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  • European Convention On Human Rights
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  • New
  • Research Article
  • 10.51249/gei.v6i06.2779
DEMOCRATIC FRAGILITY IN THE ERA OF LIQUID EXCEPTION
  • Jan 5, 2026
  • Revista Gênero e Interdisciplinaridade
  • Anaelisa De Sousa Ramos

The work examines the impact of the Liquid State of Exception, a contemporary concept based on Bauman, on democracies, especially in Brazil, analyzing how it affects the separation of powers and the fundamental freedoms defended by Montesquieu. The concept, more diffuse than the classic one, allows the three branches of government to expand their authority in the name of their interests. The research utilizes a literature review based on Bauman’s “Liquid Modernity” (2000) and Montesquieu’s “The Spirit of the Laws” (1748), in addition to contemporary studies, such as those by Agamben (2003) on the State of Exception. The analysis focuses on the actions of the evangelical caucus in the Brazilian National Congress and its attempts to limit religious freedom, correlating this phenomenon with the erosion of the separation of powers and the advance of the Liquid State of Exception. It is observed that the Liquid State of Exception threatens fundamental rights, weakening the system of checks and balances and compromising Brazilian democracy, especially regarding the religious freedom of religions of African origin. Montesquieu offers theoretical tools to resist this fluidity.

  • New
  • Research Article
  • 10.61838/kman.isslp.396
An Inquiry into Fundamental Human Rights and Freedoms in the Iranian Legal System with Emphasis on Constitutional Discussions
  • Jan 1, 2026
  • Interdisciplinary Studies in Society, Law, and Politics
  • Anas Abdul Khudhur Mohammed Al-Debis + 3 more

Human rights and the establishment of fundamental conditions of freedom for individuals have always been central concerns of societies and remain a focal point of debate to this day. The main objective of this study was to examine the fundamental human rights and freedoms within the Iranian legal system. The findings revealed that the Constitution of the Islamic Republic of Iran regards freedom, human dignity, and public participation as its fundamental principles, while placing independence and territorial integrity on an equal footing with freedom. The right to form assemblies and political parties is recognized in Articles 26 and 27 of the Constitution as well as in the Charter of Citizens’ Rights. These rights, however, are subject to the conditions of non-contradiction with Islamic principles and the prohibition of bearing arms. The implementation of Article 26 is carried out through the Law on Political Parties and under the supervision of the Article 10 Commission, which is responsible for issuing permits for the establishment of parties and for organizing demonstrations. The enforcement of Article 27 similarly requires notification to the Ministry of Interior and approval by the Article 10 Commission, a process characterized by strict legal restrictions that have effectively curtailed the freedom of assembly. Criticisms directed toward the Article 10 Commission include the lack of religious expertise among its members in determining conformity with Islamic principles and the unreasonable requirement of obtaining prior authorization for peaceful assemblies.

  • New
  • Research Article
  • 10.46941/2025.2.9
Human Rights Protection under the European Convention on Human Rights and Eastern Europe: Ukraine
  • Dec 30, 2025
  • European Integration Studies
  • Ihor Metelskyi

This article is devoted to the study of the issue of human rights protection in Ukraine in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as on the basis of the case law of the European Court of Human Rights. The author examines the historical development of human rights and their protection in Ukraine, based on the main legal acts in force in different historical periods of Ukraine's development. The relations between Ukraine and the Council of Europe in terms of human rights protection were studied. The author analyses international legal instruments, in particular, individual conventions of the Council of Europe on human rights to which Ukraine is a party (in particular, the main focus is on the European Convention for the Protection of Human Rights and Fundamental Freedoms) and their place in the system of Ukrainian legislation, and also examines the issues of national implementation (process and time of accession / succession / ratification) of the Council of Europe conventions on human rights. The author highlights how the obligations to protect human rights arising from the ECHR are reflected in the Constitution of Ukraine. The author analyses the main legislative processes in Ukraine due to the ECHR, as well as the most significant cases considered by the ECtHR against Ukraine, their main points, and how the decisions on the latter affected Ukrainian legislation and human rights and their protection in general. The author concludes that the Council of Europe conventions, in particular the Convention for the Protection of Human Rights and Fundamental Freedoms, have a significant impact on the protection of human rights in Ukraine, as they set common European standards that contribute to the improvement of national legislation and practice. In addition, the ECHR guarantees fundamental rights and freedoms such as the right to life, liberty and security of person, fair trial, freedom of thought, conscience and religion, and protection from torture and inhuman or degrading treatment. Ukrainian citizens have the right to apply to the European Court of Human Rights in case of violation of their rights guaranteed by the ECHR. This provides an additional level of protection when all national remedies have been exhausted. ECHR judgments against Ukraine often become the basis for changes in national legislation and court practice to bring them into line with the standards of the Convention. Ukraine's ratification of Council of Europe conventions and implementation of their provisions is an important tool for improving the human rights protection system, raising standards of democracy and the rule of law, and adapting national legislation to European norms.

