Freedoms Of Citizens Research Articles

Overwhelming Legislative Intervention and its Impact on NE State of Manipur

Law maker occupies a significant status and position in a state. The very purpose of legislation is not only to serve for the welfare and happiness of the people but also to harmonize the relation between the state and its citizens. Every legislation ought to be the expression of the will of general masses. An ideal state requires just, fair and reasonable law that essentially aims to promote and protect the rights and freedoms of citizens of this country. On the other hand, such law shall not overstep its legitimate boundary because the ultimate end of the law in a democratic country is to render justice to all the needy people without discrimination. Law is an instrument of social change and it invariably occupies a significant position in every human society. It always aims to harmonise the relation between the rulers and their subjects, as it happens to be the connecting link between the two entities. It also facilitates to construe a good governance inter alia a friendly atmosphere between the state and its citizens for which observance of due respect to the principles of rule of law and constitutionalism remains yet to be realized, especially for maintaining peace, harmony and development in the NE state of Manipur

Promoting Functional Scientific Literacy in Tanzania: A Critique of Current Basic Education Policy

Abstract Functional Scientific Literacy (FSL) is widely acknowledged for its contribution to benefiting a society by ensuring every citizen understands something about science. But there is a debate throughout Tanzania and beyond which concerns curriculum policy, in the interest of affording citizens freedom of choice; e.g. in Tanzania students who do not choose a science stream are permitted to excise themselves from science education entirely by dropping Physics and Chemistry two years before completing their basic education. I argue that such a curriculum policy carries tremendous implications for the country, undermining the declared national ideal of promoting social and technological development for all. Further, the policy is not coherent: why should Physics and Chemistry be dropped while Biology and Mathematics are retained? How might FSL learning experiences be reorganised to recoup the potential value that are lost as a result of dropping some of these subjects?

THE RIGHT TO DIGNITY - BETWEEN ASPIRATION AND LEGISLATION

The study aims to analyse one of the essential rights of the human being, the right to dignity, with particular implications for the evolution of communities, societies and humanity as a whole. Dignity is also an ethical and legal value, which runs like a guiding thread through the evolution of individuals, whether viewed in isolation or in a larger or smaller group. Dignity is the cornerstone of the architecture of fundamental rights and freedoms, a conclusion drawn from its inclusion in the Charter of Fundamental Rights of the European Union, in the sequence of its component parts, as its first title. Article 1(3) of the revised and republished Romanian Constitution regulates the values declared supreme in the Romanian State and guaranteed in the spirit of the democratic traditions of the Romanian people and the ideals of the December 1989 Revolution. The first of these values is human dignity. Then follow, in succession, the rights and freedoms of citizens, the free development of the human personality, justice and political pluralism. Hence the conclusion that, in the view of the Romanian constitutional legislator, human dignity is also the pedestal of the values which are the essential elements of the Romanian state's identity. We say this because we are referring to the first article of the Fundamental Law, whose name is “the Romanian state.”

On the Concept and Objective Attributes of the National Interests

The relevance of the subject matter in this article can be attributed to the growing interest in both scientific papers and legal acts. Despite the widespread use of this concept, there is no consensus in legal science regarding its precise definition or content.
 The purpose of this article is to develop scientific provisions that reflect the patterns of development and functioning of the states national interests. Thus, while developing this article, the author set the following principles: to define the concept of national interests, describe the stages of their definition, identify the objective properties of national interests, and reveal the characteristic features of the reflection of national interests in the strategic acts of the Russian Federation.
 However, while studying national interests, the dialectical method of cognition was used as a philosophical basis, as well as general scientific research methods such as ascending from the abstract to the concrete and the system-structural method. Additionally, specific scientific methods such as formal-legal were applied, and logical tools for knowledge, including analysis, synthesis, deduction, and induction.
 As a result, the following conclusions were drawn:
 1) national interests can be defined as the basis on which a states foreign and domestic policies are implemented; 2) when describing national interests, it is important to consider the interests of society; 3) to assess the national interest, it seems possible to note several objective properties such as social significance, sustainability, and reality; 4) within the strategic documents of the Russian Federation relating to national interests, there is an indication that the goal of realizing national interests, is to protect the constitutional rights and freedoms of individuals and citizens. These statements can be considered a benchmark against which specific decisions should be evaluated and assessed. This article was described within the framework of the Russian Science Foundation project No. 23-28-01457 Vectors for the development of law-making in the implementation of certain interests of Russia: problems and prospects.

