Judicial Protection Of Human Rights Research Articles

The history of the development of the institute of judicial administrative and legal protection of human rights

The article examines the history of the development of the Institute of Judicial Administrative Legal Protection of Human Rights. The socio-economic, political-legal, ideological relations that formed in Ukraine in the period from the beginning of the 18th to the middle of the 20th century were chosen as the object of the study. In addition, which had a decisive influence on the development of ideas about judicial protection of human rights. The subject of the research is political and legal views on judicial protection of human rights. The methodological basis is the principles of historicism, scientificity and objectivity. Problem and comparative research methods were most intensively used. Development of the topic and interpretation of the studied material were carried out taking into account the peculiarities of the analyzed period. When solving the assigned tasks, he followed a complex approach to the analysis of legal phenomena. The chronological boundaries of the study are determined by what was formed at the end of the 18th to the middle of the 20th century. the political and legal opinion in Ukraine regarding the protection of human rights, within the framework of administrative proceedings in particular, has undergone a significant evolution. The political and legal opinion on the implementation of the protection of human rights against the arbitrariness of state authorities formed the basis of the reform of the judicial system, and in the process of this transformation, a new link appeared in the judicial system - the administrative court. It is indicated that the theoretical, practical and didactic significance of the problem is due to fundamental changes in the life of Ukrainian society in the context of integration into the European Union, in which the highest value is recognized as a person, with his status, rights and obligations. It is noted that the construction of a harmonious system of human rights and responsibilities, and, most importantly, the establishment of a mechanism for their real implementation are directly dependent on a comprehensive study of the patterns of formation, formation and functioning of rights and responsibilities, starting from the moment of their inception and up to the present time, which will allow to identify the peculiarities of their further development, to determine the place of rights and obligations in the system of legal values, as well as to identify the prerequisites of existing problems in their implementation and to propose ways to overcome them.

Историко-правовая характеристика института судебной защиты прав человека как основы взаимодействия публичной власти и гражданского общества

The article is dedicated to the study of a number of tendencies in the development of judicial protection of human rights from the standpoint of the assurance of efficient and constructive cooperation between public government and the civil society. The author justifies the opinion that contemporary Russian justice as the main component of the mechanism of judicial protection of human rights and freedoms is supplemented with efficiently developing institutions of prosecution, advocacy, notaries, corporate and individual legal assistance, civil society; however, certain models, examples and patterns from the state law history of the country could play a positive role as well.

Constitutional Models and Judicial Protection of Human Rights in Ecology in the Context of Global Climate Change (Foreign Experience)

The author refers to the foreign experience of constitutional and legal regulation in the field of ecology and the urgent problem of human rights protection in the conditions of climate change. A comparative analysis of the texts of the constitutions testifies to the recognition of the relationship of human rights with the environment; «a favorable environment» is declared as a constitutional goal. The author determines two main constitutional models. Within the framework of the first model, the right to the environment («favorable», «healthy», «balanced») is enshrined as an separate human right. The second model declares the right to life, health and other rights of the individual in an environment that meets the requirements of «favorable». The climate agenda as an urgent requirement of modern international law is reflected in the national law of States. Over the past 30 years, there has been a steady trend in the growth of individuals’ claims and their associations to executive authorities in connection with the onset of adverse effects from climate change. The analysis of judicial practice indicates the formation of two types of «climate» cases. The first group concerns protection of specific human rights (the right to life, the right to health, the right to property) violated due to ineffective measures of state bodies in combating the negative consequences associated with climate change. The second type of «climate» cases includes cases challenging regulatory and other acts (for example, permits for the construction of facilities whose operation will increase greenhouse gas emissions). The causes of action concern the need to change (cancel) acts in order to establish stricter limits on greenhouse gas emissions or in the adoption of special programs to combat climate change. The author draws the conclusion about a more successful practice of protecting rights within this type of «climate» cases.

