Freedoms Of Man Research Articles

Szabadság és törvény : Régiek törvénye, modernek jogai

Hogyan egyeztethető össze a törvény parancsa a szabadsággal? Az antik válasz a természet klasszikus fogalmából indult ki, a keresztény a szabad akaratból, a modern az individuum politikai jogaiból. Az antik szabadság a természeti törvényekhez való alkalmazkodást tanította, a keresztény szabadság a bűnnel való harcot, a modern szabadság pedig a szerződés révén konstruált állam által nyújtott garanciákat hangsúlyozza. Az antik és a keresztény szemléletben az emberi racionalitás véges, korlátozott, a modernben ezzel szemben korlátlan. Az előbbiek a törvényt abszolútnak tekintik, míg az utóbbi az emberi racionalitás által folyamatosan relativizált törvényfogalmat használ. A modern felfogás előbb Istent, majd a természet fogalmát is kiiktatta a szabadság értelmezéséből, kizárólag politikai alku tárgyává tette, ily módon relativizálta a törvényt, a természetet, a közélet és a magánélet közti határvonalat. Középpontban az individuum felfedezése áll. A jelen írás a törvény relativizálásáról, a régi és az új szabadság összehasonlításáról, illetve a modern totalizáló politikafelfogásról szól.

O teološko-filozofskim učenjima mutazilitske škole

The paper discusses several issues that were in the centre of interest of the most important representatives of the Mu'tazilite school. It is a concept of God's absolute transcendence presented through rational arguments. The transcendence of God also becomes a central theological-philosophical question in Abu Hudayl, Vasil Ibn Ata, Jubai, Nazzam, Abu Hashim and others. The whole theory of Mu'tazilites about divine properties, modes, or states functions as proof of divine transcendence and the idea of creation clothed in philosophical form. These theories cannot be validly formed unless the notion of the oneness of God (tawhid) is abstracted. Mu'tazilites add another category to this notion, which has a metaphysical meaning, and that is divine justice, which they relate to ethical concepts, that is, to man's freedom and responsibility.

Ethics in the secular and religious life of man

This paper is devoted to the study of ethics in the context of secular and religious life. The article postulates that religious ethics is addressed to the spiritual world of a person for whom the criteria of moral development are constant. Within the limits of secular ethics the norms of morality are dictated by public moods and fashion at a certain time period. An important feature of religious ethics is its appeal to faith in God, and therefore it is designed to promote the spiritual salvation of man. Secular ethics is focused on the socialization of the individual in the team and ensuring his physical security. Modern society proclaims the freedom of man in choosing between secular and religious ethics, however, social realities and features of the information space predispose people to focus on secular ethics. Of particular importance here is the Russian Orthodox Church, it is important to avoid participation in the political struggle between various secular parties that do not enjoy authority in the eyes of society.

Principles of Activity of the Rapid Border Response Units of the State Border Guard Service of Ukraine

The concept and content of principles of activity of the Rapid Border Response Units of the State Border Guard Service of Ukraine are considered in the article. Approaches to defining and classifying principles are analysed. Taking into account the analysis of the content of the concept of “principle”, it is concluded that the principles of activity of the units of rapid response of the State Border Guard Service of Ukraine are considered as the corresponding basic requirements and typical rules of activity of units of the response of the State Border Guard Service of Ukraine, which must be addressed to the State Border Guard Service of Ukraine under any terms of service. As a result of research of scientific works and legislation among the principles of activity of the units of rapid response units of the State Border Service of Ukraine the author outlines general and special principles. The general principles inherent in rapid response units, as well as the whole system of bodies of the State Border Guard Service of Ukraine, include: legality; respect and compliance to the rights and freedoms of man and citizen; non-partisanship; continuity; combination of overt, covert and conspiratorial forms and methods of activity; unity; collegiality in the development of important decisions; interaction with state authorities, local self-government bodies and public organizations in carrying out the tasks assigned to the State Border Service of Ukraine; openness to democratic civilian control. The author distinguishes the special principles of activity of the units of rapid response into two groups: the principles of completing and functioning of these units. Principles of manning determine the requirements for servicemen who complete the rapid response units, they are fundamental, because they affect the quality of the implementation of tasks assigned to such units. Principles of manning can be described as preliminary, introductory, but adherence to them determines the future professionalism of rapid response units when they are created. The principles of functioning of the Rapid Response Units include: the constant readiness of the units to confront existing and potential threats to national security at the state border; high maneuverability; conformity of forms, methods and means of activity of complexity of the situation existing on the state border; comprehensive information support; maintaining the image of the border service; rapid establishment of interaction within the framework of the OUF; interaction with the population on the basis of partnership. It is concluded that the peculiarities of the activities of these units are determined by special principles, which in turn are principles of manning and functioning.