Deoccupation and reintegration of Crimea: the influence of human rights protection non-governmental organizations

The article discusses the problems associated with the continuous military occupation of Crimea, which leads to serious changes, including to the decline of human rights. The state has long faced the task of liberating the occupied Crimea and returning it to Ukraine. It is argued that the de-occupation and reintegration of Crimea contains a number of problems that need to be dealt with, including problems of a legal nature. Non-governmental human rights organizations (hereinafter referred to as human rights NGOs) come to the aid of the state in this matter. Unfortunately, scientists do not pay much attention to the influence of human rights NGOs on the process of deoccupation and reintegration of Crimea. However, taking into account the public demand for the restoration of the territorial integrity of Ukraine and the actions of the power structures aimed at the liberation of Crimea from the Russian invaders, it is necessary to consider the contribution of human rights NGOs to the liberation of the Crimean peninsula.
 It was concluded that human rights non-governmental organizations exert a decisive influence on the level of the state of Ukraine in matters of human rights protection, de-occupation and further reintegration of the temporarily occupied Crimea. They carry out international advocacy, document war crimes and crimes against humanity, monitor human rights in Crimea and support and protect victims of repression. However, the normative regulation of the influence of human rights NGOs has not been resolved at the moment, in connection with which we propose to supplement Art. 5 of the Law of Ukraine “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine” by the following clause: temporarily occupied territories to persons. Organizations have the right to document crimes against humanity and war crimes committed in temporarily occupied territories and cooperate with state authorities on the basis of partnership.”

The proper subject as a prerequisite for the admissibility of evidence: court practice

The article is devoted to certain issues of admissibility of evidence in criminal proceedings, taking into account judicial practice accordingly. The notes emphasizes one of the most important issues in criminal proceedings is the issue of obtaining evidence by the proper subjects. At the same time, in the spotlight when deciding on the admissibility of evidence, should be the rights and freedoms of citizens.
 Based on the Supreme Court litigation and the legal positions of the European Court of Human Rights, the article allocates a number of problematic aspects that arise in practical work, as a result, leads to the recognition an evidence as inadmissible due to their receipt by improper subject of proof.
 Since the decision of a court or international judicial institution that has entered into force and establishes a violation of human rights and fundamental freedoms guaranteed by the Constitution of Ukraine and international treaties ratified by the Verkhovna Rada of Ukraine is of prejudicial importance for the court that decides on the admissibility of evidence, the Supreme Court’s practice on these issues is undoubtedly subject to study, detailed analysis and further application in practice.
 Only on the basis of evidentiary information are the subjects of criminal proceedings authorized to make procedural decisions regarding criminal law conflict and ensuring human rights and freedoms.
 The investigator, prosecutor, and investigating judge evaluate the evidence already collected and verified during the pre-trial investigation when making relevant procedural decisions. Of course, the evaluation of evidence by the court during the trial is of great importance, since it is the court that decides on the guilt or innocence of a person in committing a criminal offense when passing a verdict.
 The author concludes that investigators, procedural supervisors, and investigating judges should take into account the legal positions of the Supreme Court in their activities and prevent the violations pointed out by the author in this article with reference to the Supreme Court rulings.

