Freedoms Of Man Research Articles

On the question of the legal nature of economic rights

The authors address the debatable issue of the place of rights, characterized as economic, in the totality of the rights and freedoms of man and citizen. Thus, it is indicated that in the legal literature there are several approaches to solving this issue, and diametrically opposed. The authors join the position of scientists, additionally arguing the conclusion that economic rights should be considered as an independent group due to the distinctive features inherent in economic rights.

ЩОДО ВИЗНАЧЕННЯ ПОНЯТТЯ ТА ЗМІСТУ ОПЕРАТИВНО-РОЗШУКОВОГО ЗАБЕЗПЕЧЕННЯ... РЕАЛІЗАЦІЇ КРИМІНАЛЬНИХ ПРОЦЕСУАЛЬНИХ ГАРАНТІЙ СТОРОНИ ОБВИНУВАЧЕННЯ

One of the priority areas of Ukraine’s development as a state governed by the rule of law is the protection of the legitimate interests, rights and freedoms of man and citizen. Law enforcement agencies, special services, courts are the key institutions on whose activities the protection of the rights, freedoms and legitimate interests of citizens, security and law and order depend. The level of law and order in the state and society depends on the strict observance of the current legislation by the mentioned institutions. In this context, the strict observance by investigators, operatives and the court of the norms of the legislation regulating the conduct of covert investigative actions, in particular a special investigative experiment, acquires special significance. The purpose of the article is to determine the permissible limits of behavior of an investigator or operational officer during a special investigative experiment. The study shows the significant shortcomings of current legislation governing the conduct of a special investigative experiment and the practice of its application. As a result it is offered: 1. Given that a special investigative experiment is carried out on crimes that are being prepared or committed, as well as the practical impossibility of distinguishing between conditions that should contribute to the manifestation of existing intentions of the object of the case and conditions that contribute to the formation of such intentions and their implementation active actions to create conditions conducive to the development of a crime or the formation of criminal intent. 2. Since the experiment differs from observation by active interaction with the object under study, the very concept of «special investigative experiment» and its definition are given in the Instruction on the organization of covert investigative (search) actions and use of their results in criminal proceedings. It is proposed to replace the term «special investigative experiment» with the term «special investigative control» or «passive investigative experiment» and define it as observation of a person whose actions show signs of a serious or especially serious crime in order to verify the real intentions of such person and obtain information and documents relevant to the pre-trial investigation. 3. Concerning a special investigative experiment in the understanding of the Instruction, ie regarding active actions to create conditions that contribute to the development of certain events. Such methods of operative-search or counter-intelligence activities, as shown above, are quite acceptable and, under certain conditions, are effective means of detecting and preventing crimes. However, their results cannot be used as evidence in criminal proceedings. This is not a criminal procedure, it is an operational search or counterintelligence activity. With this content of these measures, it is necessary to abandon the concept of «special investigative experiment» and return to the concept of «operational experiment», which should be applied and defined in departmental regulations. suspect on behalf of the investigator, prosecutor; implementation of a complex of measures for operative and investigative support of criminal proceedings. Operational investigative provision of criminal procedural evidence affects guarantees of human rights both in operational investigative activities and in criminal proceedings. It is proved that the successful investigation and disclosure and investigation of any crime can be carried out only under the conditions of its organizational-tactical operational-search support. It is justified that, based on the fact that in the course of operational-investigative measures during the operational-investigative implementation of criminal procedural guarantees of the prosecution, human rights are often violated, there is a need to strengthen their guarantees both in ORD and in pre-trial proceedings and, in particular, due to the strengthening of departmental and judicial control and prosecutorial supervision of operational investigative activities and pre-trial proceedings.

