Human Freedom Research Articles

The Role of the Serbian Constitutional Court in the Area of Asylum and Migration

The Constitutional Court in Serbia protects the constitutionality and legality of human rights and freedoms guaranteed by the 2006 Constitution. However, its role in asylum- and migration-related matters is limited. There are two reasons for this: the Court very narrowly interprets its own competencies which results in the rejection of the majority of constitutional complaints, and the Court serves as a protector of state authorities rather than a protector of the human rights of asylum seekers, refugees, and migrants. The jurisprudence of the Constitutional Court in this area relates to several matters: the application of a safe third country principle, rights concerning the asylum procedure, and issues relating to the freedom of movement and detention of migrants. Therefore, the Court has been unable to develop clear and coherent practice in this area. However, it is worth noting that the Court invokes relevant standards derived from the jurisprudence of the European Court of Human Rights, although the application of those standards usually does not lead to a decision to uphold the constitutional complaint. It also relies on other international sources, such as the UN Refugee Agency reports on specific countries, various United Nations and Council of Europe instruments, and reports of non-governmental organisations. Finally, the Court is not interested in the case law of the Court of Justice of the European Union (EU), despite the fact that Serbian legislation in this area is inspired by the EU acquis. Serbia is not a member state of the EU, but as a candidate country it is in the process of aligning its own legislation and practice, and referral to the jurisprudence of the Court of Justice would provide guidance on how to interpret domestic provisions, such as subsidiary protection.

Растения философов: Интеллектуальный гербарий (Травинки Лейбница (глава 7), Тюльпан Канта (глава 8))

The seventh chapter is dedicated to Gottfried Leibniz. In a letter to the English philosopher Samuel Clark, Leibniz recalls the episode in the park in connection with his famous principle of the identity of the indistinguishable, or simply "Leibniz's law". The futile search for two exactly identical leaves or blades of grass highlights a metaphysical principle that extends to the smallest elements of nature. If there are not two exactly the same, then they all bear the stamp of uniqueness and individuality, ultimately going back to the wisdom of the Creator. The ethical implications of this ontological axiom are obvious: to destroy a leaf, let alone a whole plant, means to get rid of something that will never appear again in exactly the same form. If there are many species of plants and if each species includes a myriad of subspecies, it is because they all must exist to actualize the infinite possibilities of Divine self-expression. The loss of biological diversity diminishes the richness of manifestations that God finds in the world. From the real park, the philosopher leads us into an allegorical garden depicting his understanding of matter. In paragraph 67 of Monadology, he urges us to imagine every part of matter like a garden full of plants and a pond full of fish. But every branch of a plant, every member of an animal, every drop of its juices is again the same garden or the same pond. Each part of matter, accordingly, is a garden within a garden within a garden — and so on ad infinitum. Thus, it can be said that the plant, as its capabilities become more relevant, expresses (a) the world, (b) God's vegetable view of (a), and (c) essence. As a non-verbal sign, it is oversaturated with meaning, it is entrusted to bear the weight of theological and metaphysical entities partially revealed through it. One can only welcome the philosopher's bold assumption that a plant is not a passive object available for manipulation by humans and animals, but a subject endowed with the ability to act. However, the weak point of this statement lies in the double comparison of animals with humans and plants with animals. The standard that all other living beings must meet is hopelessly anthropocentric, since it implies that animals are less perfect people, and plants are less perfect animals. Thus, an ancient metaphysical prejudice creeps into the philosophical system, which boldly put forward the vegetative idea of infinite matter and the expressive uniqueness of each leaf and each blade of grass. The eighth chapter deals with Immanuel Kant. In his penchant for abstraction, Kant reduces flowers to specimens of pure color, and tulips seem to him the purest of all. Its simple form does not distract us from the beauty of its pure color, and in this it perfectly matches the asceticism of Kant's philosophy and the austere splendor of his aesthetic thought. Kant views tulips as examples of completeness «belonging to no purpose», where by «purpose» he means those practical tasks associated with economic activity in the broad sense of the word. The meaning and essence of the tulip varies according to the field in which we encounter it: as a natural object of study and scientific inquiry, as a useful object of our practical interest, or as an alluring embodiment of the beautiful. In his personal writings of the 1760s, Kant defends the thesis that a plant is possible only in accordance with an idea, defining the latter as the a priori cognition of the understanding by which an object becomes possible. If the material aspects of human existence, according to Kant, do not deserve respect, then even less do non-human animals and plants, which have no share in the rationality of transcendental subjects. There is only one possibility of placing plants and animals under the umbrella of Kantian respect, and it has to do with human self-respect. Kant does not abandon the idea that flowers are vital links in the chain of plant reproduction by which the genus is preserved. In flowers, and in aesthetics in general, Kant sees a utopian prefiguration of human freedom. When he calls flowers «free beauty», he means their liberation from both natural necessity and conceptual understanding.