Dactyloscopic accounting in Ukraine: legal regulation and development trends

In the process of performing their duties, employees of the National Police of Ukraine are constantly faced with the task of identifying a person based on biometric data. One of the types of such identification is identification by fingerprints. According to the current legislation, the National Police fills and maintains up-to-date registers and data bases (banks) that are part of the unified information system of the Ministry of Internal Affairs of Ukraine, including collecting biometric data of individuals through fingerprinting.
 Automated dactyloscopic identification systems are also used in expert services. In addition, information on the biometric characteristics of a person is also contained in the State Migration Service of Ukraine, which is a subdivision of the system of the Ministry of Internal Affairs of Ukraine. It ensures maintenance of the Unified State Demographic Register, where biometric data (parameters) of a person are recorded. The latter means digitized fingerprints, digitized face image.
 Thus, pretrial investigation bodies within the framework of criminal proceedings in order to obtain information about the biometric parameters of a person can turn to specialists not only of the Expert Service of the Ministry of Internal Affairs of Ukraine, but also to the Department of Information and Analytical Support of the National Police of Ukraine, the State Migration Service of Ukraine.
 The Criminal Procedure Code of Ukraine defines only the procedure for taking biological samples from a person for examination as part of criminal proceedings. The rules of collection, accumulation, storage, use and destruction of biometric data are disclosed only in secondary legal acts, which have many contradictions among themselves. Unfortunately, in our country there are cases when the information contained in the information and search systems of the Ministry of Internal Affairs of Ukraine is not deleted in a timely manner, which violates the rights and freedoms of citizens.
 Therefore, the legal regulation of the collection of biometric data is extremely important and relevant, as many issues remain unsettled at the legislative level.
 Today, the current system of automated dactyloscopic records of the Ministry of Internal Affairs of Ukraine needs technical improvement and legal regulation of data collection with respect for the protection of human rights and fundamental freedoms. The authors propose to resolve the issue of legal support for dactyloscopic registration and other biometric data by adopting a law on biometric registration, which would define its types, the order of formation and use. Researchers consider it necessary to implement multimodal biometric technologies that can search for several biometric parameters with the possibility of combining them.

On the concept and content of the prosecutor’s legal claims in the administrative delict aspect

The article is devoted to the essence of the concept and content of the prosecutor’s legitimate demands in the administrative delict aspect. The author emphasizes that the prosecutor’s legitimate demands are an important guarantee of ensuring law and order in Ukraine. They contribute to the protection of human and civil rights and freedoms, and the interests of society and the State. However, referring to a specific provision, it is almost impossible to define the concept and nature of such requirements. It is stated that the legal requirements of the prosecutor relate to: maintaining public prosecution in court; representation of the interests of a citizen or the State in court; supervision over the observance of laws by the bodies conducting operational and investigative activities, inquiry, pre-trial investigation; supervision over the observance of laws in the execution of court decisions in criminal cases, as well as in the application of other coercive measures related to the restriction of personal freedom of citizens. It is proposed to understand a request as a certain appeal (letter, notification) drawn up in an arbitrary written form, submitted or sent by an authorized entity to the addressee. The peculiarities of the prosecutor’s legal claims include the following: 1) regulated by the provisions of various laws; 2) implemented by the prosecutor within various types of proceedings/procedures; 3) official in nature; 4) mostly made in writing; 5) binding in nature; 6) failure to comply entails liability for the subject (addressee); 7) issuing requirements beyond the scope of authority entails liability for the prosecutor as provided by law. The author concludes that the effective and professional exercise by a prosecutor of his/her powers, including the right to make legal demands, depends not only on his/her compliance with the rules of procedural law, but also on the quality of the rules themselves. The problem may be solved by directing further scientific research to amendments and additions to the current legislation with regard to specifying the essence of the prosecutor’s legal claims.

Democracy, Peace, and Religion in Nigeria: Can Religion Be Used to Consolidate or Undermine Democracy and Peace?