ПРОБЛЕМИ ВДОСКОНАЛЕННЯ ДІЯЛЬНОСТІ ПУБЛІЧНИХ АДМІНІСТРАЦІЙ У СЕКТОРІ БЕЗПЕКИ ТА ОБОРОНИ

The purpose of the article is to determine, based on the analysis of approaches to the effectiveness of public administrations in the security and defense sector, areas for improving the activities of these bodies. It has been established that the full-scale armed aggression of the Russian Federation against Ukraine, which caused the introduction of the legal regime of martial law, exacerbated the problems existing in the field of public administration in the security and defense sector. It is argued that public administration under the conditions of the legal regime of martial law has its own differences related to the emergence of new types of public administrations (military administrations), the restriction of certain rights and freedoms of man and citizen, and the expansion of the competence of military authorities. Particular attention is paid to the essence and characteristics of civilian democratic control over the security and defense sector. It has been determined that assessment within the framework of public supervision as an integral part of democratic civil control allows, on the one hand, to maintain objectivity due to the absence of disciplinary and other administrative ties between the subject and object of supervision. It is argued that democratic civil control should be carried out taking into account the restrictions existing in the conditions of the legal regime of wartime, related both to public activity and access to certain types of information. It has been established that the effectiveness of public administration in the civil sector and the security and defense sector has its general criteria for the quality and speed of their implementation of administrative procedures within their competence. At the same time, the subjects of assessment will differ: if in the civilian sector such subjects will be general, then in the security and defense sector they will be special. It is concluded that the directions for improving the activities of public administrations in the security and defense sector should include: a) clarifying the legal status of military administrations, the grounds and procedure for their creation; b) standardization of procedures for the transformation of military-civilian administrations into military administrations; c) establishment and normative consolidation of requirements for the educational level and professional experience of the heads of military and military-civilian administrations.

РОЛЬ ДЕРЖАВИ У ФОРМУВАННІ ІНФОРМАЦІЙНОЇ КУЛЬТУРИ НАСЕЛЕННЯ В УМОВАХ ВІЙНИ

The article examines the interrelationship of the concepts "state", "population", "personality", "information culture", "information society", which in the conditions of Russian aggression require the use of a new perspective in the context of the formation of the information culture of the population in the conditions of war. It is noted that in the conditions of the war, an informational and globalist transformation took place in society, which was caused by the constant development and modification of forms of social communication and the emergence of modern social relations, which affect the legal system and the state as a whole. It has been proven that the formation of the information culture of the population in the conditions of war is a factor in the development of social relations in the direction of ensuring the security of the state, affects the legal system and the system of state administration, is reflected in the legal awareness of the individual, legal culture, the legal dimension, which, in general, is reflected in the information culture of the population and personalities of the country. It is emphasized that the absence or inappropriate information culture of the population in the conditions of war can cause damage to Ukrainian information systems, poses a threat to a person, organization or society, as well as to the state as a whole. It is noted that information technologies have become a modern space and means for committing various crimes, which in the conditions of martial law can negatively affect the consciousness of the country's population. It has been proven that in order to ensure the formation of the information culture of the population in the conditions of war, the state is required to significantly improve the current legislation, improve the activities of the law enforcement and judicial systems, as well as introduce additional areas of education at all levels, which should be aimed at the formation of legal awareness and information culture of people and the population. It is emphasized that the information culture of the population of the state in conditions of war should be based on the principles of respect for the informational rights and freedoms of man and citizen, tolerance of the subjects of informational legal relations during their interaction, aimed at increasing national security and the integrity of the state, the priority of the innovative component in improving the system state administration. The research methodology is based on the definition of the conceptual and categorical apparatus of the research, includes the justification of its theoretical foundations, analysis and systematization of the available experience, includes the analysis of publications devoted to the considered problem in printed publications and Internet resources.