Features of the imple¬mentation of the principle of the rule of law in the context of the contemporary challenges of democracy in the conditions of war in Ukraine

The article is devoted to the study of the peculiarities of the implementation of the principle of "rule of law” in the context of challenges of democracy under the conditions of martial law in Ukraine. The main force majeure decisions of state authorities are outlined within quantitative and chronological limits in the context of ensuring the coherence and continuity of the fulfillment assumed by them obligations, and with unconditional observance of the principle of the rule of law. The efforts of the native legislator to provide a formal definition of the definition of «rule of law» in comparison with its international counterpart, which is enshrined in the soft law documents of the Venice Commission, are separately analyzed.
 The authors found out that despite the impressive percentage of implementation of the government's Plan of measures to implement the Association Agreement, in Ukraine, under the conditions of martial law, constitutional rights and human freedoms are temporarily restricted, including: the right to inviolability of housing, to freedom of movement, to freedom of thought and speech, to free expression of one's views and beliefs, rights and legitimate interests of legal entities, etc. At the same time, despite the real existence of the listed restrictions, the latter in no way refer to the limitation of absolute (natural) human rights and freedoms. In the conclusions to the article, it is justified and confirmed that the principle of the rule of law continues to apply even to those rights and freedoms that are limited.
 In order to obtain reliable scientific results and introduce new information to the theory fund, this study used a set of scientific principles and approaches based on general scientific, worldview and special legal methods of cognition, in particular, it refers to such methods as: systemic, hermeneutic, historical - legal, functional and comparative. The empirical basis of the research was made up of national and international legal acts.

International legal mechanisms for the protection of human rights and freedoms in times of war: the practice of the ECHR

The issue of human and civil rights and freedoms is an integral part of the problems of the real human situation in society and the State. Never before have the issues of human and civil rights and freedoms been raised as acutely as they are today in connection with Russia's full-scale invasion of Ukraine. The international community is on the side of Ukraine, the inviolability of its territorial integrity, and most importantly, in defense of human rights as the highest social value in the country.
 Also, after the armed aggression of Russia and its full-scale invasion of Ukraine, ensuring international security has become a major issue of the day. As an independent, legal and social state, Ukraine is particularly interested in protecting human rights and freedoms. Currently, there are many international bodies that monitor the observance of human rights and freedoms and protect these rights, including courts and tribunals. They are divided into universal, i.e. those that operate at the UN level, and regional (European, American, African, Asian and others). For a detailed study of this issue, the author has researched and analyzed international standards of human and civil rights and freedoms, in particular, the case law of the ECHR in favor of Ukraine in the human rights protection system from 2014 to the present.
 As of February 21, 2023, the following interstate cases were pending before the ECtHR: the «Crimean case» related to the annexation of Crimea by Russia; the case of human rights violations in the occupied territories of Donbas, which includes the complaint about the downing of Malaysian flight MH-17 filed by Ukraine and the Netherlands; the case of violations of the rights of Ukrainian political prisoners; the case of the seizure of Ukrainian sailors and vessels in the Kerch Strait in 2018. the case of crimes committed by the Russian military during the full-scale invasion of Ukraine.
 However, it is worth noting that on September 16, 2022, Russia finally withdrew from the European Convention for the Protection of Human Rights and Fundamental Freedoms. This was the result of Russia's expulsion from the Council of Europe. The European Court of Human Rights has finally lost jurisdiction over Russia, and the consideration of thousands of complaints against it has been called into question, including those filed by Ukraine.