This study looks at the relationships between religion, democracy, and peace. It is based on this premise that this article examines how religion is used to consolidate democracy and promote peace in societies, using Nigeria as its framework of analysis. Using the qualitative method of analysis where emphasis is placed on primary and secondary documents, which involve articles, reports, and newspaper articles triangulating with key informant interviews (KIIs) and stakeholder analysis, the findings of this article suggest that religion plays a significant role in the consolidation of democracy and peace given its important place in advocating some principles and ideals of democracy, which involve equity, fairness, freedom, pluralism, respect for diversities, and defending minority rights, amongst others. However, challenges associated with the weaponization of religion to pursue selfish political agenda and interests by both religious and political elites in Nigeria has become more of a norm than what is expected between both variables. This has helped in the creation of a hostile and unstable political environment, and in the pervasion of democratic and political institutions and agencies responsible for promoting accountable leadership, good governance, representative governance, political interference, and repressive policies, limiting the rights and freedoms of citizens who continue to impede the enhancement of a strongly consolidated democratic culture and peace in transition democracies such as Nigeria. This article suggests the need for relevant actors to ensure that institutions of the state are strengthened to provide the dividends of democracy. This can be achieved by addressing the challenge of the negative use of religion by the elites to advance unholy political interests and agenda. It is also important to create machinery to address the structural problems that breed poverty; political, economic, and social exclusion; and human rights abuses, limiting political and electoral freedoms. Addressing these challenges also requires relevant stakeholders and actors to understand that the process is multi-pronged, which also requires acknowledging, accommodating, and accepting individual and group diversities and, above all, requires the patience and the political will of these actors to ensure its actualization. Addressing these concerns will significantly strengthen and enhance the consolidation of democracy and peace in fragile and transition societies.

Ways to Improve Legal Mechanisms' Efficiency in Protecting Human Rights and Freedom

Objective: The purpose of this article is to investigate the results of the operation of the main legal mechanisms for the provision and protection of human rights and freedoms, and, based on the results obtained, to formulate possible ways to increase the efficiency of these mechanisms.
 
 Theoretical framework: As the main branches of the legal system, human rights and freedom have been troubling the minds of our scientists since ancient times. Famous scholars devoted their works to studying and explaining these issues, for example, S. Montesquieu, T. Jefferson, I. Kant, J. J. Rousseau, Spinoza, G. Grotius, D. Locke, and others. They made a great contribution to researching the issues of human rights in general.
 In their research, the authors used articles, textbooks and monographs of scientists who previously conducted extensive research on this topic. In particular, the work of such scholars in the field of human rights as S.S. Alekseev, D.D. Nevrik, E.M. Solovyova, G.P. Luparev, E.K. Nurpeisov, E.A. Anufriev, A.G. Berezhnov, L.D. Voevodin, N.V. Vitruk, V.A. Kartashkin, S.A. Komarov, V.A. Kuchinsky, V.M. Kuritsyn, E.A. Lukasheva, A.Ya. Azarov, N.I. Matuzov, G.V. Maltsev, V.S. Nersesyants, V.A. Patyulin, V.M. Chikhvadze and B.S. Ebzeev were studied. Kazakh scientists who have covered the aspects of human rights in their research include: Zh. D. Busurmanov, G. K. Iskakova, E. K. Nurpeisov, S. Zhursimbaev, A. S. Ibraeva and V. V. Mamonov.
 
 Method: In this study, special attention is paid, first of all, to the study and analysis of the effectiveness of the main legal mechanisms operating in the world to ensure the protection of human rights and freedoms. Through understanding the performance evaluation of these mechanisms, I tried to achieve the goal of the study. Due to the limited volume, this article focuses only on the main and widely used mechanisms in the field of ensuring and protecting human rights.
 To achieve this goal and to substantiate the research results, the norms of the general theory of law and special practical methods of cognition used in legal science were applied.
 In the course of the research, the following methods of scientific knowledge were used: dialectical, comparative legal, formal logical, dialectical and the method of systemic structural analysis.
 
 Results and conclusion: It can be expected that when determining further prospects for increasing the effectiveness of international institutional and legal mechanisms in the field of human rights protection, directly from the state, the following should be done:
 
 raising public awareness and transparency in the activities of public authorities;
 reporting of the state under the UPR on the work done, in accordance with the actual quantitative and qualitative indicators;
 creation of systems for monitoring and evaluating the actions of states at the national, regional and international levels;
 close cooperation between the government and human rights organizations;
 ensuring the independence of judges from the authorities;
 observance of budget financing of programs for the realization of human rights, taking into account the obligations assumed before international bodies;
 in the context of the pandemic caused by the COVID-19 virus, the government should adopt such sanitary standards as will be necessary for the most vulnerable members of society.
 
