Limited Rights Research Articles

Brazilian Parties in the XXI Century and the Conservative Agenda of the New Right

Conservative agenda is a fundamental component of the New Right politics in the public debate throughout the world. However, in Brazil, the conservative agenda has been advanced across the entire party system, from left to right, by new and old political parties. This paper compares proposals for constitutional amendments presented between 2001 and 2022 by federal deputies in Brazil, focusing on targeted restrictions of rights and guarantees and the tightening of law-and-order provisions. The findings show that neither new-entrant parties nor ideology predict the saliency of conservative content in parties’ constitutional activity. This analysis contributes to disentangling the conservative agenda from the concept of right-wing politics, even the New Right.

Conditions for the restriction of intellectual rights in the protection of the constitutional right of citizens to health protection

The article examines and substantiates the conditions under which it is possible to restrict intellectual rights, primarily patent holders, in order to protect the constitutional right of a citizen to health protection. The topic is becoming especially relevant in the modern Russian realities of foreign sanctions and the need to ensure the availability, in particular, of medicines and medical devices. Based on the analysis of legislation the author identifies the main goals of restricting rights related to health protection and possible initiators of these restrictions. Based on the results of the study of the positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on the restriction of rights, as well as on the basis of the analysis of doctrinal sources and the literal interpretation of the norms of sectoral legislation, the main conditions and criteria for restricting intellectual rights in the implementation of the constitutional right to health protection were specified, systematized and justified.

The role of the principle of proportionality in the development of modern constitutionalism

The article examines the formal and substantive interrelationship between the principle of proportionality and modern constitutionalism, elucidating the essence of the phenomenon of constitutionalism through its characteristics and the role of the principle of proportionality in its establishment and development. Based on the works of domestic and foreign researchers on constitutionalism, it has been assumed that the key value and feature of modern constitutionalism is the limitation of state arbitrariness, the inadmissibility of unjustified interference (restriction) of human rights and freedoms, and the partnership relations between the individual and the state. This, in turn, must be guaranteed, ensured, measured, and evaluated by specific legal instruments, one of the most important and applicable of which is the principle of proportionality. The impact of the principle of proportionality on the development of constitutionalism is analyzed through its function and purpose, demonstrating the direct dependence of the exercise of state power based on the constitution and in accordance with the principle of the rule of law on the adherence to the principle of proportionality by public administration. The provision that real constitutionalism can only be discussed when all its values are considered and protected in the process of law-making and law enforcement, not at an abstract-formal level, but in each specific case of interference (restriction) of human rights, subjected to a consistent and structured proportionality test, has received further development. It is concluded that the principle of proportionality plays a key role in the development of modern constitutionalism. Considering the contemporary challenges faced by human rights and freedoms, it has been concluded that the principle of proportionality is the safeguard intended to protect human rights and freedoms by addressing questions regarding the legitimate aim of certain state actions, the necessity of such actions, the adequacy and relevance of the means chosen by the state to achieve such an aim, the balance between the potential benefit for public interests and the extent of the restriction of rights, etc., which is a crucial factor not only in ensuring but also in developing modern constitutionalism.

Surface Cleaning with a Microfiber Cloth and Water followed by Ultraviolet-C Light Exposure Achieves Non-Inferior Disinfection of a Pathogenic Staphylococcus aureus Strain versus Use of Germicidal Wipes.