Процессуальное положение прокурора как субъекта обеспечения прав предпринимателей в уголовном судопроизводстве

The article examines the protection of the rights of entrepreneurs as participants in criminal proceedings. It is emphasized that prosecutor’s supervision over the observance of human and civil rights and freedoms is one of the components of the system of state protection of entrepreneurs’ rights. As part of the study, particular at-tention is paid to such key procedural categories as “functions of the prosecutor” and “powers of the prosecu-tor”, on the basis of which the role in the context of ensuring the rights of entrepreneurs in criminal proceedings is formulated. A detailed analysis of the peculiarities of the procedural position of the prosecutor and its influ-ence on ensuring the rights of entrepreneurs in criminal proceedings is offered. It is noted that the question of whether there are signs that allow a person to be classified as a business entity arises even in pre-trial proceed-ings, which necessitates the adoption in each specific case of a procedural decision on the recognition of a person as a business entity. Conclusion dwells upon the fact that it is the prosecutor who should resolve the issue of attributing a person to the subjects of entrepreneurial activity.

Guarantees of implementation of the administrative and legal status of the Commissioner for ECHR cases: current state and prospects for development

The article reveals the features of the system of legal guarantees for the implementation of the administrative-legal status of the Commissioner for ECHR affairs. It was established that it is not enough to enshrine the rights and duties of a public servant in national legislation, it is necessary to provide forms (legal procedures) and guarantees of their implementation (legal guarantees). Precisely because of this, when the activity of a subject of public administration or an individual public servant becomes ineffective, the question arises about the guarantees that ensure its activity and contribute to the realization of its legal status. It has been proven that the material guarantees of the realization of the administrative-legal status of the Commissioner for ECHR cases are fixed mainly by the norms of national legislation, while the organizational guarantees - by the norms of European legislation, which is clearly confirmed by the provisions of national and European legislation. It is emphasized that the state «Ukraine» (represented by the Commissioner for ECHR affairs), as a party to the case under consideration at the ECHR, has its own set of legal guarantees that allow protecting the authority of the country as a democratic, legal and social state that resolves all issues based on the priority of human and citizen rights and freedoms. It was concluded that the guarantees of the implementation of the administrative and legal status of the Commissioner for the ECHR are the means of direct implementation of the tasks, functions, rights and duties stipulated by the acts of national and European legislation, which are fixed for the position of the Commissioner for the ECHR. It has been proven that the guarantees of the implementation of the administrative and legal status of the Commissioner for the ECHR include: 1) the norms of administrative law that establish the legal status of the Commissioner for the ECHR, namely, the tasks, functions, rights and duties assigned to this political position ; 2) principles of consideration of the case at the ECtHR; 3) legal institutions of additional legal, social or other assistance and support; 4) forms of procedural activity of the ECtHR; 5) actions of individual participants in the process. It was established that none of the national or European acts analyzed by us provide for coercive measures that would be applied to the Commissioner for ECHR cases as a person who poorly or ineffectively fulfills his official duties. It is proposed to enshrine the grounds of «responsibility» of persons holding political positions in the system of executive authorities in the national legislation.

Justice under the Rule of Law as an Object of Knowledge of Domestic Jurisprudence

The judiciary plays an important role in a democratic, law-based state. The independent judiciary is responsible for handling cases, resolving conflicts and evaluating the compliance of laws with the constitution, and also guarantees human rights and freedoms by controlling the legality of actions of other branches of state power. And this factor determines the relevance of research. The existence and effective functioning of the judiciary and the rule of law are key aspects of any modern democracy.
 The purpose of the article is to cover justice under the rule of law as an object of knowledge in domestic jurisprudence.
 It is proposed to classify scientific sources, covering certain aspects of the administration of justice under the rule of law, into three groups.
 The first group of such sources consists of scientific papers, the subject of which is the organization and functioning of judicial authorities. The papers of this group clear up the provisions characterizing the court and justice: the organizational structure of the judicial system; appointment procedures and requirements for the qualification of judges; mechanisms of interaction with other branches of power; judicial process and guarantees of citizens' rights; effectiveness and reforms of the judicial system, etc.
 The second group of sources consists of scientific papers, the subject of research of which is the rule of law. The requirements of the rule of law to a large extent concern the judiciary and fair justice determining the isolation of this group of sources.
 Researches in this field help to understand how the rule of law affects judiciary, the role of the judicial system in providing it, and how this principle contributes to stability, justice, and abidance by law in society.
 The third group of sources consists of scientific papers, the subject of study of which is the determination of directions for improving the activities of the judiciary under the rule of law. These studies can serve as a basis for developing strategies for reforms and improvements in the judicial system with the aim of bringing it closer to high standards of the rule of law and meeting the exigencies of society.
 It is summarized that numerous scientific studies of the problems of the judiciary and the rule of law lay a solid foundation for the further development of the relevant provisions in order to strengthen the effectiveness of the judiciary. However, the indicated problems require systematic study, taking into account the need to improve social standards.