  • New
  • Research Article
  • 10.46941/2025.2.7
Protection of Human Rights under the European Convention on Human Rights in Central Europe: Bosnia and Herzegovina
  • Dec 30, 2025
  • European Integration Studies
  • Boris Krešić

According to the Constitution of Bosnia and Herzegovina (BiH; Annex 4 to the General Framework Agreement for Peace in BiH), the state of BiH is defined as a democratic and legal state with free and democratic elections. By signing the Dayton Peace Agreement and accepting the Constitution, BiH undertook to ensure the highest level of internationally recognised human rights and fundamental freedoms. Thus, the European Convention for the Protection of Human Rights and Fundamental Freedoms (better known as the European Convention on Human Rights − ECHR) received a special status in the Constitution of BiH. Similar to other modern democratic and legal states, BiH has signed all the other international and regional instruments for the protection of human rights. Therefore, by insisting on the protection of human rights, it was necessary for all people in BiH, as well as in other democratic and legal states, to have an equal status towards the state and the government, which would ensure measures to overcome antagonisms created on the basis of religious, ethnic, racial, and national diversity in BiH. Political participation in BiH needs to be viewed as a broader phenomenon that includes not only elections as the basis of democracy and a prerequisite for effective and legitimate decision-making, but also the participation of citizens in everyday political events and life. Furthermore, political participation in a state is limited by ethnicity and territorial origin. This means that only constituent peoples, as guaranteed by the Constitution and numerous laws, are allowed to run for the three-member Presidency of the State or the House of Peoples of BiH. National minorities are excluded from these branches of government, and their political participation is limited solely to local levels of legislative power. Although BiH, according to the Constitution, is considered a democratic state, it is unable to protect the rights of all its citizens and fulfil their basic human rights guaranteed by numerous internationally recognised conventions, but primarily by the ECHR.

  • New
  • Research Article
  • 10.15688/lc.jvolsu.2025.4.20
THE SIGNIFICANCE OF DECISIONS OF INTERNATIONAL JUDICIAL BODIES IN THE CONTEXT OF INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS
  • Dec 30, 2025
  • Legal Concept
  • Oksana Kolosovich + 1 more

the paper examines the significance for international cooperation in the sphere of criminal proceedings of decisions of international judicial bodies, primarily the European Court of Human Rights (ECtHR) and the International Criminal Court (ICC). The research is conducted through the prism of legal regulation of these issues in the Russian Federation. Special attention is paid to the evolution of approaches to the recognition and application of international court decisions in the Russian legal system. The impact of international court decisions on such procedures in criminal proceedings as extradition, application of preventive measures, and review of judicial decisions is considered. Particular attention is paid to analyzing the consequences of the formal severance of legal ties between Russia and international associations after its withdrawal from the Council of Europe in 2020. Purpose: a comprehensive analysis of the practical significance of decisions of international judicial bodies for international cooperation in the sphere of criminal proceedings, taking into account modern geopolitical realities and constitutional transformations in the Russian Federation. Methods: the methodological framework for the research includes a set of the general scientific and special scientific methods, such as formal-legal, comparative law, historical-legal methods, as well as the methods of analysis and synthesis. This allowed for a multifaceted and substantiated analysis of the problem under consideration, integrating theoretical depth with a practice-oriented focus. As a result of the research, the legal status of international court decisions in the system of sources of international and national law in the context of criminal proceedings is determined, and their role as an auxiliary source forming obligations for states is confirmed. The evolution of the legal status of international court decisions in the Russian legal system is analyzed – from their prejudicial recognition after the ratification of the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention 1950) to the modern mechanism of conditional implementation through the filter of the Constitutional Court of the Russian Federation. The thesis on the continued relevance of ECtHR decisions for the Russian legal system and law enforcement practice even after the formal termination of the European Convention 1950 for Russia is substantiated, highlighting specific reasons for this influence. Conclusion: the existence of an international instrument in criminal proceedings – obligations under international court decisions recognized by Russia at the legislative level – is substantiated. They are based on the international treaties of the Russian Federation, which confirms the integration of international norms into national legislation. These decisions influence criminal proceedings and are an element of the legal basis for international cooperation.