Standards of the right of access to court and fair trial in administrative proceedings

Purpose. The purpose of the work is to clarify the content of the standards of the right to access to court and a fair trial in administrative proceedings, as well as to analyze the role of the European Court of Human Rights in the sphere of regulation of these standards. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and proposals. Such methods of scientific knowledge were used: dialectical, analysis, synthesis, formal-legal, structural, comparative-legal. Results: in the process of research, it is proposed to consider the standards of administrative proceedings as a constituent element of international standards of human rights and freedoms, which aim to increase and ensure the effectiveness of judicial protection of human rights and fundamental freedoms in the process of resolving disputes, one of the parties of which is the subject of power. An analysis of the role of the European Court of Human Rights in the sphere of regulation of administrative process standards was carried out. It was concluded that the harmonization of regulations in the field of defining the standards of the right to access to court and a fair trial will contribute to the creation of a single European legal space. Originality. In the process of research, it was established that the standards of the right to access to court and a fair trial constitute the minimum level of ensuring the rights of a person in the judicial process, as well as the presence of characteristic features of their application in the consideration of administrative cases. Practical significance. The results of the research can be used in law enforcement activities in the process of improving the current administrative procedural legislation of Ukraine, as well as in law enforcement activities during the judicial protection of violated individual rights in relations with public authorities.

From liberal to conservative? The role of Hong Kong Court of final appeal in safeguarding fundamental rights under China's One Country Two Systems policy

ABSTRACT This paper explores Hong Kong Court of Final Appeal's role in protecting fundamental rights under China's One Country Two Systems practice. It starts by giving an account of the constitutional and legal framework for Hong Kong's judicial protection of human rights. It examines the Court's efforts in obtaining constitutional jurisdiction, employing generous interpretation approach to rights guarantees, reforming standards such as proportionality and reasonableness for scrutinising rights restrictions, and broadening reference inputs by comparative approach and amicus curiae for interpretation of rights provisions. It indicates that through these ways the CFA has developed freedom-friendly common law constitutionalism and formed judicial preferences in favour of personal liberty. It advocates that the so-called conservative performance of the CFA on rights issues in national security cases may be its efforts to secure judicial independence and the common law system in a changing political climate. The article posits that due to the CFA's strong foundation in judicial protection of human rights, and its recent efforts to incorporate national security law into common law, it is well-positioned to play a crucial role in preserving the way of life for Hong Kong residents as China's Hong Kong policy enters a new era.

ԴԱՏԱԿԱՆ ԵՎ ԱՐՏԱԴԱՏԱԿԱՆ ԿԱՐԳՈՎ ՎԱՐՉԱԿԱՆ ԱԿՏԻ ԲՈՂՈՔԱՐԿՄԱՆ ԴԵՐԻ ԵՎ ՆՇԱՆԱԿՈՒԹՅԱՆ ԻՐԱՎԱՀԱՄԵՄԱՏԱԿԱՆ ՎԵՐԼՈՒԾՈՒԹՅՈՒՆԸ ԱՆՁԻ ԻՐԱՎՈՒՆՔՆԵՐԻ ՎԱՐՉԱԻՐԱՎԱԿԱՆ ՊԱՇՏՊԱՆՈՒԹՅԱՆ ԲՆԱԳԱՎԱՌՈՒՄ

The purpose of the article is to highlight the problems aimed at the effective protection of human rights and provide recommendations for their solution, which derives from the requirements of Article 18 of the Constitution, according to which "Everyone has the right to effective means of legal protection of his rights and freedoms before the courts, as well as other state bodies." The issue of administrative-legal, extrajudicial and judicial protection of human rights and freedoms is most relevant in the wide-scale field of public relations. Human rights are most often violated during the activities carried out by the bodies of the executive power or their officials. In this article, we have highlighted the mechanisms and measures that allow you to find out which means of protection is more effective at the moment. The article discusses the role and significance of judicial and extrajudicial administrative act appeals in the field of administrative and legal protection of personal rights, their features, highlights existing gaps and offers solutions for ensuring and improving the protection of human rights, which lead to the fact that the protection of human rights administrative and legal forms are meant to serve for the restoration of violated human rights and ensuring the protection of rights, and the real guarantees for the implementation of these forms are the administrative and legal measures for the protection of rights, which need to be improved and whose gaps we have addressed by analyzing also current practice.

Judicial protection of human rights in the field of national security as a comprehensive political and legal institute.

Judicial protection of human rights in the field of national security as a comprehensive political and legal institute.