Theoretical and legal analysis of the conceptual and categorical apparatus in the field of human rights limitation: differences between related concepts

The article examines the relationship between the concepts of «restriction of human rights» and «discrimination». It was established that the study of differences in the essence of these concepts is extremely important in the context of law-making and law-implementation concepts of modern society.
 The state of scientific research on the topic and the most common approaches to the interpretation of the concepts of «restriction of human rights» and «discrimination» are analyzed. Their doctrinal understanding is revealed and the main legal features are indicated.
 It has been found that the restriction of rights can arise in the form of necessary restrictions to ensure general well-being or national security and other demanded social values, while discrimination is aimed at violating the equality and dignity of a person, according to certain characteristics, in order to weaken the legal position of certain social groups Two approaches to defining the concept of «restriction of human rights» have been identified. According to the first, the restriction of human rights is characterized by the understanding of such a restriction as narrowing, reducing the opportunity to enjoy certain social benefits, with the aim of ensuring the realization of the rights of other people, health protection and protection of the territorial integrity of the state. According to the second approach, the limitation of rights is considered as the establishment of certain frameworks, prohibitions, responsibilities, imposition of additional duties in order to ensure the necessary balance between public and private interests. Two approaches to defining the concept of «discrimination» have been identified. Representatives of the first approach define discrimination through actions that violate the principle of equality and affect human dignity, representatives of the second approach reduce discrimination to differences in human rights and freedoms.
 It was established that «restriction of rights» is a mechanism by which the state can regulate the behavior of citizens in the interests of national security, public order or ensuring the safety of other people, which may include the establishment of additional duties, prohibitions, responsibilities, etc. On the contrary, «discrimination» is aimed at certain social groups and consists in the violation of their equality and dignity, manifested in the restriction of access to various opportunities, services or resources based on personal characteristics.

ON SOME PROBLEMS OF THE IMPLEMENTATION OF THE PHENOMENON OF «HUMAN RIGHTS AND FREEDOM» IN THE «LEGAL FIELD» OF RUSSIA

In the article, the author analyzes the essence of the Western concept of "human rights and freedoms", in relation to the legislation of Russia, on the example, the problems of their implementation in criminal proceedings. The study was carried out through the prism of the author's vision of the problem, the intervention of Western states in the internal affairs of the Russian Federation with the introduction not only into the minds of Russian citizens, but also into the state apparatus of the Russian Federation of the liberal ideology of "human rights", which is not only the antipode of "citizen's rights", but alien to Russian self-consciousness, since they are the religion of Western society. The author describes the signs of the ideology of "human rights" in the legal and socio-political contexts. It is concluded that the West believes that all states, including Russia, should accept the Western path of development. The purpose of introducing the concept of "human rights and freedoms" is the destruction of the Russian state.

International standards of observance of the rights and freedoms of citizens in the activities of law enforcement bodies of Ukraine

The article is devoted to the study of compliance with international standards of human and citizen rights and freedoms by law enforcement agencies and their officials. For this purpose, an analysis of foreign legal acts, in particular, such as the Universal Declaration of Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, ratified by Ukraine, the European Convention for the Protection of Human Rights and Fundamental Freedoms, domestic legislation and scientific opinions, was carried out. It was emphasized that the Universal Declaration of Human Rights defines international standards for observing the rights and freedoms of citizens and is directly related to the activities of law enforcement agencies. It is emphasized that the implementation of the constituent function requires law enforcement agencies to ensure compliance with the rights and freedoms of citizens during the performance of their daily tasks. In order to clarify the regulatory support in the field of observance of the rights and freedoms of citizens, special legislative acts regulating the activities of: the National Police, the Security Service, the State Border Guard Service, the State Criminal Enforcement Service, the Bureau of Economic Security, the State Guard, the Military Law and Order Service were analyzed, of the State Bureau of Investigation, which the author attributes to the law enforcement agencies of the state. It was established that the legislative acts regulating the activities of the Security Service, the Bureau of Economic Security, the State Guard, the Military Service of Law and Order, the State Bureau of Investigation, prescribe only fragmentary observance of human rights and freedoms by the employees of these bodies and services in the performance of their official duties, which is a shortcoming of the specified normative acts, and as a result, negatively affects the activities of law enforcement agencies in their relations with citizens, compliance by officials with international standards of law enforcement activities, which establish the rules and principles of correct and appropriate behavior of law enforcement officers during the performance of their official duties, defined by normative legal acts duties, including under martial law. However, despite the martial law regime, ensuring the observance of the rights and freedoms of citizens by law enforcement agencies, along with other functions, should become one of the main tasks of these agencies.