 
 Originality and value: The article examines the existing legal mechanisms of international, regional and national organizations that protect human rights and freedom, and offers recommendations to improve the effectiveness of these mechanisms. This study shows that the main responsibility for the observance and protection of human rights lies with the state itself. A condition for the observance of an individual's human rights and freedoms is the existence of the duties of other citizens and the state, which are established through legislation. The article reveals that it is to strengthen the coordination of activities and interaction between the authorized state bodies, as well as to combine, if necessary, the "special" powers of these bodies in order to increase the responsibility of the state for ensuring the rights and freedom of citizens. At the same time, many legal mechanisms for the implementation of human rights in the modern world are not entirely effective and require special attention from the state and academic research. Examples of these important rights include gender equality between women and men; the human right to personal data in the digital world; the rights of national and non-traditional minority groups; the right to religion in African countries.

PUBLIC-AUTHORITY SERVICES AS AN ADMINISTRATIVE-LEGAL MEANS OF ENSURING THE REALIZATION OF HUMAN RIGHTS IN RELATIONS BETWEEN TAXPAYERS AND SUBJECTS OF PUBLIC ADMINISTRATION

In the article, public-authority services were characterized as an administrative-legal means of ensuring the realization of human rights in relations between taxpayers and subjects of public administration. It was found that the study of public-power services as administrative-legal means of ensuring the realization of human rights in relations between taxpayers and subjects of public administration emphasizes the need for significant changes in administrative-legal regulation, which in modern conditions is aimed at achieving the following tasks: 1) regulation of management activities in tax authorities; 2) introduction and regulation of democratic, transparent and civilized relations between tax authorities and taxpayers, taking into account the ideology that can be traced in the provisions of the Constitution of Ukraine – «the state’s service to human interests»; 3) ensuring the fullest possible implementation of human rights and freedoms in relations between taxpayers and subjects of public administration; 4) creation of effective and efficient protection of these rights and freedoms in case of their violation by public administration bodies, in particular, tax authorities. It has been established that the study of public-power services as administrative-legal means of ensuring the realization of human rights in relations between taxpayers and subjects of public administration covers the sphere of public relations, which is bypassed for various objective and subjective reasons as representatives of administrative, and tax law. It is proposed to define public-authority services as services provided by subjects of public administration with the aim of ensuring the rights, freedoms and legally protected interests of persons in the public-law sphere. In connection with the fact that the taxpayer is a participant in legal relations for obtaining public-authority services, it is proposed to include this group of relations in the subject of administrative-legal regulation, because administrative law considers tax authorities as a type of subjects of public administration. If public-authority services are considered as the result of the activities of public administration subjects in the sphere of realization of the rights and freedoms of citizens in the public-law sphere, then they should be classified as administrative-legal means that ensure the realization of the rights of private individuals in public-law relations.

The essence and significance of ensuring the independence of the prosecutor’s office in Ukraine

It is emphasised that ensuring the independence of the prosecutor’s office in Ukraine is a necessary step to increase trust in justice, fight corruption and ensure justice in society. This will contribute to building a strong rule-of-law state where every citizen has equal rights and can count on a fair and objective consideration of their cases.
 It is established that the independence of the prosecutor’s office is a principle and, at the same time, a state in which the prosecutor's system functions independently of the influence of external factors, including political and economic factors, as well as other persons, ensuring freedom to perform its functions and powers on the basis of the law and the principles of justice. This includes impartiality, objectivity, integrity, absence of corruption and the ability of prosecutors to act in the public interest, ensuring the protection of the rights and freedoms of citizens.
 It is determined that the importance of ensuring the independence of the prosecutor's office is due to the following factors: prevention of political influence on the investigation process, which ensures the objectivity and integrity of justice; improves the effectiveness of the fight against corruption and crime; acts as an additional guarantee of protection of the rights and freedoms of citizens, since an important task of the prosecutor's office is to ensure legal equality, combat human rights violations and protect the interests of society as a whole; ensures increased public confidence in justice and the system of law enforcement.

