to certain restrictions required by reasons considered justified according to standards prevalent in a democratic society. After laying special stress on the relevant provisions set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms, the paper further tackles the basic viewpoint of the European Court of Human Rights on the Protection of the Right to Life and implementation of the "absolutely necessary force" criterion, after which it addresses the compliance of domestic law with the European legal standards in this area. The legal standard concerning absolutely necessary force means a higher degree of necessity in relation to the standard detailing on what is "necessary in a democratic society" and therefore represents the ultima ratio for achieving a legitimate goal. As a last resort intended for the protection of human life, the force has to be aimed at protecting physical integrity and thus it is proportionate to the threatening violence, i.e., clear and imminent danger to human life. The European Court of Human Rights assesses whether the force that was used is proportional to the achievement of legitimate goals and thereby absolutely necessary according to the criteria of a democratic society by applying a more stringent necessity and proportionality tests in each specific case. The legal standards of the European Court of Human Rights, especially the standards on the use of absolutely necessary force, both support and affirm the protection of the right to life and concurrently shape the practice of the Constitutional Court of Serbia. The establishment of a normative and institutional framework has created elementary prerequisites for effective protection of the right to life in the Republic of Serbia, whilst breach of its procedural obligation is the most common reason for its responsibility with respect to violations of the right to life.