On the Nature of Human Rights with Regard to Types of Law Understanding

The article raises the problem of understanding human rights in their relationship with the type of law understanding. Legal positivism, sociological positivism, theory of natural law and philosophical understanding of law (libertarian theory of law) stand out as the main approaches of law. It is noted that the normative approach involves the direct dependence of human rights on the will of the state; it does not matter the content of the right, but its formal consolidation in the law. The sociological approach, also within the framework of the legalist direction of law understanding, in contrast to legal positivism, connects human rights not with the state, but with social life, as a product of the development of society, and considers their existence not in law, but in legal relations. The natural law approach to understanding law is considered primarily as a definite stage in the development of ideas about law. Human rights in this context are considered as an expression of human freedom of choice and action, having a natural nature. However, in the modern world, such rights should be formally enshrined, reflecting the value aspect of law. The libertarian theory of Professor V.S. Nersesyants also reflects the idea of the meaning of freedom for the existence of a right that is different from the law, but recognizes the existence of human rights both natural and dependent on the will of the state. The authors conclude that the essential characteristics of human rights derived from the content of these types of law understanding in modern constitutional law have formed a symbiotic approach, In other words, the modern conception of human rights is based on all these types of law understanding.

Metaphysics of the sequence shot: the gathering and nihilating of being in Béla Tarr’s The Turin Horse

ABSTRACT This article examines the philosophical implications of Béla Tarr’s The Turin Horse (2011) by attending to the thematic and aesthetic configuration of its sequence shots. The film’s durational images, I suggest, perform a gathering and nihilating of presence whereby the existence of the subject is repeatedly affirmed and questioned. I read this dynamic, over and above figurative and diegetic parameters, as metaphysical. In line with its Nietzschean framing and de-creational structure, and in distinction from the hermetic living that characterises Damnation (1988), Satantango (1994) and Werckmeister Harmonies (2000), I posit the film’s catastrophic vision of the end of the world as revelatory. Placing stylistic analysis in dialogue with film theory and the philosophies of Nietzsche and Heidegger, I argue that Tarr’s strategies of attention (on the subject) and reversal (of the action and cinematography) puncture narrative chronology, exposing the spatiality and temporality that structure our existence. For this, I align with Heidegger’s thinking on metaphysics and the relation between art and truth. I establish the grounds for a compatibility between Heidegger’s philosophy and the worthiness of cinema by appealing to the ontological purpose it attributes to certain works of art and technology. The presencing and absencing of The Turin Horse’s in turn phenomenal and abyssal sequence shots, I conclude, produces a renewal of ground that illuminates questions of human fragility, freedom and emancipation, attuning us to the responsibilities of our being in a shared world.

PAST AND PRESENT OF WOMEN'S RIGHTS AND VIOLENCE AGAINST WOMEN

In history, the greatest aspiration of people is that all humanity has equal rights regardless of race, language, religion or gender. Gender inequality seen in communities where patriarchal structure prevails has caused women to be deprived of their rights. The exclusion of women who have been deprived of their rights due to their gender and even exposure to violence is a global problem that continues from past to present.
 Violence against women, which is as old as the history of humanity, is a phenomenon that affects all societies deeply and negatively. As a fundamental human rights and freedom problem, it continues to exist all over the World as a universal public health problem, regardless of ethnic origin, class, religion, social status, culture, economic and geographical boundaries. Domestic violence is the most common form of violence against women. 
 In this study, the historical process of women and their rights, the place of women in society today, the historical process of violence against women, the causes and types of violence against women, femicides, the end point of violence against women, the effects of violence on public health, violence in our country will be discussed. Furthermore, institutions and organizations that women victims of violence can apply to, and suggestions against violence towards women are mentioned.