We hypothesized that ultraviolet-C (UV-C) irradiation (Surfacide, Waukesha, WI) following use of microfiber cloths (Sanny Shop LLC, Longmont, CO) soaked in waterwould be noninferior to surface disinfection wipes containing a quaternary ammonium compound and alcohol (PDI Healthcare, Woodcliff Lake, NJ)for the pathogenic Staphylococcus aureus (S. aureus) sequence type 5 (ST5). This was a randomized laboratory study of disinfection approaches for S. aureusST5. A total of 270 polycarbonate slides loaded with ST5 were prepared for the standard surface disinfection group (N=18) and water-soaked microfiber cloths and UV-C treatment group (N=144), along with positive and negative microbiological controls. All 18 samples of S. aureus ST5 bacteria treated with standard chemical wipes showed complete disinfection (colony forming units (CFU) = 0). All 144 treatments with water-soaked microfiber wipes followed by UV-C exposure showed complete disinfection (CFU =0) regardless of soiling, height from the floor, or orientation to the emitters. The upper 95% exact one-sided confidence limit for any CFU >0 was 2.1%. These data affirm our hypothesis that surface wiping with a damp cloth followed by triangular UV-C irradiation delivery is noninferior to surface disinfection for S. aureusST5 using germicidal wipes, even when UV-C is compromised by height from the floor and orientation to the emitters and surface disinfection is targeted. Removing bioburden with chemical-free microfiber cloths followed by triangular UV-C delivery is a noninferior strategy to targeted surface disinfection with chemical disinfecting wipes for the pathogenicS. aureusST5 strain in the laboratory setting.

Evaluation of the capacity and effective angle of thalamic damage for 2 commercially available captive bolt tool types on cadaver heads from sows >200 kg body weight.

This study evaluated the ability of 2 penetrating captive bolt (PCB) types (PISTOL, INLINE) to reach and disrupt the thalamus when applied in 2 placements (FRONTAL, BEHIND EAR) to chilled cadaver heads (N = 60) from sows >200 kg. Heads were randomly distributed across 6 treatments (n = 10): FRONTAL-INLINE, FRONTAL-PISTOL, FRONTAL-NO SHOT, BEHIND EAR-INLINE, BEHIND EAR-PISTOL, and BEHIND EAR-NO SHOT. The FRONTAL shot was placed 3.5 cm superior to the optic orbits at the midline; the BEHIND EAR shot was placed directly caudal to the pinna of the ear on the same plane as the eyes and targeting the middle of the opposite eye. For INLINE treatments, a Jarvis PAS-Type C 0.25R Super Heavy Duty PCB with a Long Bolt and 6.0 GR power loads was used. For PISTOL treatments, a Jarvis PAS-Type P 0.25R Pistol PCB with a Long Stunning Rod Nosepiece Assembly and 3.5 GR power loads was used. Heads were split along the bolt with a band saw. Tissue depth measurements are reported as Mean ± SE followed by 97.5% one-sided upper reference limit (URL). Total tissue thickness was less (P < 0.0001) at the FRONTAL (56.31 ± 1.76 mm; URL: 73.17 mm) than the BEHIND EAR placement (95.52 ± 3.30 mm; URL: 126.53 mm). Thalamic depth was less (P < 0.0001) at the FRONTAL (78.31 ± 1.32 mm; URL: 88.19 mm) than the BEHIND EAR placement (111.86 ± 3.22 mm; URL: 135.99 mm). The effective angle was greater (P < 0.0001) at the FRONTAL (4.72 ± 0.20°) than the BEHIND EAR placement (3.22 ± 0.17°). Potential for bolt-brain contact was not different (P = 1.0000) between FRONTAL-INLINE (10/10, 100% ± 0.01%), FRONTAL-PISTOL (10/10, 100% ± 0.01%), BEHIND EAR-INLINE (9/10, 90% ± 9.49%), and BEHIND EAR-PISTOL (10/10, 100% ± 0.01%); brain damage (P = 0.5577) between FRONTAL-INLINE (9/9, 100% ± 0.02%), FRONTAL-PISTOL (10/10, 100% ± 0.02%), BEHIND EAR-INLINE (4/10, 40% ± 15.49%), and BEHIND EAR-PISTOL (1/10, 10% ± 9.49%); potential for bolt-thalamus contact (P = 0.0683) for FRONTAL-INLINE (2/10, 20% ± 12.65%), FRONTAL-PISTOL (8/10, 80% ± 12.65%), BEHIND EAR-INLINE (7/9, 77.78% ± 13.86%), and BEHIND EAR-PISTOL (9/9, 100% ± 0.02%); or thalamic damage (P = 0.8041) for FRONTAL-INLINE (1/10, 10% ± 9.49%), FRONTAL-PISTOL (1/10, 10% ± 9.49%), BEHIND EAR-INLINE (2/8, 25% ± 15.31%), and BEHIND EAR-PISTOL (0/9, 0% ± 0.00%). The FRONTAL placement with an INLINE PCB may present the least risk of failure for the PCB euthanasia of mature sows >200 kg body weight due to less total tissue thickness and thalamic depth, greater effective angle, and prevalent brain damage.