ОСМИСЛЕННЯ СВОБОДИ У ПРАВОСЛАВНОМУ БОГОСЛОВ'Ї ЙОГО ВСЕСВЯТОСТІ ПАТРІАРХА ВАРФОЛОМІЯІ

The article is devoted to the content of the understanding of freedom in the Ecumenical Patriarch Bartholomew's І theology. The path of personal comprehension and comprehension of freedom, which became one of the core foundations of the development of philosophical thought of the "Western world". It is difficult to find in the list of prominent thinkers of the history of Western philosophy from the beginning of our era someone who would not devote his efforts to understand freedom in accordance with a certain perspective of its problematization. The main directions of development of this topic in the history of philosophical and theological theories are outlined. The general context of Christian doctrine, which is the source of the problems of freedom in the "Western world" is revealed. The alternative angles of its understanding in Eastern philosophies where freedom appears, first of all, as a desirable goal, the achievement of which requires efforts, as opposed to the interpretation of freedom based on Abrahamic religions of God-given attributive property of human, which is a condition of both sin and salvation, are pointed out. The specificity of the modern interpretation of freedom in the conditions of secularism domination is determined, and the actuality of the Patriarch's position, which corresponds to the urgent challenges faced by humanity today, is clarified. The motive of "escape from freedom" in the cultures of the West is revealed, and the reasons for its emergence are clarified. Contrary to popular prejudice, according to which theology is always a factor of "conservation" and "dogmatization" of thought, Orthodox theology reflects modernity and illustrates both the depth of the historical duration of the Christian paradigm and the modern peaks of its development. Not only Ecumenical Patriarch Bartholomew І revealed the spiritual tradition of Orthodoxy, but also outlined possible ways to overcome the most pressing problems that require humanity to take responsibility for compliance with social justice and the protection of the natural environment. It is argued that the Ecumenical Patriarch Bartholomew's І position is an example of how religion from the source of conflict can become a guarantee of interfaith reconciliation and intercultural understanding. The development of Orthodox theology, as evidenced by Patriarch's works, is able to open new horizons of human unity around the meta-values of love and faith. Man's freedom is a manifestation of the fact that it was created in the image and likeness of God, it is possible thanks to the absolute and unconditional Freedom of the Creator, the comprehension of which exceeds man's ability to judge. True freedom of the individual is a guarantee of recognition of the "other's" freedom, and a necessary condition for a responsible position of an individual, capable of constructive and effective steps towards solving the urgent problems of mankind.

К ВОПРОСУ РЕАЛИЗАЦИИ ПРАВ И СВОБОД ГРАЖДАНИНА В КОНТЕКСТЕ ПРОЦЕССА ИНФОРМАТИЗАЦИИ

The relevance of the article is determined by the strategic purpose of constitutional law to provide adequate answers to emerging issues in the sphere of ensuring the rights and freedoms of man and citizen in the process of informatization of society. The article is devoted to the analysis of changes in the spread of information technology in the modern world. Analyzing the newest generation of rights, called in modern Russian jurisprudence digital (information) rights, the author focuses on topical issues of their provision and draws conclusions about the possibilities and prospects for improving the legal regulation of digital legal (information) relations of citizens.

Axiological Aspect of Legal Consequential Thought of the Late 18th – Early 20th Centuries

This article is devoted to a comprehensive review of the axiological measurement of legal consequentialism, analysing the ideas of law theorists representing the utilitarian and close to utilitarian branches on the view of values essential for society and state development. The purpose of the article is to identify what value is key for legal consequentialism as a whole, as a theory based on the significance of the result of legal actions, as well as for legal utilitarianism, which necessitates maximising utility. The article focuses on content analysis of key trends in the main legal doctrines of legal consequentialism. In these trends, the authors single out the main concepts, bearing in mind their value for legal science. The conclusion section of the study generalises the categories that appear valuable for legal consequentialism and formulates the common values of legal consequentialism. The authors justify the need for preserving the axiological aspect of rights and freedom of man and citizen, for ensuring the principles of equality and justice, the humanistic basis for legal activity and the unacceptability of rejecting the said values for a utility or other maximisation.

Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

URDU-19 The Islamic Concept of freedom of expression

Abstract There is a lot of negotiation on freedom of speech. There is no doubt that man is born free. Every religion in the world is convinced of the freedom of human beings, but to what extent man has this freedom. Is man allowed to put any kind of materialism in the freedom he enjoys or is it not? Does religion, especially Islam, give freedom to man or not? This research discusses these questions۔ According to divine teachings, man is also made free. However, the freedom of man is rooted in the relationship between man (Abd) and God. The meaning of freedom within divine religions is associated with the concept of humanity (Abdit). The concept of 'Abdit' is very broad in Islam. If a man imagines that he is a servant of God, he must also demonstrate godly worship. The freedom of humanity that is talked about today is terrible, in which the relationship between man and God is not taken care of and Islam is blamed that Islam destroys human freedom. In the ideology of Islam, the freedom of human being is a sacred phenomenon. There is no inflation in this regard. Let man not sell his freedom to any other man. That is, do not enslave anyone other than God. Hazrat Ali ibn Abi Talib said: "O man, do not go into the custody of any other human being, for Allah has created you free.