  • New
  • Research Article
  • 10.46941/2025.2.13
The Protection of Human Rights under the ECHR and Central Europe: Poland
  • Dec 30, 2025
  • European Integration Studies
  • Robert Tabaszewski

This article elucidates the process of Poland’s integration with the Council of Europe, and its commitment to the fuller implementation of the Council’s body of law, particularly the provisions of the European Convention on Human Rights. Notably, the Council of Europe was the first Western organization to open its doors to Poland – the largest country in the region. The article focuses on the conditions underlying Poland’s accession to European structures and evaluates its progress in establishing dialogue and partnership with the other members of the organization. Furthermore, it examines whether aligning with European standards has been a linear process or encumbered with difficulties in the formulation and enforcement of legal norms. Additionally, the Poles’ participated in the democratization process and the extent to which they cooperated with other members of the Council of Europe in developing solutions beneficial to the statutory objectives of the organization are analysed. This article verifies whether the current political system of the Republic of Poland is fully compliant with the statutory requirements of the Council of Europe. Moreover, it examines the Polish decision-making process within the various decision-making bodies of the Council of Europe, Poland’s participation in the most important human rights conventions of the Council of Europe, and the implementation of obligations arising from the European Convention on Human Rights to domestic law. The article further illustrates how these obligations have been integrated into the Constitution of the Republic of Poland of 1997 and other legal acts, highlighting the role of Polish courts in applying the standards of the Convention for the Protection of Human Rights and Fundamental Freedoms. Key cases brought by Polish citizens to the Polish legal system are examined. Lastly, the article describes significant legal reforms in Poland over the last thirty years, the impact of Strasbourg rulings on Polish domestic law, and the challenges related to aligning the Polish legal system with European standards.

  • New
  • Research Article
  • 10.46941/2025.2.12
Overview of Human Rights Protection in Slovakia: Impact of the European Convention on Human Rights
  • Dec 30, 2025
  • European Integration Studies
  • Hajnalka Szinek-Csütörtöki

The protection of human rights has become a cornerstone of modern society, shaping both national and international legal frameworks. In Europe, the European Convention on Human Rights (ECHR) serves as a crucial instrument for safeguarding fundamental rights and freedoms. Since gaining independence in 1993, Slovakia has undergone significant transformations in its legal and political systems, gradually integrating international human rights standards. This country report aims to provide a contextual introduction to the historical development of human rights in Slovakia and the implementation of the ECHR, while also addressing key law-making processes. Furthermore, it explores human rights protection at the national level and the relationship of Slovakia with the Council of Europe. By analysing key legal developments and landmark cases, this study evaluates Slovakia’s achievements and continuing challenges in protecting fundamental rights, providing insights into the future direction of human rights within the broader context of its obligations under the ECHR.

  • New
  • Research Article
  • 10.59783/aire.2025.86
Digital World: Should Surveillance of Internet Users and Their Activities be Stopped?
  • Dec 29, 2025
  • AIDASCO Reviews
  • Andrew Matsko

The rapid expansion of the digital world has led to unprecedented levels of internet surveillance conducted by governments and corporations. While surveillance is often justified as a necessary tool for ensuring security and preventing cybercrime, it raises serious concerns regarding privacy, digital rights, and freedom of expression. This paper examines the causes and consequences of internet surveillance, with particular emphasis on phenomena such as the panopticon effect and the chilling effect on users’ behavior. By comparing global and national approaches to surveillance, the paper explores whether current practices strike an appropriate balance between security and individual rights. The analysis suggests that although surveillance should not be eliminated, its scope and intensity must be carefully regulated to protect privacy and prevent the erosion of fundamental freedoms in the digital age.