Legal status of public control entities over the activities of the National Police in Ukraine

The article analyses and clarifies the concept of public control over the activities of the National Police in Ukraine. Public control over the activities of the police is defined as a targeted activity of the organised and unorganised public regarding the quality of police activities and the effectiveness of the tasks and duties assigned to police representatives. The importance of public control over the activities of law enforcement agencies in terms of building a democratic state with an active civil society is emphasised. Public control is an instrument of public assessment of the implementation of public tasks by law enforcement agencies. Control over the activities of the National Police in Ukraine allows to regulate the relationship between the government and the community, which is an integral feature of all democratic states. The specificity of public control, in comparison with other types of control, is the subject-object sphere, which is manifested in the public's control. In the process of public control, the implementation of social tasks directly related to the protection and realisation of the rights and freedoms of citizens, as well as satisfaction and harmonisation of social needs and interests of the population is monitored. The main forms and subjects of public control are defined. Public control over the activities of the National Police can be carried out by individual and collective, organized and unorganized subjects whose activity profile is general or law enforcement oriented. According to their legal status, the subjects of public control over police activities can be natural or legal entities of private law and associations of citizens without the status of a legal entity. Important subjects of public control over the activities of the National Police in Ukraine are mass media, public councils and public organizations. It has been concluded that public control allows to improve the quality of police activities and to influence the implementation of changes in the activities of the National Police in Ukraine, which is especially important during a full-scale war.

Levels of Knowledge of Law: Questions of Methodology

Introduction. One of the main issues of fundamental jurisprudence is the problem of the epistemology of law. Law is a complex social phenomenon in terms of content, forms of manifestation, and ideological guidelines (ideals). The phenomenon of law is understood differently; it is understood as: the order of the sovereign, the means of ensuring security, the means of class compromise, the natural rights and freedoms of citizens, the measure of freedom, the measure of labor and consumption, imperative-attributive emotions, the restriction of the external freedom of a person, the self-limitation of the state, the existence of free will, the divine will erected the will of the economically dominant class, the will of the whole people, the protection / delimitation of interests, universal human value, the minimum of morality, the result of the inaction of morality, etc. into law. Each approach to the definition of law is accompanied by a system of logical arguments and reveals one of the sides of this social and normative regulator. Theoretical Basis. Methods. The purpose of this work is to study the levels of knowledge of law as a socio-cultural phenomenon. To achieve this task, the following tasks are solved: an analysis of law as the most important social regulator of human activity; law is revealed as part of a person’s spiritual life; the main theoretical and methodological levels of knowledge of law are analyzed. The following methods were used in the course of the study: analysis and synthesis, hermeneutic, comparative approach. Results. The author came to the conclusion that in the science of law there are several levels of knowledge of law: 1) the encyclopedia of law involves a summary of the branch of legal sciences; it combines (consolidates) a huge array of factual information and expands the amount of knowledge about law, society, and the state; 2) the theory of law (general theory of law, theory of state and law), as inductive knowledge, extracts the general principles of law from the empirical material accumulated by branch sciences, creating a methodology for studying political and legal phenomena; 3) the philosophy of law deductively builds the doctrine of law, focusing on the desired ideal for the thinker (legal, political, social, personal, ethical, religious, etc.), thereby revealing the value nature of the legal phenomenon. Discussion and Conclusion. Philosophy and theory of law are independent sciences and disciplines. The article shows some differences and common features of the theory and philosophy of law. At the same time, the author emphasizes that all thinkers, both philosophers of law and theorists, build their concepts based on the position that law is a universally binding rule of behavior, and not descriptive maxims of science or political declarations.