Postliberal Politics

The present article consists of key extracts from the recently published Adrian Pabst’s book “Postliberal Politics. The Coming Era of Renewal” (2021). According to the author, stability in the West faces the challenges of left and right populism. And if left populism hasn’t survived the trial by real elections, the right populism is quite successful in removing liberal elites from power. At the same time the strong point of the right populism is the provision of a political program, but its weakness is in the absence of any concepts or political instruments for transitions implementation. But forces, - the ultraliberal left and anti-liberal right, - develop various types of identity politics thus undermining the cultural and civilizational fundamental aspects of the West and the feelings of common goal and common destiny. The author opposes those extremes with postliberalism – non-uniform ideological movement directed at overcoming the contradictions of the deadlocked liberal ideology that is characterized by the rise of both left and right populism. According to Adrian Pabst, postliberalism acknowledges the failure of liberal projects and at the same time the necessity to preserve the most valuable liberal aspects in new form. Liberalism with its multiple trends is not beyond hope and some institutions it created are worth preserving. Still liberal ideology lead to the situation when freedom once alienated from self-restraint and mutual obligations turned into unfreedom. Self-destruction of liberal values such as freedom, equality, tolerance and pluralism demonstrates abnormalities that at once distort liberal principles and show liberal ideology logic. Postliberalism is intended to cut short those defects. In particular, postliberal ideology proceeds from acknowledging that the society is based not on some non-personal social contract between individuals as claimed by the liberals from the times of Hobbes and Locke, but appeared as the result of mutual arrangement between generations. Civil liberty does not man freedom from obligations or freedom for the sake of egoistical interests, but liberty to take care of oneself and others. Personality development based on personal independence should be balanced by common well-being. Equality does not mean uniformity but respect for integral virtue. Individual rights should not be downgraded but should be specific and relative due to their connection with obligations towards other people. Postliberalism in this interpretation endeavors to preserve the best gains of liberal ideology while eliminating the threat of blunt authoritarianism that is always concealed in liberal logic.

Development of theoretical and legal approaches to understanding the essence of somatic human rights in the process of biomedical research

It is pointed out that theoretical ideas about the relationship between man and the field of biomedical research inevitably affect the coverage of aspects that are not reduced to the subjects of constitutional and legal regulation. Accordingly, it was methodologically unjustified to limit the idea of realization of somatic rights of citizens only to the analysis of the norms of constitutions. The essence of the implementation of somatic rights of citizens in the process of biomedical research as effective elements in the development of society and in accordance with one category of constitutional law determines the need to review them from the standpoint of ontology, epistemology and axiology of rights. Thus, studies of these complex relationships do not take into account that they determine approaches to their knowledge, explore the order and principles of their implementation and protection, socio-legal "existence", analyze the value of political and legal image.
 Certainly, in order to create a reliable modern scientific foundation for understanding the essence of somatic human rights in the process of biomedical research, it is advisable to influence historical excursions in the specialty that studies a particular legal issue, constitutional and legal foundations of individual somatic rights, , on the basis of and formulated previously existing and current legislation. This will exclude certain trends in the development of both legal doctrine and rule-making activities, the results of which are a thorough improvement of current legislation of Ukraine, including codified content, solve certain problems while opening ways to solve them in different historical periods to avoid in the future. negative and borrow positive experiences.
 The authors argue, based on the analysis of theorists of state and rights, constitutionalists, natives who are involved in the study of somatic human rights, religious scholars who can achieve the result that the historiography of somatic human rights in biomedical research in the broad scientific field of knowledge development of constitutional and legal science and its regularities; in the narrow sense, it is a set of works on various problems of the history of modern constitutionalism, human rights, the influence of religion on human rights and the mechanism of their implementation and protection in a certain historical period.
 At the same time, the aim of the work is to study the constitutional and legal principles and the influence of various factors on the mechanism of realization of somatic rights in the process of biomedical research.
 The methodological basis of the study was the worldview dialectical, general scientific and specific scientific methods of cognition of the phenomena of state and legal reality. Thus, in particular, formal-logical methods of analysis and synthesis allowed to reveal the content of the concepts that make up the subject of research, to classify them, as well as to formulate intermediate and general conclusions. The systematic method allowed to study the role and significance of somatic human rights among other human and civil rights and freedoms. Using the historical method, the doctrinal basis of the study was analyzed, and the main stages of the formation of biomedical research with human participation were identified. The structural-functional method allowed to clarify the internal structure of the mechanism of constitutional and legal support of somatic rights and freedoms of man and citizen in the process of biomedical research, as well as to determine the functional purpose of each element of this mechanism. The content of legal regulations governing social relations, within which the organization and functioning of the mechanism of protection of somatic human rights in the process of biomedical research, was revealed using a special legal method of cognition. The comparative method made it possible to identify similar features and differences in the constitutional and legal regulation of the mechanism of protection of somatic human rights in the process of conducting biomedical research.