  • New
  • Research Article
  • 10.62049/jkncu.v5i1.422
Cultivating the Democratic Commons: Media Responsibility, Social Cohesion, and the Sustainable Development of Kenya's Electoral Process
  • Dec 29, 2025
  • Journal of the Kenya National Commission for UNESCO
  • Rodgers O Oyoo

Sustainable democratic development cannot be achieved without a peaceful and responsible media environment. While scholarly consensus acknowledges media's significant influence in conflict settings globally, substantial theoretical and empirical gaps persist regarding its precise role in either escalating tensions or fostering peace during electoral processes in Kenya. Existing literature reveals a critical disconnect between recognizing media's potential for peacebuilding and understanding the specific mechanisms through which media practices either reinforce ethnic polarization or cultivate social cohesion in volatile political contexts. This study investigates the complex interplay between media responsibility, social cohesion, and sustainable electoral development within Kenya's democratization process. Focusing specifically on Kisumu County as a critical case study of recurrent electoral challenges, the research analyzes how media practices during electioneering either undermine or enhance democratic consolidation through their impact on social cohesion. The study adopted a conceptual model which was guided by three main theories: Libertarian theory, Social Responsibility theory and Galtung’s theories of structural violence and structural peacebuilding (1969). Key government officials, media practitioners, security officials and journalists were key informants. The sampled respondents were a total of 420 household heads. The data were presented in tables, pie charts and interpreted into meaningful information. The findings reveal that media responsibility, conceptualized through principles of conflict-sensitive reporting, equitable access, and democratic accountability, serves as the crucial linchpin between media freedom and sustainable electoral development. This study ultimately argues that cultivating the democratic commons requires media ecosystems that prioritize social cohesion alongside journalistic independence, thereby contributing to more resilient democratic institutions and sustainable development outcomes in Kenya's evolving political landscape. The study recommended that government and media council to develop a legal and ethical framework that mandates peace-sensitive reporting, especially during elections, as a direct strategy for mitigating conflict and advancing SDG 16 to ensure public access to information and protect fundamental freedoms.

  • Research Article
  • 10.36128/x580h146
Different and Unequal. About Legal Exclusion in the System of International Protection in Poland
  • Dec 23, 2025
  • LAW & SOCIAL BONDS
  • Małgorzata Ołdak

This paper aims to demonstrate the impact of cultural differentiation related to the country of origin of refugees on their legal status and fundamental human rights and freedoms when entering Poland between 2021 and 2023. Due to the broad nature of the topic, the paper presents a selection of examples to illustrate the legal exclusion of certain groups seeking international protection in Poland. There is a demonstrable correlation between particular instances of human rights violations and the process of formulating and implementing legislation. Due to the multidimensionality of this issue, the paper is not intended to be exhaustive, but rather to outline a situational framework and background for more detailed analyses concerning systemic solutions for differentiating between refugees and migrants according to their country of origin when admitting them to a country and providing them with support.

  • Research Article
  • 10.24144/2788-6018.2025.06.3.86
International standards and their implementation in the sphere of justice: topical issues
  • Dec 22, 2025
  • Analytical and Comparative Jurisprudence
  • S S Kalynyuk