Influence of Speed Information Transfer on Safety of Society

The article is sanctified to research of influence speed of information transfer on informative safety of society. An author extrapolates the outlined problem through the prism of laws of physics, what a conclusion allows to do about dependence of destructive energy of information on three indexes - volume, closeness and speed of distribution. In case of opposition of two (or more) opponents, possibility of informative threat is determined exactly by these parameters of the informative systems of each of them. With development of informational technologies speed of distribution of information arrives at velocity of light, that increases importance of comparison of volume and closeness of information. A researcher insists on a necessity creation of such an administrative-legal paradigm that would provide the free and safe stream of information into society, at maintenance of rights and freedoms of man and citizen.

Self-Discipline Factors based on Islam Training Thought

Self-discipline is “to address oneself, shape and direct vital activities, correct motivations, and consider the ultimate destination and orientation of activities to be for the satisfaction of God. Therefore, in this article, by referring to the Qur'an and Islam, the grace of God and the blessing of God are introduced as the most important elements of cultivation and education. But the main responsible factor in charge of correcting and training the soul is human being himself. Human beings hear about sicknesses and illnesses from the Holy Quran and the holy Shari'ah, but the one who ultimately has to find out about his illness and take special medicine is man himself. In this regard, self-discipline characteristics such as individual responsibility, stability, having firm belief in freedom of man, monitoring our actions to have self-discipline and some tools such as repentance, to know God observant and not to be to much ambitious which help individuals train themselves have been studied. The research method in this paper is library descriptive.

Psychological and Legal Determinants of the Professional Legal Identity of the Lawyer

Radical changes in the domestic legal life have a large impact on the understanding of law, legality, nomocracy, law-making and law-enforcement activities, legal culture, human and civil rights and freedoms. That is why the most expedient is the study of professional legal consciousness, taking into account the essence of the phenomenon of “legal consciousness”, which is studied through the prism of the basic provisions of the psychological, sociological and communicative theory of law. Such an approach creates the preconditions for research and professional justice of the lawyer, the essence and features of which are specified in the content of legal psychology and legal ideology, in the system of legal knowledge, representations, values orientations inherent to lawyers. The professional legal consciousness of a lawyer determines the role of law-making and law-enforcement activity and acts as an important guarantee of the rights and freedoms of man and citizen, ensures the perfection of the form and content of sources of law. The system analysis of the professional activity of the lawyer proves that this activity is a multilevel hierarchical entity in which legal consciousness is a component of the higher, socio-psychological level of the organization of the behavior of the individual. In constant interaction with other levels of personality development as a holistic functional system, the expert’s legal consciousness acts as a psychological mechanism of motivation and selfregulation of professional activity. The analysis of objective factors of lawyer’s development allows the lawyer to identify the main determinants of this process as a system of social phenomena such as the socio-economic structure of society, the level and categorical structure of social justice, norms of morality and law, the system of general and vocational education. The most important subjective-psychological factors of the development of professional justice of a lawyer is a system of assimilated legal concepts-categories and principles on which the psychological structure of his professional law-enforcement activity is based. The leading role in the state of the legal profession of lawyers has a scientific, theoretical, professional legal knowledge, including knowledge of domestic and European jurisprudence

MAIN APPROACHES TO DETERMINING THE EFFECTIVENESS OF FORENSIC EXPERT ACTIVITY: ADMINISTRATIVE AND LEGAL ASPECTS

One of the most significant indicators in the law is the effectiveness of administrative-legal regulation. The development of the field of forensic expert activity and its stable functioning are directly related to the level of efficiency of its administrative-legal regulation.
 At the present stage of development of our country, the problem of assessing the effectiveness of law is becoming increasingly relevant. Europeanization of Ukraine requires a new understanding of the problems of the interaction of the legal system and personality, the search for new approaches to the concept of the effectiveness of administrative law, including in the field of forensic expertise.
 To objectively reflect the trends in the development of public life and the effective resolution of problems, administrative law in Ukraine needs to be reoriented from the state center-centered to human centered ideology, whose purpose is to ensure the rights and freedoms of man.
 Activities aimed at ensuring the effectiveness of administrative and legal regulation of forensic expert activity should be based on a well-balanced scientific basis. At the same time, today, the assessment of the effectiveness of the legal acts regulated by forensic expert activity in Ukraine is not ensured by a sufficiently universal scientific teaching and practical recommendations for its realization. It should also be noted that there is no comprehensive study devoted to the effectiveness of administrative and legal regulation of forensic expert activity in Ukraine.
 Аnalysis of the concept of effect, effectiveness is made in the article. Conditions and factors that may have an impact on the effectiveness of legal norms are considered. The scientific principles for determining the effectiveness of administrative and legal regulation of forensic-expert activity are investigated.