SYSTEM OF COUNTER-TERRORISM AUTHORITIES IN RUSSIA AND CERTAIN FOREIGN STATES

There is not a single state in the whole world whose leadership would not be aware of the danger posed by terrorism and would not make efforts to form a system of anti-terrorist measures. The article analyzes the system of counter-terrorism agencies in Russia and in some foreign countries. Cardinal reforms in law enforcement, law enforcement agencies and services are discussed immediately after major terrorist attacks in the countries under study. There are similar features in the functioning of the systems of counter-terrorism agencies in Russia, the United States and Israel. The article analyzes the Global Terrorism Index in dynamics for 2014–2020, on the basis of which it is concluded that US government programs to combat terrorism have not yielded the desired results in protecting the constitutional rights and freedoms of man and citizen. It is shown that due to the active interaction of law enforcement agencies (special services, army, police) in Russia and Israel, there is a positive dynamics of anti-terrorist activity.

On the expenditure of distinctioning the concepts of «preventive measures» and «preventive measures» in the activities of the National police of Ukraine.

The article emphasizes that today one of the main vectors of the National Police 'businesses are aimed at preventing offenses, the so-called preventive or preventive activity. In view of this, the terms «preventive activity» and «preventive activity» were investigated in detail, which is carried out by the employees of the National Police of Ukraine. And the purpose of the article is an analysis of preventive measures and preventive measures in the activities of the National Police of Ukraine through the prism of modern legislation, retreating and providing definitions. Thus, having analyzed the current legislation and scientific revision of modern scientists, the author provides author's definitions of these terms. Preventive measures This is a narrower concept under which it is understood clearly defined in the Law or Complex of Police Actions applicable in accordance with the current legislation to ensure the implementation of the requirements that restrict certain rights and freedoms of man and the use of which do not is always associated with an unlawful behavior of specific individuals. In turn, preventive measures are the actions of the police aimed at preventing the offenses and preventing their teaching, eliminating their reasons and conditions that cause them. And concluded that speaking of any prevention measures that are used by policemen to prevent / prevent any kind of offenses it is expedient to use the very term «preventive measures», and the term «preventive measures» is used only in case when it comes to events provided by the Law of Ukraine «On National Police». Because, preventive police and prophylactic measures of the police are different concepts. And in its daily activities, representatives of the National Police of Ukraine must use them appropriate and not confused with each other. Given the fact that this can complicate the daily police officer directed to crime prevention.