It is indicated that the international system of human rights protection consists of several interrelated elements: norms-principles that form the basis of this field; specific substantive legal norms; procedural norms, the importance of which is constantly growing, because they regulate the procedure for ensuring the protection of individual rights; as well as institutional mechanisms for the international protection of human rights. The article examines the theoretical foundations of the formation and functioning of international human rights standards, as well as their specialized subsystem in the sphere of justice. The main doctrinal approaches to defining the concept of international human rights standards are analyzed, in particular the concepts of P. Rabinovich, M. Khavronyuk, P. Pustorino, V. Reisman, S. Verlanov and B. Kofman. It has been established that international standards are normative guidelines enshrined in international legal documents of the universal and regional levels, which establish the minimum permissible level of human rights protection and impose corresponding obligations on states. The essential features of international standards have been determined: normative enshrined in acts of a mandatory or recommendatory nature; model character as a model for national legislation; the presence of institutional mechanisms of control and protection; preservation of freedom of discretion by states in practical application. The system of international standards in the field of justice has been studied, which includes basic standards (Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, Convention for the Protection of Human Rights and Fundamental Freedoms), special standards (Basic Principles of the Independence of the UN Judiciary, European Charter on the Status of Judges), the practice of the European Court of Human Rights and recommendatory acts of the Council of Europe. It is substantiated that the key elements of justice standards are the independence and impartiality of judges, the right to a fair trial within a reasonable time, and ensuring real access to court. The conclusion is made about the importance of implementing international standards for the formation of an effective judicial system and strengthening the rule of law in Ukraine.

  • Research Article
  • 10.24144/2788-6018.2025.06.3.61
The concept of “victim of armed conflict” in the system of international and national law: a doctrinal and legal analysis
  • Dec 22, 2025
  • Analytical and Comparative Jurisprudence
  • M V Ishchenko

This scientific article presents a comprehensive doctrinal and legal analysis of the concept of a “victim of armed conflict,” taking into account the provisions of international humanitarian law, international human rights law, Ukrainian national legislation, as well as doctrinal approaches of leading scholars and the practice of implementing humanitarian standards. The relevance of the study is determined by the need for a systematic understanding of the legal status of war victims in the context of the ongoing armed aggression of the Russian Federation against Ukraine, which has resulted in large-scale violations of human rights, humanitarian crises, and social losses. It is established that the development of a unified approach to interpreting the concept of a “victim of armed conflict” is a necessary prerequisite for forming a coherent state policy in the field of protecting affected persons. The article analyzes the main international treaties – the 1949 Geneva Conventions, the 1977 Additional Protocols, and United Nations acts – as well as the scientific concepts of foreign and Ukrainian scholars, including J. Pictet, A. Cassese, F. Kalshoven, M. Sassòli, Y. Dinstein, T. Meron, V. Butkevych, M. Buromenskyi, O. Zadorozhnyi, M. Hnatyovskyi, T. Korotkyi, N. Khendel, S. Shramko, A. Vozniuk, I. Zhuk, and others. The interrelation between the norms of international humanitarian law and international human rights law is identified, ensuring a universal approach to the protection of persons who have lost the ability to defend themselves. Based on the synthesis of international, national, and doctrinal sources, the author formulates the following definition: a victim of armed conflict is a natural person, regardless of citizenship, procedural status, or affiliation with a party involved in the armed conflict, who has suffered physical, psychological, material, or moral harm or a significant violation of fundamental rights and freedoms as a result of an armed conflict, occupation, or act of aggression, and who is entitled to state protection, assistance, and reparation in accordance with the norms of international humanitarian law, international human rights law, and Ukrainian legislation. The results obtained have scientific and practical significance for improving Ukrainian legislation, harmonizing legal terminology, developing administrative and legal mechanisms, and shaping state policy in the field of protecting victims of armed conflict.

  • Research Article
  • 10.24144/2788-6018.2025.06.3.34
The concept of terms in criminal pre-trial proceedings
  • Dec 22, 2025
  • Analytical and Comparative Jurisprudence
  • A D Oshedsha