Internal threats to the national security of Ukraine

A general theoretical description of the main internal threats to the national security of Ukraine is presented. Threats, risks and challenges are distinguished. It is emphasized that the problem of social inequality, economic stratification of the population and injustice is acute in Ukraine. The gap between the rich and the poor continues to grow. It causes anxiety and crime, which is, as is known, a significant threat to human rights and freedoms, national security. The global problem of today is terrorism, which poses a significant danger to human rights, is not only a criminal, but also a military-political threat, a new form of war, as we can see in the example of the war with Russia, when Russian troops kill the civilian population of Ukraine, destroy residential buildings and objects of critical infrastructure. Restrictions of rights and freedoms, ineffectiveness of the law, inefficiency of the authorities, which are too popular in a corrupt society, are also a threat. Demographic losses and the lack of a clear image of the country's future complete the perception of internal threats. The author concludes that corruption and war occupy a special place in the system of threats to national security. Corruption undermines democracy, the rule of law, hinders the effective provision of public services and nullifies people's hopes for security, without which it is impossible to fully realize human rights and freedoms. In a corrupt country, corrupt people get rich on war, steal material aid and funds allocated to Ukraine by other countries, international organizations, even funds collected by the population to help the military. By their actions, corrupt officials convince the whole world that its help is a useless thing, because it can be stolen. The facts of corruption are used by the enemy to incite the population to protest, which also does not contribute to national security.

Lateness of Acetaminophen and Non-steroidal Anti-inflammatory Drug Administrations in a Retrospective Cohort of Medication Administration Records Among Patients After Cesarean Delivery.

In an earlier study of patients after cesarean delivery, the concurrent versus alternating administration of acetaminophen and non-steroidal anti-inflammatory drugs was associated with a substantial reduction in total postoperative opioid use. This likely pharmacodynamic effect may differ if the times when nurses administer acetaminophen and non-steroidal anti-inflammatory drugs often differ substantively from when they are due. Weexamined the "lateness" of analgesic dose administration times, the positive difference ifadministered late, and the negative value ifearly. The retrospective cohort study used all 67,900 medication administration records for scheduled (i.e., not "as needed") acetaminophen, ibuprofen, and ketorolac among all 3,163 cesarean delivery cases at the University of Iowa between January 2021 and December 2023. Barcode scanning at the patient's bedside was used right before each medication administration. There were 95% of doses administered over a 4.8-hour window, from 108 minutes early (97.5% one-sided upper confidence limit 105 minutes early) to 181 minutes late (97.5% one-sided lower limit 179 minutes late). Fewer than half of doses (46%, P <0.0001) were administered ±30minutes of the due time. The intraclass correlation coefficient was approximately 0.11, showing that there were small systematic differences among patients. There likewise were small to no systematic differences in lateness based on concurrent administrations ofacetaminophen and ibuprofen or ketorolac, time of the day that medications were due, weekday, year, or number of medications to be administered among all such patients within 15 minutes. Other hospitals should check the lateness of medication administration when that would change their ability to perform or apply the results of analgesic clinical trials (e.g., simultaneous versus alternating administration).