Constitutional regulation of the principle of equality of rights and freedoms of man and citizen in Ukraine and the countries of continental Europe: comparative legal analysis

The article considers the principle of equality, which is discussed in Part 4 of Art. 13; st.st.21, 24; Part 2 of Art.38; Part 2 of Art.43; Part 1 of Art.51; Part 1 of Art.52; Part 1 of Art.71; Part 2 of Art. 129 of the Constitution of Ukraine and is mentioned in most constitutions of European states, and it is proved that it is not only a principle of constitutional law, but also one of the fundamental principles on which human rights and freedoms are exercised and their place in society and state is determined. It is noted that the terms «equality» and «equality», although used interchangeably to denote the full range of rights and freedoms, are not identical. Equality is a broader concept than equality and includes the latter. It is proved that in Art. 24 of the Constitution of Ukraine identifies three main aspects of this principle: 1) equality of citizens in rights; 2) equality of citizens before the law; 3) equality of rights of women and men, and it is emphasized that the state provides only legal, formal equality between people. That is, there is no and cannot be actual equality between people, because everyone differs in their individual abilities. Therefore, the analyzed principle legally justifies the actual inequality between people. It is substantiated that the provision, which is enshrined in Part 1 of Art. 24 of the Constitution of Ukraine guarantees only the equality of citizens before the law and their equal rights and freedoms. At the same time, there are examples that this principle applies to every person who is enshrined in the constitutions of continental Europe by the term «all», «all people» or a term meaning nationality (Belgians, Greeks, Spaniards, Luxembourgers, Monegasques). In this regard, it is proposed to replace the term «citizens» in the analyzed part with the term «all people», as well as to remove the word «constitutional» from the terminological phrase «constitutional rights and freedoms». It is emphasized that there can be no privileges or restrictions on the grounds listed in Part 2 of Art. 24 of the Constitution of Ukraine (eleven in total). The same and other similar features are enshrined in the constitutional market in 25 of the 42 European states belonging to the Romano-Germanic system of law. It is concluded that it is necessary to strengthen the wording of this part through the establishment of guarantees by the state. In Part 3 of Art. 24 of the Constitution of Ukraine reflected the provision, which separately emphasizes the equality of women's and men's rights through the consolidation of requirements, conditions and benefits, ie proposed a wording that does not have the vast majority of continental Europe. And therefore it is offered to state this part in other way. The expediency from the point of view of logic and legal technique, and also taking into account the constitutional practice of foreign countries and researches of domestic scientists of statement of Art. 24 of the Constitution of Ukraine in a new edition, which will give it the opportunity to have a more perfect look.

Comparative study of crimes of deliberate non-payment of wages in the Criminal Codes of China and Russia