Human Free Will and God's Sovereignty in Biblical and Human Rights Perspectives

Research with the theme of human free will and God's sovereignty in the perspective of the Bible and Human Rights examines two things, namely whether God gives freedom to humans to seek their salvation without God's supervision or control? Does the State give freedom to humans (citizens) to live their lives and activities without the supervision and control of the State? The purpose of this study is first, to find and examine the basis of the Bible and the views of theologians, regarding human freedom in seeking salvation and God's sovereignty in the efforts made by humans. Secondly, to find and examine the views of experts, laws and regulations on human free will as Indonesian citizens from the perspective of human rights. The research method used is qualitative research. Using this method, the author examines the literature traced, namely books, articles, research results related to the issues discussed. The results of the search were analysed descriptively. The results of the research show: first, from a biblical perspective, God created humans with free will in choosing, as a reflection of God's granting of sovereignty to humans. But human free will in no way negates God's sovereignty and omnipotence. God's sovereignty over man's free will is related to God's providence that man acts and is responsible for taking care of himself according to God's will. Secondly, in the perspective of human rights, Indonesian citizens cannot freely follow all their wills. The free will of citizens in individual and social life is limited. There are values, norms, rules, to limit it. There is an obligation to respect and honour the freedom of other citizens reciprocally. So the author comes to the thesis that from the perspective of the Bible and human rights, human free will as a creature of God and as a citizen of Indonesia remains limited, meaning that its limits have been determined and should not be exceeded.

Constitutional Protection of Human Rights in the Republic of Albania

Democracy and the rule of law are lessons from history and people's desires to live an increasingly better life, where human rights are closely linked to the state's obligation to protect and promote them. The Constitution recognizes and ensures human rights and freedoms. The constitution empowers the people thereby implementing democracy and giving the people the opportunity to participate in the exercise of power, such as through elections or referendums. Also, the Constitution determines whether these rights can be limited or not and in which cases. Usually there are reasons such as the protection of national security, health and safety of the public or even the protection of the rights of others and always only with laws issued by the relevant government. Legal and democratic institutions should be expressed through three basic attributes, legitimacy, authority and political power. In this sense, the existence of democracy and respect for human rights must be ensured, through the existence of the rule of law and democratic values in a society where human rights have special importance for democracy.
 
 Received: 2 October 2023 / Accepted: 10 December 2023 / Published: 23 December 2023

Violation of Human Rights in Temporarily Annexed Ukrainian Crimea by Russia

The purpose of the article is that, based on the laws of Ukraine, documents of the Crimean Tatar Resource Center, Summit "Crimean Platform", media materials to objectively reveal the activities of the russian federation regarding violation of human rights in the temporarily annexed Ukrainian Crimea. To achieve the goal, the author analyzed many examples violation of russian human rights and freedoms, norms of international humanitarian law that took place in Crimea. The documented protests of Ukraine are highlighted, with which the state appeals to international organizations, international courts, regarding the actions of the russian federation, but so far they do not have the necessary influence on the policy of the aggressor state. However, the return of the occupied territories requires quick and decisive actions. Understanding this, high-ranking officials of Ukraine significantly intensified activities regarding the de-occupation of Crimea, are looking for various tools to change approaches and actions regarding the temporarily occupied territory of Crimea. The activity of the authorities of Ukraine shows, that the state is constantly trying to bring the time of Crimea's return closer, opposes the violation of human rights, demands that the russian federation respect the rights and freedoms of residents on the temporarily annexed peninsula. Although the russian federation temporarily retains physical control over Crimea, but the peninsula was and remains the sovereign territory of Ukraine. Russia's false claims to sovereignty over Crimea were resolutely rejected by the entire international community.

Equality and non-discrimination: some issues of implementation

The path of Ukraine as a legal democratic state to the European space determines such primary activity directions and fundamental values as human rights and freedoms. That is why their consolidation is carried out at the legislative level, including the provisions of international treaties in this area. Nowadays in Ukraine, human rights are legally defined, including, in particular, the right for an equality and protection from discrimination. Therefore, issues of equal treatment guarantee (constitutional equality principle), irrespective of nationality, race, gender identity, ethnic origin, religion, physical disabilities, age, etc., are remain up-to-date. However, non-discrimination principle is still not enshrined in the Constitution of Ukraine, as well as efficient mechanism that would enable implementation of this principle. So, currently, principles of an equality and non-discrimination are remain quite disputable among scientific community. Firstly, it concerns terminological apparatus. In theory alongside with the term «equality» use the term «equity», they are either interchange or being used as part and whole – «equity» includes both equality and non-discrimination principles. Secondly, the current legislation is inconsistent in terms of the regulation of general provisions on equality and non-discrimination. However, on Ukraine`s way to European integration, it is important to take into account the provisions of world standards on the protection of human and civil rights and freedoms, in particular the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, which is prerequisite for the harmonious development of Ukraine as a European state. Key words: law, rights and freedoms, constitutional principle, equality, equality, equality, non-discrimination, person, citizen.