PROBLEMS OF THE USE OF LEGAL MEANS FOR DETECTING VIOLATIONS OF LAW IN THE INTERNET

The authors investigate the problems of the use of legal means by the prosecutor’s office in order to detect violations of law in the Internet. The relevance of the research is due to the mass distribution of information aimed at violating the constitutional rights and freedoms of man and the citizen and, thereby, undermining the foundations of legal society. Minors as a particularly vulnerable category of citizens are more susceptible to harmful information in the Internet. The article provides statistics on the distribution of illegal content, which is gaining momentum every year. It is noted that the law does not regulate the procedure for carrying out the prosecutor’s check in the virtual space. Possible ways to solve this problem are presented.

APPLICATION OF SAFETY MEASURES TO PARTICIPANTS IN CRIMINAL PROCEEDINGS ON THE PART OF THE DEFENCE

The article formulates the problems of procedural regulation of ensuring the safety of participants in criminal proceedings on the part of the defense in the process of criminal proceedings. It is noted that despite the hasty division of the participants in the criminal process into groups in accordance with the procedural function performed by them, the need to separate the participants in criminal proceedings standing upon the interests of the defense into a separate group is not disputed. Attention is drawn to the fact that the principle of protecting the rights and freedoms of man and citizen in criminal proceedings does not fully regulate the adoption of appropriate measures to ensure the safety of participants in the criminal process for the realization of their rights and interests. The necessity of making amendments and additions to the Code of Criminal Procedure of the Russian Federation (as the main source of criminal procedure law), as well as a number of other legislative acts related to the protection of human and civil rights and freedoms and to ensuring the safety of participants in criminal proceedings in all areas, is substantiated.

Федеральная служба войск национальной гвардии Российской Федерации в системе органов обеспечения государственной и общественной безопасности

The article is devoted to the created powerful Federal Executive body – the Federal service of the Russian Federation national guard troops. The authors emphasize that the creation of this body was due to the desire to protect the rights and freedoms of man and citizen, and to ensure state, public and information security, which are the most important elements of the national security of the country. The tasks and powers of the Russian Federation national guard troops are described.

SOME ISSUES ARISING IN THE APPLICATION OF THE PROVISIONS OF ARTICLE 72 OF THE CRIMINAL CODE IN THE WORDING OF THE FEDERAL LAW AS OF JULY 3, 2018 № 186-FZ AND POSSIBLE SOLUTIONS

The Constitution of the Russian Federation stipulates that the Russian Federation is a state in which man, his rights and freedoms are the supreme value, and recognition, observance and protection of the rights and freedoms of man and citizen the duty of the state; the rights and freedoms of man and citizen in the Russian Federation admit and guaranteed according to universally recognized principles and norms of international law and in accordance with the Constitution of the Russian Federation, they determine the meaning, content and application of laws and guaranteed by law. It is the responsibility of the courts to administer justice in order to realize the legitimate rights and interests of both society and the individual. The principle of inevitability of punishment assumes that society not only has the right to punish a person for violations committed, but at the same time, it has the right to alleviate the fate of a person found guilty by a court verdict.

Appropriate Correspondence with the Needs of Enforcement Practice: Myth or Reality

The modern features of the formation of judicial investigative and prosecutorial and supervisory practice are analyzed, attention is focused on how the decisions of the highest court exert influence on these processes. The authors analyze the shortcomings of the decisions of the Plenum of the Supreme Court of the Russian Federation dated December 25, 2018 No. 46 “On some issues of judicial practice in cases of crimes against constitutional rights and freedoms of man and citizen (Articles 137, 138, 138.1, 139, 144.1, 145, 145.1 of the Criminal Code of the Russian Federation )» and dated November 29, 2018 No. 41 “On judicial practice in criminal cases concerning violations of labor protection requirements, safety rules during construction or other works, or industrial safety requirements of hazardous production facilities”.