The phenomenon of malicious non-payment of wages is widespread in all countries of the world, maybe it is especially serious in China, it has attracted a lot of attention from the Party (CPC) and the Chinese government. Under conditions when the solution of this issue through civil and administrative methods is not very effective, the Chinese legislative bodies, under the leadership of offi cials, fi nally decided to use the intimidating power of criminal punishment to solve this problem, which has tormented the government for many years.Article 41 “Amendments to the Criminal Code (8) of the People’s Republic of China” states: After article 276 of the Criminal Law, an article is added as one of the articles 276: Evasion of payment of wages to workers by transferring property, escape, etc. Or those who are able to pay, but do not pay wages to employees in the case when the amount is relatively large, and the relevant government departments order the payment of wages, but still cannot pay, are punished with imprisonment for up to 3 years or arrest, and additionally or as an independent punishment — a fi ne; Persons who have committed the same violations that have entailed serious consequences are punished with imprisonment for a term of 3 to 7 years and additionally with a fi ne. If the crime mentioned in the fi rst part of this article was committed by an organization, a fi ne is applied to the organization, and the directly responsible heads of the organization and other directly responsible persons are punished in accordance with the fi rst part of this article. The acts provided for in the fi rst and second parts of this article, which did not entail serious consequences, in which the employee’s salary for work is paid before the charge is brought and appropriate compensation is accepted in accordance with the law, then the punishment may be commuted or released. Article 276 of the Criminal Code provides for the crime of causing harm to production and economy, which belongs to this chapter crime against property (Chapter 5 of the special part of the Criminal Code). Therefore, the crime of malicious non-payment of wages is a crime against the property of citizens (employees).Due to the fact that the Chinese Constitution does not provide that citizens have the right to receive remuneration, only the Labor Legislation states: that Workers have the right to equal employment and choice of profession, the right to receive wages for work ... In view of this, that from the point of view of legal relations, based on both the Labor Law and the Law on the Employment Contract, the effect of non-payment of wages only occurred between the employee and the employer. According to the employment contract, disputes arising when, after the employee has fulfi lled the contract, but the employer does not pay him wages in accordance with the contract.The Criminal Code of the Russian Federation provides for crimes of non-payment of wages, pensions, scholarships, allowances and other necessary payments in chapter 19 “crimes against the constitutional rights and freedoms of man and citizen” of section VII “Crimes against the person”. Bringing together the above, the rights to pay for work, receive state pensions and social benefi ts, etc., protected by the Criminal Code of the Russian Federation, are constitutional rights. And also, they are specifi ed in Article 2 of the Constitution of the Russian Federation a person, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the duty of the state, specifi ed in the Criminal Code of the Russian Federation.In China, when criminalizing the action of non-payment of wages, the most fundamental issue that needs to be resolved is to have a basis of justice, that is, to introduce "income from labor" into the Constitution of the People’s Republic of China, which provides for the basic rights of a citizen. At the same time, it is necessary to amend the chapter related to “crimes against the rights of the individual and the democratic rights of citizens in the Criminal Code,” and to amend the “crime against constitutional rights,” as well as the chapter includes “crimes of non-payment of wages, scholarships, pensions and benefi ts”, but should not be included in chapter 5 “crime against property”.As a result, a comparison of the criminal code between the two countries China and Russia on the crime of malicious non-payment of wages shows that there are contradictions and problems in Chinese legislation, and the political signifi cance of the legislation far exceeds the legal signifi cance, which will directly affect its application in judicial practice.

Problems of protecting human rights in the context of the COVID-19 pandemic

As part of the global response of States to the COVID-19 pandemic, most governments are currently forced to take emergency measures to respond to the emerging national threat, introducing bans and restrictions, establishing additional responsibilities and measures to control citizens, which inevitably raises the question of the need to preserve the fundamental principles of the rule of law and the basic constitutional rights and freedoms of man and citizen in the context of the pandemic. The purpose of this article is to analyze the main problems of protecting human and civil rights in the context of a pandemic and to determine the basic principles and rules on which States are based when adopting legislation that restricts the rights and freedoms of citizens.

Current challenges in the field of human rights protection during the covid-19 pandemic

In the articles on the problems of quarantine restrictions during the coronavirus pandemic, ambiguities are identified against epidemiological measures in the legislation of Ukraine. Emphasis is also placed on the violation of international acts ratified by Ukraine and the inconsistency of norms in national and international law.
 The normative legal acts of Ukraine are considered, which propose to allow restriction of certain rights and freedoms of man and citizen. The fundamental aspects of the right to protection from pressure on a person, enshrined in the European Convention on Human Rights during an emergency, have been identified.
 The key cases that provide an opportunity to derogate from an emergency situation under Article 15 of the European Convention on Human Rights are listed.
 Emphasis is placed on the ambiguity of the wording of the terms «public buildings», «public transport» in terms of violation of the rules on human quarantine, sanitary and hygienic, sanitary and anti-epidemic rules and regulations provided by the Law of Ukraine «On Protection of Infectious Diseases» and stay in public buildings, structures, public transport during quarantine without wearing personal protective equipment.
 An example from case law on the prescribed restrictions is given based on both interpretations of European and all-Ukrainian law.
 It was emphasized that the main act, which has the highest legal force on the territory of Ukraine, was violated in terms of freedom of movement, the right to hold rallies, the right to education and work.
 The normative legal act concerning restrictions within Ukraine in connection with the pandemic was analyzed, namely the Resolution of the Cabinet of Ministers of March 11, 2020 №211 “On prevention of the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV- 2 ”, as well as international experience in the protection of human rights during the COVID-19 pandemic.