Principles of limitation of rights and freedom through the prism of ensuring human security

The article examines the basic principles of restricting rights and freedoms through the lens of ensuring human security, and characterizes the purpose of such restrictions in the modern conditions of Ukraine’s development as a legal state. It is noted that the possibility of limiting freedom is a measure of state influence, designed to ensure the safety of citizens in critical situations that pose a danger to their lives, health and well-being. Such restrictions are especially significant today, when both Ukraine as an individual country and the whole world in general, given the previously mentioned globalization, are facing many threats, both military (given the ongoing war on the part of the Russian Federation), and socio-economic (including one can count the large-scale destructive consequences of war, forced migration, demographic crisis, etc.), and epidemiological (the largest of which in recent years has been the pandemic caused by the coronavirus). It is emphasized that the restriction of freedom can be understood both in a narrow sense - through the use of measures originating from the state, and in a broad sense. A person is limited in his actions by a wide variety of factors, such as: moral norms, opinions of the environment and many other things, which people often directly encounter in everyday life. according to the content of these provisions, a person’s freedom in society is not absolute: a person is limited to the extent that it allows him not to harm society and not prevent other people from exercising their rights. On the one hand, this leads to the possibility of the state restricting human rights and freedoms, which in itself has a negative tendency, and on the other hand, due to restrictions, law and order is ensured, which ensures the observance of human rights and allows society to function normally. A mandatory condition for the restriction of constitutional rights and freedoms of a person and a citizen is that it can take place only on the basis and in the cases specified in the law, and, as a rule, by a court decision. The procedure for implementing such a restriction is fixed in the national legislation. Bodies of state power, bodies of local self-government, their officials and employees, depending on the actual circumstances, are authorized to choose methods of ensuring national security on their own or by applying to the court. Some rights enshrined in the Constitution of Ukraine cannot, in principle, be limited. Among them are the right to life, to protection of dignity, to freedom of religion and protection of private life. Having analyzed the above rights, it was concluded that the law does not provide for the restriction of those rights, exercising which a person cannot prevent others from exercising their rights, or simply pose a danger to other people (in contrast, for example, to the restriction of the right to free movement infected with coronavirus or persons who evade mobilization). On this basis, the principles were formulated, according to which the measures taken to ensure security cannot limit all the rights and freedoms available to a person, especially when it comes to such fundamental ones as the right to life, these are, in particular, the principles of proportionality, economic efficiency and regulation of the introduced restrictions.

A statistical method for treating the “negative-age” and “negative-atom-number” conundrums in radioisotope dating

In radioisotope dating, statistical fluctuations of atom counts or decay counts can sometimes lead to unphysical results, such as negative counts after subtracting the background or negative apparent ages near the boundaries of the dating range. How to treat these boundary cases with a unified approach and give proper estimates on age limits and confidence intervals is an important issue in radioisotope dating. In this work, we combine the Feldman-Cousins likelihood-ratio ordering method for interval estimation, a Frequentist approach to make consistent transitions from the choice of one-sided limits to two-sided confidence intervals, and a Bayesian method to treat the background uncertainties. This data treatment method naturally eliminates the unphysical results. We use 81Kr dating and Atom Trap Trace Analysis as an example to illustrate the advantages. This method can be generalized to other radioisotopes and ultra-sensitive analysis techniques.

The view on the Situation in Afghanistan in the Chinese Media within China’s National Security

The withdrawal of US troops and the rapid takeover of Kabul by the Taliban (recognized as a terrorist organization and banned in the Russian Federation) in Afghanistan in 2021 shocked the world community. Even though the PRC actively opposes international terrorism, which the Taliban movement (recognized as a terrorist organization and banned in the Russian Federation) is accused of supporting, it has become one of the few countries that have begun to cooperate with the new Afghan regime. In the light of these events, China’s view of the situation in Afghanistan is puzzling, in particular, we are interested in how these events are reported in Chinese press. In this paper, first, we trace the evolution of the PRC’s official position on Afghanistan, and then, using frame analysis, analyze the coverage of the events of 2021 in the PRC by focusing on three authoritative newspapers, Chinese language versions of “People’s Daily”, “Global Times”, and “The Paper”. Our study demonstrates that the Chinese press supports China’s foreign policy in general and its policy in Afghanistan in particular. Stability in Afghanistan and cooperation with the Taliban (recognized as a terrorist organization and banned in the Russian Federation) on issues of Uighur separatism are important for China’s national security. In the Chinese media, the Taliban (recognized as a terrorist organization and banned in the Russian Federation) are not presented as accomplices of terrorism, which China is fighting within the framework of the Shanghai Cooperation Organization but are described as representatives of the Afghan people who aim to restore the security and stability in the country. When discussing the Taliban (recognized as a terrorist organization and banned in the Russian Federation) takeover in the Chinese media, the focus is often not on the crimes of the new regime - repression, abuse of power, restriction of rights, but on shortcoming of the US policy. The latter reflects an important discursive practice in the Chinese media, “othering” the United States.