HUMANITARIAN CONTEXT OF THE PRINCIPLES OF THE JUDICIARY IN THE CONSTITUTIONS OF THE COUNTRIES OF EASTERN EUROPE

Purpose: The article is devoted to the comparative analysis of norms of the constitutions of the countries of Eastern Europe in connection with the identification in them of the principles of the judiciary, enshrined in the special sections on the rights and freedoms of man and citizen.
 Methodology: The study was based on the dialectical approach to the disclosure of legal phenomena and processes using general scientific (system, logical, analysis and synthesis) and private scientific methods. Among the latter are formal legal, legal linguistics, comparative-legal, which were collectively used to identify the principles of the judiciary.
 Result: As a result, the author substantiates the framework constitutional approach of conjugation in the formalization of subjective rights with their guarantees of implementation by the judiciary on the basis of the principles established for them. Among the latest principles are the following: independent and unbiased court, universal and procedural equality in judicial; presumption of innocence; publicity of court proceeding and pronouncement of a verdict. The studied constitutional provisions also reveal other principles of the judiciary, which were solitary instances of the claimed combination with subjective rights, but did not receive a consistent mass distribution.
 Applications: This research can be used for universities, teachers, and students.
 Novelty/Originality: In this research, the model of the Humanitarian Context of the Principles of the Judiciary in the Constitutions of the Countries of Eastern Europe is presented in a comprehensive and complete manner.

The Right to Insolation in the System of Human Rights (on the Example of the Russian Federation)

The article studies the general description of the modern Russian concept of human rights in dynamics. The authors use the established methodological approaches to the analysis of human rights: in the objective sense, as an established system of human rights, and in the subjective sense, as claiming for specific benefits, action, behaviour. There are ‘new’ rights and freedoms of man and citizen, such as human right to insolation (right to sunlight). Based on this methodological approach, the authors understand this right in an objective sense as the set of rules governing the legal relations in the field of insolation. Thus, the right to insolation is interpreted as a legal regime, characterised by a set of rules that provide a certain level of solar energy. In the subjective sense, the right to sunlight is a combination of powers belonging to the individual in the realisation of their ability to use sunlight. The authors believe that the right to insolation is complex and is a component of the right to health, the right to housing, the right to favourable environment, etc. for the best implementation of its need to consolidate and develop in federal law

WAYS TO IMPROVE OF THE ACTIVITIES OF THE NATIONAL POLICE TO ENSURE THE RIGHTS AND FREEDOMS OF MAN AND CITIZEN

Formulation of the problem. The issue of regulating the protection of human and citizen’s rights and freedoms by the National Police of Ukraine has come a long way in its formation and development. Issues of legislation in the sphere of protection of human and citizen’s rights and freedoms, which acted on the territory of Ukrainian lands within the territory of modern Ukraine, were adopted by different subjects, had different legal force, tasks, updated depending on the development of social relations. In modern legal science, the problem of ensuring the rights and freedoms of a person and a citizen by the National Police has several areas – it is the legislative support for such activities and the competencies of the National Police to ensure public order and public security. To date, a new regulatory act, the Law on National Police, has been adopted.Objective: To determine the optimal directions for improving the activities of the National Police to ensure the rights and freedoms of the individual and citizen as a component of public security. The article deals with the problem of organizational and legal improvement of the activities of the National Police in the field of ensuring human and civil rights and freedoms.The authors suggestions on methodological, scientific and organizational mechanisms of improvement processes are presented. The category of public security is presented as an integral part of ensuring the rights and freedoms of man and citizen. The levels of the process of improvement are determined, as a result of which the concept of a service state as an element of ensuring the rights and freedoms of man and citizen by law enforcement bodies is formed.The algorithm for developing a mechanism for providing public security consists of several basic levels.The first level defines the «scientific» concept of «the phenomenon of public security of Ukraine» as an element of ensuring the rights and freedoms of man and citizen in the following areas: a) determining levels of mechanism for ensuring public safety in the activities of the National Police; b) structuring and modeling the interaction of law enforcement structures within the framework of ensuring public safety; c) optimization of models of ensuring public safety from the standpoint of the activities of the National Police in the field of the protection of human and civil rights and freedoms.The second level determines the possibility for theoretical and practical experiments on modeling in the field of public safety: a) options for changing existing models of public safety; b) integration of new elements into the existing mechanism of ensuring public safety; c) the probability of a variation element and the probability of negative results.The third level is practical; it defines the final versions of the implementation of changes in the current model of ensuring public security in Ukraine: a) legislative support; b) public safety management and management; c) the definition of processes of optimal relations in the management and competence of individual units of the National Police.The main result of the implementation of the mechanism of ensuring public security in Ukraine should be the reduction of losses of elements of public security of Ukraine in the occurrence and functioning of situations of threats and dangers, reduction of the level of economic losses and compensation of losses to physical and legal persons caused by the public security of Ukraine, stabilization of the structure of public security of Ukraine on influence various threats and dangers on the activity of public security of Ukraine, establishment of the level of «security stability» of the whole structure publicly of Ukraine’s security to overcome the direct impact of the dangers and threats in the activity of certain subjects of public security of Ukraine in the risk of professional and non-professional nature, reducing the level of influence of the dangers and threats to Ukraine’s social security in relation to other subjects of law in the system of social and public counteraction offense and crime.