Law enforcement agencies in the system of subjects of human rights protection and defence

Law enforcement agencies are a separate type of public authorities whose main task is to protect and defend the rights and freedoms of citizens through the implementation of preventive, criminal procedural, administrative and jurisdictional, and operational and investigative functions. The list of law enforcement agencies of Ukraine includes: The Security Service of Ukraine, the National Police of Ukraine, the State Bureau of Investigation, the Bureau of Economic Security of Ukraine, the National Anti-Corruption Bureau; the State Border Guard Service of Ukraine, the Military Law Enforcement Service, the National Guard of Ukraine, the State Penitentiary Service; the State Forest Resources Agency of Ukraine, the State Fisheries Agency, etc. It is proved that it is inexpedient to include into law enforcement agencies the state bodies which have control and supervisory or service functions, or which enforce court decisions or carry out professional activities in the human rights sphere (lawyers, the Human Rights Ombudsman, etc.). In order to unify legislative and scientific approaches to determine the characteristics and list of law enforcement agencies, it is concluded that it is necessary to adopt a separate Law of Ukraine "On Law Enforcement Agencies", as well as to make further amendments to the normative acts regulating the legal status of the relevant state bodies.

The experience of the countries of the European Union regarding the protection of the rights and freedoms of citizens in penitentiary institutions

The article conducts a theoretical and legal study of the experience of the European Union countries regarding the protection of the rights and freedoms of citizens in penitentiary institutions. The methodological basis of the study was the dialectical method of studying social processes, a systematic approach, general provisions of philosophy, theory of the state and law, constitutional, criminal and criminal law, criminology, psychology and private scientific methods of knowledge: historical, comparative legal, sociological and logical . An analysis of international standards for the treatment and detention of convicts was carried out, issues related to the protection of the rights of individuals, ways of implementing the norms of international legal acts that enshrine human rights and freedoms into national legislation were determined. The rights of persons held in correctional institutions are a set of natural and acquired rights, protected by the state, of persons serving a sentence in the form of deprivation of liberty, enshrined in normative legal acts. The legal interest of convicts understood as the established, state-protected right to realize the convicts’ aspirations to own significant goods, which depends on the fulfillment of a number of conditions established by law. The relevant international standards analyzed and critically evaluated the Minimum Standard Rules for the Treatment of Prisoners, the European Penitentiary Rules, the Tokyo Rules, the practice of the European Union in the field under investigation. The existing standards of restrictions on the rights of prisoners in France, Great Britain, the Federal Republic of Germany, Spain, and Italy reviewed and commented on. The process and problems of implementation of the standards of limitations of rights stipulated in the regulatory legal acts of Ukraine and implementation of the experience of the European Union countries described. It noted that the priorities in the field of execution of punishments in accordance with the Strategy for reforming the penitentiary system for the period until 2026 are: ensuring human rights, observing the minimum standard rules for the treatment and detention of convicted persons, increasing the effectiveness of the criminal enforcement system.

The place and importance of the Security Service of Ukraine in the implementation of the administrative and legal mechanism for ensuring the rights and freedoms of citizens

In the article, I will consider the essence of the rights and freedoms of a person and a citizen. The definition of the concept of “administrative-legal provision of the rights and freedoms of citizens” is provided, taking into account that this legal phenomenon should be understood as the activity of public authorities regulated by legislation, the content of which is the creation of conditions for the realization, protection and protection of citizens’ rights through legal means. The content and features of the implementation of administrative and legal means of ensuring the rights and freedoms of a person and a citizen by public authorities are disclosed.Emphasis is placed on one of the key directions of implementation of the law enforcement function of the state through ensuring the safety of people, society and the state as a whole, with the aim of achieving a state of legal protection of vital public and private interests. The important place in the system of the relevant subjects of the SSU powers of authority is emphasized. The system of this state institution is built in the form of a central management unit, a regional unit, a specialized unit, a research and educational unit, a specialized unit, and their content of activity are also characterized.The specifics of the administrative and legal status of the bodies and units of the Security Service of Ukraine were determined, and the essence of their external and internal administrative activities while guaranteeing the effective functioning of the national mechanism for ensuring human rights was revealed. With this in mind, the main functions of the SSU in the relevant field are specified, including preventive, counterintelligence, law enforcement, information and analytical, scientific and technical, national security, criminal justice, international legal, interdepartmental and partnership function function.