"KONSTITUTSIONALIZMNING PAYDO BO‘LISHI VA UNING RIVOJLANISH ASOSLARI "

"In this article, the classic theories and classical concepts of constitutionalism, as well as the characteristics and practice of constitutional government in the whole world, are considered from a scientific theoretical point of view. Also, the role of constitutionalism in the historical process of the countries of the world up to the stage of achieving democratic freedoms and the fact that it was the basic concept in the organization of state power are studied. In today’s globalized world, we can understand that constitutionalism is the foundation and basis of any developed country from the point of view of the organization of the state and law. It is revealed that constitutionalism played an extremely important role in the gradual development of humanity and in the emergence of basic human rights and freedoms based on the basic concepts and approaches of ancient philosophers. The traditions of constitutionalism in the creation of the state and law, which is one of the most urgent problems of today, and its organization and main concept in this process, are based on deep thoughts and scientific considerations. When familiarizing myself with the article, the proportion of constitutionalism and similar theories created by the human mind in the transition to the democratic society it dreamed of from the beginning of humanity to the present day has been scientifically compared and studied. Based on the concepts of person, state, and society and their rights and obligations before the constitution and the law, the most ideal form of these three subjects is the basis of constitutionalism. It is interpreted through existing theories and methods. "

Problems of correlation of the right to information and the right to privacy on the internet

The article analyzes the legal regulation of the private life of citizens, which is becoming increasingly open due to the expansion of modern Internet resources. The relevance of this issue both in the Republic of Kazakhstan and in Russia is confirmed by the growing volume of litigation on the topic of our research. The main goal of our research is to reveal fundamental human rights and freedoms related to information related to private life with the expansion of digital technologies and, in particular, the Internet. The authors made an attempt to correlate the right to freedom of information and the right to ensure privacy on the Internet. The results obtained by the authors may be useful in solving problems of qualifying acts related to violation of the right to privacy if there is a conflict with the right to receive information. The authors used a wide variety of research methods, the main one of which was the comparative legal method, which was used both when comparing the institutions of the right to privacy and the right to information. At the end of this study, the authors came to the conclusion that both the right to privacy and the right to information on the Internet are implemented exclusively within the framework of the law and with mandatory consideration of the consequences of violating such rights.

Harmonization of Ukrainian legislation with European law in the field of digital transformation of courts

The article is devoted to the problems of harmonization of national legislation in the era of digital transformation of courts with European law. The article reveals the essence of harmonization of Ukrainian legislation with European law in the field of digital transformation of courts. The main areas of research of scientists who at various stages were engaged in the study of problems related to the general characteristics of the harmonization of Ukrainian legislation with European law in the field of digital transformation of courts were studied. The European experience of the digital transformation of courts was analyzed and ways of harmonizing Ukrainian legislation with European law in the above-mentioned area were proposed. The theoretical problems of the digital transformation of the judiciary of Ukraine with European law are determined. A system of measures, functions and principles of harmonization of national legislation in the era of digital transformation of courts with European law is proposed. The stages of harmonization of legislation on the digital transformation of Ukrainian courts with European law are named. A comparative analysis of the legislative regulation of the judiciary in the era of digital transformation in Ukraine and in foreign countries was carried out, on the basis of which proposals were developed regarding the possibility of using foreign experience in the law-making activity of the state.The author argues that the observance of fundamental digital human rights and freedoms to some extent depends on the perfection of national legislation on judicial proceedings and legal mechanisms that will regulate the field of artificial intelligence used in courts. The article substantiates that the draft resolution of the European Parliament and the Council, proposed by the European Commission, establishing unified rules for artificial intelligence (Artificial Intelligence Act) and amending some EU legislative acts, is an important stage in the formation of the legal basis for regulating the use of artificial intelligence systems in courts, which must stand the test of time, balance the protection of fundamental rights, ensure legal certainty and stimulate innovation. Key words: digital transformation, national courts, European law, European judiciary, electronic court, digital technologies.