Judicial protection in the system of ensuring human and civil rights and freedoms in Ukraine

The article is devoted to judicial forms of protection of the rights and freedoms of man and citizen as an important part of human rights in Ukraine. The provisions of the current procedural legislation, comparing approaches to securing the possibility of recourse to court to protect the rights and freedoms are analyzed in the article. Theoretical views on judicial protection of human rights as part of the mechanism in Ukraine are also studied. Particular attention is drawn to the constitutional reform of justice in Ukraine, especially its impact on the implementation and the possibility of judicial protection of rights and freedoms of man and citizen. The important theoretical and practical issues of the right to judicial protection of human rights mechanisms in Ukraine are described. Key words: аdvocacy, rights and freedoms of man and citizen, legal protection, judicial authorities, the constitutional reform of justice

THE CONCEPT AND ESSENCE OF JUDICIAL PROTECTION OF ENVIRONMENTAL HUMAN RIGHTS

The study is devoted to the examination of the essence of judicial protection of environmental human rights and the definition of the concept of “judicial protection of human rights”. The relevance of the study is due to the importance of the subject of judicial protection of environmental rights in war conditions. In the context of the implementation of the purpose of the study, the issues of judicial protection of environmental human rights in general and in war conditions, the study of legal doctrine and legislation in the relevant field, considering the judicial practice of resolving relevant disputes, are identified. During the study of the issue of judicial protection of environmental human rights, a comparative legal method was used, which helped to analyse and compare scientific views, theories, and approaches and consider problematic issues for their further solution. Due to the generalisation method, forecasting or proposing statements for improving the legal regulation of the protection of environmental human rights is applied, and due to the analysis method, the features of the principles of legal regulation of the protection of environmental rights are determined. In addition, the study is accompanied by quoting normative regulations, in particular, international treaties, which regulate all events that are currently taking place between Ukraine, the Russian Federation, and Belarus, but notes the non-fulfilment of such international treaties by Belarus and the Russian Federation. The study analyses the opinions of researchers in the field of environmental rights protection, which generally characterise the judicial practice of considering environmental disputes and emphasises the need to increase public activity in the protection of violated environmental rights. The study considers the practice of judicial protection of environmental human rights and describes the problems that exist in the context of the protection of environmental human rights. The specific features of judicial protection of environmental human rights are identified and the main examples of substantial violations of environmental human rights during the war with the Russian Federation are indicated, it is indicated what actions of the Russian Federation and Belarus caused damage to Ukraine in the field of environmental safety, with direct indication of specific objects that were hit by military equipment, as a result of which there is still a risk of environmental disasters not only in Ukraine but also in neighbouring countries. The proposals for improving the judicial protection of environmental rights outlined in this study are unique and effective for compiling scientific texts and conducting classes in the relevant field of law.

THE ROLE OF THE STATE JUDICIAL ADMINISTRATION OF UKRAINE IN THE ORGANIZATIONAL SUPPORT OF JUSTICE

In recent years, due to numerous transformations of the legal framework for the functioning of the judiciary, the scientific community has focused on the fundamentals of the judiciary, the legal status of courts, the features of judicial protection of human rights and other important aspects of judicial law. Naturally, the issue of organizational support of justice is a derivative compared to the issues of the judiciary and the legal status of courts and judges. However, we should not forget that even in the context of reforms, the courts continue to operate and the bodies responsible for the organizational support of justice operate. And in this case, the problems of ineffective legal regulation and the implementation of organizational support of justice often make it impossible to achieve the effectiveness of any reforms, and often nullify them. Considering the above, it is critical to revive the scientific discussion on the issues of organizational support of the judiciary. The purpose of the article is to substantiate the role of the State Judicial Administration in the organizational support of justice. The article reviews the role of the State Judicial Administration in the organizational support of justice. Emphasis is placed on the European integration discourse of the study of the legal status of the SJA. Conceptual -categorical, structural-functional and organizational aspects of determining the role of the SJA in the organizational support of justice are described. The importance of further research into the role of the SJA in the financial provision of full and independent justice, analysis of the communicative activity of the SJA in the system of organizational support of justice, as well as finding ways to stimulate innovation activity was emphasized. Key words: State Judicial Administration of Ukraine, organizational support of justice, full and independent justice, system of subjects of organizational support of justice, innovation activity.