Analysis of the constitutional and legal mechanism for the protection of constitutional human rights in the special conditions of modern times

The article is devoted to highlighting the issue of introducing a legal regime of martial law in Ukraine and the mechanism for protecting the impact of these restrictions on the constitutional rights of a person and a citizen in special conditions. Today, at the legislative level of our state, a certain system of rights, freedoms and responsibilities of a person and a citizen is established, the implementation of which guarantees the activity and development of the state on democratic, social and legal bases. However, constitutional rights and freedoms are endowed with the highest legal force, most of which, of course, are not absolute, because their exercise can be legally limited. Yes, such restrictions may apply to issues of public health protection, public and state security, territorial integrity, rights and freedoms of citizens, ensuring law and order, etc. But, analyzing and researching this issue, the authors paid and focused attention on those cases that focus on issues related to the basic rights and freedoms of a person and a citizen in the special conditions of these legal regimes, and are disclosed in accordance with the articles of the Constitution of Ukraine, the main laws that regulate this question, namely: “About the legal regime of martial law”. In view of the events taking place in our state, the specified normative acts have come into effect and entered into legal force throughout the territory of our state. In this regard, the question of the need to develop and improve normative legal acts that will properly secure and protect a person and a citizen of our state in conditions of restrictions, both from a practical and a scientific-theoretical point of view, arises acutely.Today’s challenges for the legal system of Ukraine and its citizens have opened a new page in the legal and legislative field of our country, which certainly focuses attention on the fact that, consolidation, regulation and creation of new laws is rapidly changing, but in turn, constitutional and legal mechanisms for the protection of rights and human and citizen freedoms must function at the highest level under any conditions. The authors worked out and focused attention directly on the legal nature of inalienable human rights, which usually have an imperative nature for current states, and have a direct impact on their activities, because the state is entrusted with the duty to ensure, guarantee and protect these inalienable rights. If, after all, these rights are to be limited, then the authorities must explain the reasons for the introduction of such measures, especially in special conditions.

Interference with the activities of a defense counsel or representative of a person: criminal law and criminology dimension.

The article analyzes the criminal law and criminological characteristics of the criminal offense under Article 397 of the Criminal Code of Ukraine. The author notes that this criminal offense has a complex structure of the direct object, since interference with the activities of a defense counsel impedes not only the exercise of a person’s right to defense, but also the right to legal aid, and on this basis the author suggests that the direct object of interference with the activities of a defense counsel should be social relations which exist in connection with the activities, performance of duties and ensuring the rights and legitimate interests of certain subjects.The author points out that from the objective side, the criminal offense under study is expressed in any form of interference with the lawful activities of a defense counsel or a person’s representative in providing legal aid or violation of the guarantees of their activities and professional secrecy established by law. It is assumed that this encroachment is possible only in the case of an intentional form of guilt with the aim of obstructing, changing or terminating the provision of legal aid, and this direction of criminalized activity is the purpose of this offense.The article analyzes certain official statistics on criminal offenses in the area of interference with the activities of a defense counsel, attorney or representative of a person and the results of their investigation, which determine the existence of problems in this area for the period from 2015 to June 2023 includive. It is proven that the mechanism for protecting the professional activity of defenders (lawyers) in Ukraine is ineffective, which significantly reduces the possibilities for effective protection of the rights and freedoms of citizens and public interests. The identified issues require larger-scale scientific research with appropriate justification and the development of more effective mechanisms to protect the activities of defenders (lawyers) and representatives of the person.

‘Due to the Special Circumstances…’: Dutch Legislation Relating to Internal and External Threats, 1914–1920

ABSTRACT Dutch security policy was based on the unshakeable premise of strict armed neutrality in any subsequent European conflict. In no way could pretexts be given to belligerents to actively involve the Netherlands in a European war. International law and internal legislation restricting the behaviour and freedoms of citizens were, next to the army, to be the main lines of defence. Parliamentary control had to remain intact. However, the legislation, already prepared before 1914, proved insufficient, especially after 1917, to deal with the growing dangers, including ideological ones. New legislation, especially directed against perceived internal and external Bolshevik threats, gave the state new powers over both aliens and its own citizens that had been thought unthinkable a short time before. Except over intelligence services, however, Parliament continued to have the final say.