The article is devoted to the study of the concept of time limits in criminal pre-trial proceedings. Attention is drawn to the fact that the issue of determining time limits at the pre-trial stage of criminal proceedings remains insufficiently developed, creating conditions for ambiguous interpretation of their content. It is emphasized that it is impossible to formulate any definition without identifying and substantiating its essential features. It is noted that time limits in criminal pre-trial proceedings are a complex legal category that reflects not only the time dimension of procedural activity. It is proven that time limits are inherently normative, as they are established by the norms of criminal procedural law and procedural decisions of authorized entities at the pre-trial stage of criminal proceedings, and may also result from agreements between the parties within the framework of reconciliation and guilty plea agreements. It has been substantiated that proper legal regulation of time limits is a necessary condition for ensuring the rule of law, procedural economy, and the implementation of the principle of reasonable time limits in criminal proceedings. It is stated that time limits are mandatory in nature, but their observance is carried out taking into account the rules of disposability, which ensures a balance between legal certainty and flexibility in the application of the law. It is emphasized that time limits in pre-trial criminal proceedings can be expressed in both «rigid» (specific) and «flexible» (assessment) forms. It is argued that deadlines in pre-trial criminal proceedings perform not only a regulatory but also a guarantee function, acting as a key element of the mechanism for protecting the fundamental rights, freedoms, and legitimate interests of participants in criminal proceedings. It is noted that strict time limits ensure the stability and predictability of the process, while flexible, in particular reasonable, time limits ensure the effectiveness of the investigation. It is argued that the decisive feature of time limits in pre-trial criminal proceedings is to ensure the effectiveness of criminal pre-trial proceedings, as well as to guarantee the rights, freedoms, and legitimate interests of individuals. It is concluded that the concept of «time limits in criminal pre-trial proceedings» should reflect all of their essential features.

  • Research Article
  • 10.24144/2788-6018.2025.06.3.28
Criminalistic methods of identifying individuals by fingerprints and biometric data
  • Dec 22, 2025
  • Analytical and Comparative Jurisprudence
  • V R Golub + 1 more

The article examines modern forensic methods of identifying individuals based on fingerprint and biometric data, which constitute one of the key areas in the development of forensic expertise and law enforcement activities in the context of today’s information society. The author focuses on the historical background of fingerprinting, which has a centuries-old history, its scientific foundation, as well as its practical significance in detecting and solving crimes of varying complexity. Significant attention is given to the analysis of modern automated information systems that enable rapid search and comparison of fingerprints in large-scale national and international databases, allowing for the prompt identification of individuals even with a minimal number of biometric features. The prospects for integrating such systems with international forensic registries are examined separately, contributing to enhanced effectiveness in combating transnational crime, particularly in cases related to terrorism, human trafficking, and organized crime. The article also provides a detailed review of contemporary biometric technologies such as facial recognition, iris scanning, voice recognition, and other unique human parameters, which are increasingly used as auxiliary or alternative identification tools by law enforcement agencies and security systems. The importance of a comprehensive approach is emphasized, which involves combining classical fingerprinting methods with the latest biometric tools, significantly improving the accuracy and reliability of forensic investigations, minimizing errors, and eliminating the possibility of misidentification. The article also addresses current issues concerning the legal regulation of biometric data use, ethical aspects of collecting and processing such information, risks of privacy violations, as well as challenges related to cybersecurity and potential misuse of biometric databases. The conclusion is drawn that improving forensic methods for identifying individuals through fingerprints and biometric characteristics is a necessary condition for enhancing the effectiveness of crime prevention and investigation. However, it requires careful balancing between security needs and the respect for fundamental human rights and freedoms, which must be enshrined in legislation and supported in judicial practice.

  • Research Article
  • 10.31338/2544-3135.si.2025-107.5
THE MEANING AND FUNCTION OF JUDICIAL INDEPENDENCE UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS
  • Dec 21, 2025
  • Studia Iuridica
  • Marcin Szwed

Judicial independence is one of the cornerstones of modern constitutionalism. Without an independent judiciary, effective oversight of government action would be impossible, and the protection of fundamental rights and freedoms would likely remain illusory. Importantly, in contemporary Europe, judicial independence can no longer be viewed as solely a matter of domestic law. On the contrary, it is one of the pillars of the transnational European legal order, which is constituted by the standards developed by the Council of Europe and European Union law. These two systems influence each other, as evidenced by numerous references in the case law of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) to one another. These references also concern the interpretation of the notion of judicial independence. This article aims to examine the significance of judicial independence under one of the founding documents of the European legal order, that is the European Convention on Human Rights (ECHR, Convention). The analysis focuses on how the ECtHR interprets the concept of ‘judicial independence’, and the role this safeguard plays within the Convention’s broader normative structure. The central thesis advanced here is that the significance of judicial independence cannot be reduced solely to Article 6 of the ECHR. In fact, it serves a dual function. On the one hand, it forms part of the individual’s right to a court. On the other hand, it serves as a value influencing the interpretation of all provisions of the Convention. The article is divided into two main sections. The first part explores the substance of judicial independence as developed in the ECtHR’s case law. The second addresses the functions of this principle within the framework of the Convention. This section first briefly considers judicial independence as part of a subjective right under Article 6 ECHR, and then examines its broader impact on the interpretation of other Convention rights. The article concludes with a summary of the key findings.