EXTRAJUDICIAL INSTITUTIONS IN THE SPHERE OF HUMAN RIGHTS PROTECTION IN THE EU

In general, there are judicial and extrajudicial ways to protect human rights in the EU. Judicial protection of human rights from violations by international institutions falls within the jurisdiction of the Court of Justice. Extrajudicial institutions that protect the rights of the individual include the following: the Ombudsman of the European Union, the EU Agency for Fundamental Rights, and EU bodies such as the European Commission and the Council of the EU. It should be noted that the functions of these bodies in the field of individual rights are to protect the rights of the individual from violations by the bodies of the European Union and not the EU Member States. Extrajudicial bodies responsible for the protection of individual rights should be distinguished as follows. Depending on the purpose of education: specialized institutions for the protection of individual rights: the Agency for Fundamental Rights of the European Union, the Ombudsman of the European Union, and bodies of general competence: the European Commission or the Council of the EU. According to the subject of the appeal to the Institute for Protection of Rights: the Ombudsman of the European Union, for appeals of individuals, the Agency for Fundamental Rights of the European Union, which provides for appeals of certain bodies of the European Union and the Council of the EU. The Council of the European Union is the main body of the EU in terms of performing various functions. It is considered the main rule-making body of the EU. It is important to note that the issue of protection of individual rights is not a priority, but only one of the functions of this EU body. The main executive body of the EU is the Commission of the European Union, which performs the function of investigating illegal actions and can impose penalties on violators. The object of illegal actions may be an offense by a Member State of the requirements imposed on it by the EU's founding treaties, including human rights offenses. The basis in this process, within the framework of the investigation, is the right of both natural and legal persons to apply to the Commission for illegal actions committed by a Member State. The human rights procedures used by the Commission should be considered quite effective, as they combine both information and representation. Since the entry into force of the Maastricht Treaty, the EU has established a mechanism for the protection of human rights, namely the Ombudsman of the European Union.

Administrative and legal characteristics of the place and role of a judge of the Higher specialized court

One of the aspects of the implementation of judicial reform in Ukraine was the establishment of the High Specialized Courts, which were to ensure the administration of objective justice in important areas, including combating corruption and combating intellectual property offenses. In this context, it is important to determine not only the role and place of these judges in the judicial system of Ukraine in general, but also to provide administrative and legal characteristics of the place and role of judges of higher specialized courts in particular.
 The purpose of the article is the administrative and legal characteristics of the place and role of a judge of the higher specialized court.
 According to the principle of separation of powers, all three branches must be independent of each other. Concentration of power in a state body or person can lead to the seizure of power. The judiciary is the most reliable and civilized way to protect human rights and civil rights and freedoms, and judicial protection of human rights and freedoms is the most democratic and appropriate way to consider the facts and causes of various disputes and establish the truth in pending cases.
 As for the role of the judge directly in the process, the judge considers the case within the established procedural norms. Everything is based on the legal basis, and the judge is in fact the observer of the process, a person who, in accordance with the law, strictly adheres to all procedural norms.
 It is concluded that the role of a judge of the High Specialized Court is more important than the role of a judge of a court of general jurisdiction, as evidenced by additional requirements for candidates for a judge of a special court and the importance of requirements for highly specialized judges in general.

Recognition of factual circumstances by the parties to a case as a basis for exemption from their proof in civil proceedings of Ukraine

The relevance of the study is conditioned by the global necessity of improving the legal regulation of judicial protection of human rights, freedoms and interests in human society. The purpose of the study is to investigate the features of recognition of factual circumstances by the trial participants in civil proceedings. Recognition of factual circumstances is an important element of the proof procedure in civil cases, and the current state of procedural and legal regulation due to its impact on the positive completion of the trial. Study results allowed the authors to conclude that further implementation of reform activities by the state in the judicial system and civil proceedings should be accompanied by consideration of scientific and theoretical developments and proposals for the legal regulation of issues concerning the proof procedure.