Theoretical and legal aspect of determining the mechanism of ensuring human rights and features of their implementation in Ukraine

The article considers the rights and freedoms of man and citizen. It is studied that human rights and freedoms are formed as a result of numerous historical preconditions that have developed the psychological need of man to freely use their abilities to think, express thoughts, engage in creativity, self-expression, work. The mechanism of law enforcement is a system of legal means that affect public relations in order to regulate, implement, etc., which includes the following elements: guarantees, legal elements of the enforcement mechanism, the process of actual implementation, conditions and factors of such process. One of the essential elements of the human rights mechanism is guarantees. Analysis of the existing concepts of guarantees in the legal literature allows us to conclude that the guarantees of individual rights and freedoms should be understood, first, certain conditions under which the fullest and most comprehensive implementation of individual rights and freedoms, and secondly, means that effectively ensure protection and protection of individual rights and freedoms in case of their illegal violation. Direct constitutional and legal guarantees are a special system of legal norms, principles, conditions, requirements and legal means and means provided by the Constitution of Ukraine and other laws. ensuring, realization, protection and defense of human and civil rights and freedoms for the purpose of their practical realization. Signs of guarantees of human rights and freedoms are that they: have a state nature; reflected at the level of relevant regulations; have a universal and continuous character; reflect the state and level of development of the main spheres of public life; have a real and appropriate nature; have the form of a complex system that has its own internal structure, the elements of which are inextricably linked and constantly interacting. Thus, guarantees are one of the main and probably the largest links in the administrative and legal mechanism for ensuring the rights of citizens.

Types of international judicial institutions and their role in ensuring the right to judicial protection

The article is devoted to the study of the types of international judicial institutions and their role in ensuring theright to judicial protection. It is noted that the Manila Declaration provides for a judicial settlement of disputes andarbitration. The International Court of Justice is the principal judicial organ of the United Nations. The InternationalCriminal Court is the permanent body with jurisdiction over persons responsible for particularly serious crimes, inaddition to national criminal jurisdictions. The Inter-American Court of Human Rights is an independent, conven-tional body whose function is to protect human rights in the states of North and South America. The Arab Court ofHuman Rights has not yet begun its work, although the Court’s mandate allows States parties to lodge complaints.The African Court of Human and Peoples’ Rights is an independent body whose purpose is to protect human rightsin African countries. The jurisdiction of the European Court of Human Rights extends to all matters of interpretationand application of the Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols.The Court of Justice of the European Union interprets EU law and provides for the settlement of disputes by the EU’snational government-institutions. It is emphasized that regional judicial institutions are designed to protect the rightsand freedoms of man and citizen. They are part of a subsidiary human rights protection mechanism that can be applied once all national remedies have been exhausted. Recourse to the International Court of Justice or arbitration isnot an unfriendly act in relations between states, but on the contrary indicates the use of peaceful means of dispute settlement. Unlike other international courts, only international criminal tribunals can be joined in a single proceeding.

Modern teaching on the rights and freedoms of human and citizen

The article examines the doctrine of the rights and freedoms of man and citizen. The connection between the theory of human rights and freedoms and the history of the development of society is traced. The works of thinkers of the past are analyzed. The dynamics of views on the development of rights and freedoms is shown. Special attention is focused on two basic concepts of rights and freedoms – natural-legal and positivist, the general and special in their content are highlighted. Both of these concepts consider human rights as a certain view of the world outlook, worldview, which are based on the principle of humanism, and also as a system of humanistic values that determine relationships in society. Attention is drawn to the essential features of human rights. A brief analysis of three generations of human rights is carried out. It is emphasized that this classification is classical. However, new times force us to look at the classification problem in a new way. The classification of human and civil rights allows you to see their evolution, the historical connection of times, the general trend of development. The conclusion is substantiated that in the current period of human development, taking into account the achievements of science, primarily biomedicine, we can talk about the fourth generation of human rights, the socalled somatic rights. In this century, the focus on somatic human rights has become a feature. They increasingly occupy the attention of international organizations, become the subject of discussion at the national and international levels, since through their prism the nature of the relationship between a person and a state is assessed.