  • Research Article
  • 10.24144/2788-6018.2025.06.2.51
Peculiarities of the state executive institutions’ activities under martial law: financial control issues
  • Dec 15, 2025
  • Analytical and Comparative Jurisprudence
  • Y M Krupko

The article examines the peculiarities of the state executive institutions’ activities under martial law through the prism of financial control as a tool for ensuring the rule of law and human rights compliance. The emphasis is on the fact that in extraordinary circumstances caused by military actions, traditional mechanisms of public control meet access restrictions, a shortage of time for making management decisions, and the urgency to preserve regime information. It is demonstrated that financial control under these conditions cannot be reduced to a formal verification of compliance with budget discipline, but must be turn into a dynamic process aimed at ensuring the efficiency, transparency, and accountability of the public resources use. Particular attention is paid to the activities of the State Penitentiary Service of Ukraine, which, within the Ministry of Justice structure, performs a set of tasks that require significant financial costs – for the protection of facilities, the transfer of convicts, the maintenance of penal institutions, ensuring the safety of personnel. During wartime, the exercise of control over public finances within this service is complicated by the specific conditions of operation, but acquires even greater importance in the context of human rights guarantees ensuring. It is noted that the systemic violations of the Convention for the Protection of Human Rights and Fundamental Freedoms, which have been repeatedly recorded by the European Court of Human Rights in connection with inadequate conditions of detention of persons in places of deprivation of liberty, indicate the exigency to rethink the role of financial control and improve financial and legal regulation. It is argued that the modernization of the financial control system – through digitalization, risk-based audit and strengthening interdepartmental coordination – should be considered as an institutional condition for maintaining the balance between the efficiency of management and the inviolability of human dignity. It is concluded that during martial law, financial control becomes not only a means of maintaining the functional capacity of executive bodies, but also a human rights protection instrument ensuring compliance with the principles of proportionality, legality and the rule of law even in crisis situations.

  • Research Article
  • 10.23962/ajic.i36.24998
Digital governance for democratic integrity in West African electoral contexts
  • Dec 15, 2025
  • The African Journal of Information and Communication (AJIC)
  • Zara Schroeder + 2 more

Digital technologies are transforming electoral processes across West Africa. Social media, digital ID systems, and online results interfaces offer new avenues for transparency and civic participation, but they also threaten democratic integrity. This article examines the region’s digital-political ecosystem, focusing on how digital platforms are shaping electoral communication in contexts marked by democratic fragility, ethnic divisions, and political instability. Biometric voter registration and electronic results transmission have improved electoral administration, yet at the same time social-media disinformation, internet shutdowns, and surveillance undermine fundamental democratic freedoms. This article also draws attention to emerging digital-governance frameworks that are applicable in West Africa, including UNESCO’s 2025 Model Policy Framework for Information Integrity in West Africa and the Sahel and the AAEA’s 2023 Principles and Guidelines for the Use of Digital and Social Media in Elections in Africa. The effectiveness of digital governance, which requires a balancing of state security concerns against protections for human rights and free expression, will play a central role in determining whether West Africa’s digital transformation strengthens or undermines electoral legitimacy and political stability.