JUDICIAL PROTECTION OF HUMAN RIGHTS AND FREEDOMS AS A LEGAL INSTITUTION: CURRENT STATE AND PROSPECTS OF DEVELOPMENT IN THE RUSSIAN FEDERATION

Purpose. To analyze the legal institution of judicial protection of human rights and freedoms, its current state and prospects for development in the RF. Objectives. To consider the complex right to judicial protection as the main element of a legal institution. To reveal the content of the elements of the institute for the protection of human rights. Formulate a definition of the concept of judicial protection. Conclusions. Among the many systems of ensuring human rights and freedoms, judicial protection is the most important element of state protection in the Russian Federation. When identifying the protection of human rights as a system, it is more appropriate to use a broader theoretical structure, namely, to adhere to the concept of “institution for the protection of human rights”, the deemed pat of which impulse the introduction is certain mechanisms, include means and procedures is protection. In the domestic legal literature, the concreting of a mechanism for the protection of human rights has been introduced to reveal the dynamic characteristics of the human rights function of the state. From the poet of view role is individual haunches and bodies of power in the protection of rights and freedoms, it is advisable to distinguish the following composite types of human rights protection: law-making (legislative) protection; administrative (executive and administrative) protection; judicial protection. The right to judicial protection is a complex constitutional right of an integrated type. Judicial protection of rights and freedoms is a multidimensional legal concept that can at least be considered, firstly, as a type of state-legal protection of rights and freedoms; secondly, as a public-legal, interpectoral institution within which the public and private interests of legal subjects are protected through the judiciary; thirdly, as a function of the roles is law that guaranteeing the realization is rights through access to justice and fair trial, fourth, as a key element of the mechanism for the realization of rights and freedoms; fifth, as the most universal and authoritative means of legal protection, applied in combination with other procedures used at the initial stage of dispute resolution or legal conflict (pre-trial settlement of a dispute within the framework of administrative procedures, mediation and reconciliation of the parties).

Contemporary Challenges and the Rule of Law in the Digital Age

The purpose of this article is to study the rule of law as a principle of the modern state of the XXI century, to study the problems in the field of human rights that have arisen with the development of modern digital technologies. The study of this issue is quite relevant, as the conclusions drawn from our work can be taken into account in further theoretical developments in international and national protection of human rights, aimed at improving the effectiveness of judicial protection of human rights and improving existing legislation.

The Legal Positions of the Constitutional Court of the Russian Federation on the Execution of Decisions Made by the European Court of Human Rights

Amendments to the Russian take effect on 4 July2020. In Chapter 3, Structure, of the of the Russian Federation there is a provision for a set of amendments specifying the status of constitutional law in the Russian Federation regarding domestic and international/interstate relations as well as relating to questions of Russian national/state identity and guarantees of its preservation and protection. On 15 January 2020 in the Presidential Address to the Federal Assembly a number of constitutional amendments were proposed for discussion, including the introduction of certain changes to the of the Russian Federation. These changes will be guaranteed priority in Russia's legal framework. President Vladimir Putin noted that, requirements of international law and treaties as well as decisions of international bodies can be valid on Russian territory only to the point that they do not restrict the rights and freedoms of our people and citizens and do not contradict our Constitution The topicality of considering the relationship between national and international court jurisdictions is predetermined by the fact that Russia has ratified Protocol No. 15. On 1 May 2017 a federal law-ratifying protocol establishing a subsidiary role of the European Court of Human Rights was signed. Such a role, in addition to the national mechanism of the judicial protection of human rights, is necessary to implement judicial protection, primarily in Russian courts including the Supreme Court (which is the highest court for civil, economic, criminal and administrative cases and which also protects human rights and freedoms by considering cassation and supervisory complaints against final and binding court rulings) and the Constitutional Court (which, as the highest court body of constitutional control, considers cases of citizens' complaints about the violation of constitutional rights and freedoms by a law applied by state bodies). At the current level of legal development, there are both a necessity and practical possibility of altering approaches to the implementation of international rules. This paper considers the correlation of national and international law. On the basis of decisions of the Constitutional Court of the Russian Federation on the so-called request for the applicability of decisions of the European Court of Human Righ ts, legal views are given on the applicability of international rules by Russian courts, including their interpretation by international court institutions. The revised version of Article 101 of the Federal Constitutional Law on the Constitutional Court, which makes it possible to apply to the Constitutional Court contrary to an official ECHR decision, has been in effect since 2014.