Revisiting the Relationship between the Object and Subject of the Constitutional Regulation

Introduction: the theoretical and legal study of the relationship between the object and subject of the constitutional regulation is important for the science of constitutional law, as it eliminates the uncertainty in this matter. Purpose: the theoretical and legal study of the relationship between the object and subject of the constitutional regulation. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of historicism, consistency, analysis and the comparative law method. Results: there has been proposed the author’s point of view to include in the category “the object of the constitutional regulation” the principles of constitutional law, the material and intangible benefits, the values of the individual, society and the state, including the rights and freedoms of man and citizen, the sovereignty and independence of state power, the legal interests. It is they that characterize a special sphere of relations, the area of the constitutional influence, accurately revealing the content of “the object of the constitutional regulation” and its volume. Conclusions: as a result of the theoretical analysis of these scientific categories, the authors come to the conclusion that in its root essence the subject of the constitutional regulation is a derived concept from the object of the constitutional regulation. The authors believe that the subject of the constitutional regulation and the object of the legal regulation are connected by a single theoretical and legal basis.

The Establishment of Petrine-Pushkinian Russia: A Philosophical Perspective

The Petrine-Pushkinian era lasted no more than two hundred years. It originated at the Battle of Poltava, where Russian troops first showed themselves not just equal to the Swedes, who were otherwise the best European troops at the time, but even surpassed them. Russia became a part of Europe. As both poets and historians (Fyodor Tyutchev, Vasilii Kliuchevskii) have said, Peter the Great’s empire rose in response to Charles the Great’s, just as Russian state power rose in response to its Roman-German counterparts. Peter declared Russia an empire in 1721, giving it both a supra-confessional and supranational idea, creating a legal framework, the first step toward freedom of man. Pushkin sang the work of Peter, imbuing the new capital, Petersburg, with a soul. This allowed Georgy Fedotov to call Pushkin a singer of both empire and freedom. The October Revolution of the 1917 and Civil War, that broke out in late 1917, served as the tragic end to the era.

Cormac McCarthy's Violent Destinies: The Poetics of Determinism and Fatalism

Cormac McCarthy's Violent Destinies: The Poetics of Determinism and Fatalism

Тhe Right of people to appeal for the protection of their rights and freedoms to the European Court of Human Rights (ECHR)

The article deals with the right of people to appeal for the protection of their rights and freedoms to the European Court of Human Rights (ECHR). In Ukraine, the problem of optimal organization and effective activity of public authorities in ensuring human rights lies in the sphere of ensuring the rule of law. The assertion and protection of human rights and freedoms is the main function of the Ukrainian state. An important confirmation of the significance of the institution of human rights as an object of protection by international institutions lies in the fact that in the current Constitution of Ukraine there are norms, which establish the inalienability and inviolability of these rights and set up a categorical prohibition on the adoption of laws and other normative legal acts that would restrict human rights or freedoms or narrow their content. However, the mechanisms of protecting human rights in Ukraine under the conditions of the socio-economic and political crisis are not enough effective, since systematic violations are traced. Special attention should be paid to the struggle against organized crime and corruption, which undermine the trust of people in their rights, as well as the ability of the authorities to ensure law and order. It is concluded that the European choice of Ukraine defined its state policy, which is aimed at approaching the living standards of citizens to European standards, rooting European values in all spheres of the functioning of the Ukrainian state and society. In the context of the adaptation of Ukrainian legislation to the EU legislation, the guarantee of human rights is the key to stable partnerships with the EU member states. Therefore, an appeal to the European Court of Human Rights is considered as an additional guarantee of ensuring the rights and freedoms of man and citizen at the international level, as well as the mechanism for their protection in cases where a person is not satisfied with the decision of the domestic court, and there are violations of legal norms. The reflection of standards in the field of human rights, taking into account the national identity, will enable the fullest exercise and protection of human rights, and increase the level of legal culture. Such a system of legal conscience should be aimed at recognizing the axiological content of the rights and freedoms of man and citizen in their combination with the rights of society and the state. However, we believe that Ukraine should continue to make significant efforts to ensure the effectiveness of the Convention for the Protection of Human Rights and Fundamental Freedoms, to create new effective national remedies against its violations, to adapt national legislation to European standards more actively. Thus, the most effective and immediate protection of human rights and freedoms guaranteed by the Convention should be ensured at the national level.