  • Research Article
  • 10.24144/2788-6018.2025.06.1.30
Alternative (non-military) service under the legal regime of martial law: regulation, implementation and protection
  • Dec 10, 2025
  • Analytical and Comparative Jurisprudence
  • O V Oliinyk

A general approach to understanding an individual’s right to alternative (non-military) service is outlined through the prism of doctrinal pluralism. The issue of the correlation between the military duty and the duty to defend the Homeland is addressed. The article examines the substitution of military duty with alternative (non-military) service in the context of the current state of domestic normative regulation. Attention is drawn to the challenges of exercising this right under the legal regime of martial law, arising from inconsistencies between the Constitution of Ukraine, the Law of Ukraine “On Military Duty and Military Service,” and the Law of Ukraine “On Alternative (Non-Military) Service.” An analysis is conducted of the contradictions among the legal concepts employed by the legislator, which have emerged, in particular due to the absence of a unified understanding of the relationship between the notions of “military duty”, “military service”, and “alternative (non-military) service.” A comprehensive analysis is undertaken of the Venice Commission’s opinion regarding the individual’s right to substitute military duty with alternative (non-military) service, provided as amicus curiae at the request of the Constitutional Court of Ukraine within constitutional proceedings. Additionally, the contradictory practice of national courts is examined, including decisions of the Criminal Cassation Court within the Supreme Court, as well as first- and second-instance judgments, which, despite relying on identical lines of reasoning, reach entirely different conclusions. An analysis is also carried out of a series of judgments of the European Court of Human Rights concerning the protection of the right to alternative (non-military) service under Article 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms, including Adyan and Others v. Armenia, Bayatyan v. Armenia, Teliatnikov v. Lithuania, among others. A general review of subordinate normative acts regulating related legal relations is provided. A critical assessment is offered of the legislative initiative aimed at resolving the existing legal conflict. Based on the results of the analysis, potential contemporary approaches to overcoming practical obstacles in the implementation of the aforementioned right are seeked.

  • Research Article
  • 10.37750/2616-6798.2025.4(55).346356
Threats to Human Rights and Freedoms in the Era of Artificial Intelligence
  • Dec 9, 2025
  • INFORMATION AND LAW
  • Y Irkha

This article provides a comprehensive analysis of how artificial intelligence tech affects the system for protecting human rights and freedoms. The author looks at international approaches to defining what artificial intelligence is and notes that a new tech reality is forming where human intelligence is losing its monopoly on making tough decisions. He emphasizes that despite the obvious advantages of artificial intelligence systems for the economy and science, their uncontrolled spread, especially in conditions of legal uncertainty, creates existential threats to democracy. The paper highlights key threats to human rights and freedoms in the age of artificial intelligence, including total digital surveillance, algorithmic discrimination, manipulation of public consciousness through disinformation and deepfakes, erosion of privacy, and the threat of loss of human autonomy. The vulnerability of specific constitutional human rights and freedoms is examined in detail. The results of the study justify the impossibility of Ukraine's remaining into the status of declarative (“soft”) regulation of the field of artificial intelligence. The author has formulated a list of priority steps for legislative regulation of the industry. The proposed measures are aimed at harmonizing Ukrainian legislation with European standards and ensuring a balance between technological development and the protection of fundamental human rights and freedoms.

  • Research Article
  • 10.55073/2025.2.145-166
Ensuring Security and Rule of Law Through Outer Space
  • Dec 5, 2025
  • Law, Identity and Values
  • Katarzyna Myszona-Kostrzewa + 1 more

How does Outer Space contribute to peace, security, and the rule of law? Outer Space profoundly influences essential domains such as navigation, environmental surveillance, communication, and most importantly, security and defence. Therefore, satellites are crucial for detecting terrestrial and aerial dangers, evaluating conditions on Earth, and enabling crisis interventions.[1] As a significant player in the global space domain, equipped with the world’s most advanced Earth Observation system (Copernicus), the European Union (EU) holds both the opportunity and responsibility to utilise space-based capabilities to safeguard human rights and security, not only across member states but also globally. By taking these actions, the EU can foster a more secure and stable world and reinforce fundamental rights and freedoms. Therefore, this study explores the connection between security and protection of human rights within the EU framework and examines the international regulations connected to Outer Space, Earth Observation, and security challenges, focusing on the impact of the Copernicus programme on the EU’s External and Security Actions, and its role in protecting human rights and maintaining peace inside and outside EU borders from Outer Space.

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