INTRODUCTION OF EUROPEAN HUMAN RIGHTS STANDARDS INTO THE NATIONAL JUDICIAL PROTECTION SYSTEM

The article analyzes the basic European standards for the formation of a modern system of public administration in view of the guarantees of judicial protection of human rights. A scientific and theoretical study of the formation and implementation of European standards for the protection of human rights, identified optimal ways to implement them in the modern system of public administration in Ukraine. The necessity of observance of human rights and their proper protection by the state as a criterion of the indicator of efficiency of the power is argued. The urgent need for further adaptation of the current national legislation in accordance with European standards, as important factors in the successful implementation of European aspirations of the state, as the European integration of Ukraine is a long-term strategic guideline. It is emphasized that the proper provision of human rights protection, guarantees and protection mechanisms form the humanistic nature of human-state relations, their interaction, as well as a real prospect for further development towards the introduction of new European standards of human rights protection. human rights is an urgent task of a state that has declared itself a democratic, social and legal state and has recognized human rights and their guarantees as determining the content and direction of its activities. European standards in the field of human rights protection are analyzed, which gives grounds to conclude that there are international stereotypes in the field of human rights protection, which have received international recognition and are enshrined in international regulations as binding agreements. It is emphasized that an important direction in the formation of a modern model of public administration is the development and implementation of such a management paradigm, which would aim at the proper implementation of judicial protection of human rights in public relations.

СУДЕБНАЯ ВЛАСТЬ И ИСКУССТВЕННЫЙ ИНТЕЛЛЕКТ: ПРАВОВЫЕ АСПЕКТЫ ВЗАИМОДЕЙСТВИЯ

The review examines the legal problems of AI's influence on the judiciary. The issues discussed are diverse: from doctrinal aspects of the transformation of law in the context of digitalization, to specific institutional problems related to the judicial protection of human rights, the responsibility of the judiciary for making a fair and legally sound decision

До питання про предмет адміністративного права у вітчизняній та європейських правових доктринах в умовах трансформаційних змін

У статті розглянуто предмет адміністративного права у вітчизняній та європейських правових доктри-нах в умовах трансформаційних змін. Зазначено, що вітчизняне адміністративне право, як і багато інших галузей права, піддалося серйозним трансформаціям, адже інтенсивна динаміка розвитку суспільних відно-син в умовах європеїзації та глобалізації дає імпуль-си для правової матерії, які спрямовані на розвиток і вдосконалення, а також виявлення нових, інновацій-них підходів до формування сучасної правової док-трини адміністративного права України. Акцентова-но на мобільності поняття «публічна адміністрація», яка змінює предмет адміністративного права, а також неможливості сформувати визначення цій галузі пра-ва. Наголошено, що визначення адміністративного права можливе тільки на основі аналізу реальних суспільних відносин, які регулюються нормами чинно-го законодавства, крізь призму їхнього правозастосу-вання та механізмів судового та позасудового захисту в разі їх порушення. Зроблено висновок, що вітчизня-на модель сучасного адміністративного права у частині визначення його предмета повністю відповідає тенден-ціям розвитку адміністративного права європейських країн відкритого типу. На формування його предмета в державах-членах Ради Європи (ЄС) вплинули дуа-лізм публічної адміністрації (поєднання управлінської складової частини із сервісною), гуманізація права загалом й адміністративного права зокрема, підвище-на увага до механізмів судового захисту прав людини (діяльності адміністративних судів), глобалізація, що проявляється в побудові мережевої адміністрації на основі договірних відносин; європейська інтеграція з третіми країнами, європеїзація (вплив ідей, принци-пів, підходів, що характерні для європейського адміні-стративного права та європейських країн).

The Dilemma of Dissent: Split Judicial Decisions and Compliance With Judgments From the International Human Rights Judiciary

The mutual dependence between courts and their compliance constituencies is a fundamental feature of judicial power. Actors whose rights and interests are reinforced by court decisions may use these as legal ammunitions while contributing to ensuring that court decisions are effectively implemented. We argue that judgments that contain dissenting opinions are less powerful in this regard, compared with unanimous decisions. The reason is that dissent reduces the perceived legal authority of the judgment. Using data from the international human rights judiciaries in Europe and the Americas, we provide evidence of a negative relationship between judicial dissent and compliance. Our findings have important implications for questions relating to the institutional design of courts, for courts’ ability to manage compliance problems, and for understanding the conditions for effective international judicial protection of human rights.