“You cannot just stop life for just that”: a qualitative study on children’s experiences on refugee journey to Sweden

Children with refugee backgrounds are often exposed to violence and other adverse experiences with well-known detrimental consequences on mental health. However, the current group of approximately 40 million child refugees is heterogeneous, stressing the importance of first-person perspectives in understanding children’s unique experiences and needs related to the migration process. Identifying contextual factors promoting health and resilience is also essential. For instance, the roles children play as active agents in constructing their own lives and adapting to different environments are poorly described in contemporary research on child refugees and their mental health. To address these knowledge gaps, we conducted qualitative interviews with a reflexive thematic analysis with eighteen children with refugee backgrounds in Sweden. This resulted in two main themes: Longing for a good life that cannot be taken for granted and Challenged agency and changing rights. The narratives indicate that children, although exposed to different challenges in different migration phases and based on gender and asylum status, have experiences of ordinary childhood with a desire for a good life with prospects. The results also show that children execute active and adaptable agency that is impacted by various factors. Reaching the full age appears to be a confusing and ambivalent transition due to changes in rights. The results pinpoint several possibilities to address factors that pose a risk to health and restrictions of rights among child refugees.

Relationship of tissue dimensions and three captive bolt application sites on cadaver heads from mature swine (Sus scrofa domesticus)

Penetrating captive bolt (PCB) is a common method of euthanasia for swine but has not been evaluated for mature swine < 200kg body weight (BW). The objectives were to determine tissue depth, brain contact plane, and visible brain tissue damage (brain damage[BD]) for the common FRONTAL (F) and alternative TEMPORAL (T) and BEHIND EAR (BE) placements for PCB use on sows and boars weighing < 200kg. Cadaver heads were obtained from 30 sows and 30 boars (estimated BW, mean ± SD; sows: 165.8 ± 22.4kg; boars: 173.6 ± 21.4kg) from a slaughter establishment after electrical stunning and exsanguination. Heads were cooled at 2 to 4 °C for approximately 64h. A Jarvis PAS-Type P 0.25R PCB with a Long Stunning Rod Nosepiece Assembly and a 3.5 GR power load was used for all PCB applications at the following placements: F-3.5cm superior to the optic orbits at midline, T-at the depression posterior to the lateral canthus of the eye within the plane between the lateral canthus and the base of the ear, or BE-directly caudal to the pinna of the ear on the same plane as the eyes and targeting the middle of the opposite eye. For sows, the bolt path was in the brain for 10/10 (100.0%, 95% CI: 69.2% to 100.0%) F, T, and BE heads. In heads that could reliably be assessed for BD, BD was detected in 10/10 (100.0%, 95% CI: 69.2% to 100.0%) F heads, 9/9 (100.0%, 95% CI: 66.4% to 100.0%) T heads, and 0/10 (0.0%, 95% CI: 0.0% to 30.1%) BE heads. For boars, the bolt path was in the plane of the brain for 8/9 (88.9%, 95% CI: 51.8% to 99.7%) F heads, 9/10 (90.0%, 95% CI: 55.5% to 99.7%) T heads, and 11/11 (100.0%, 95% CI: 71.5% to 100.0%) BE heads. In heads that could reliably be assessed for BD, BD was detected in 8/9 (88.9%, 95% CI: 51.7% to 99.7%) F heads, 7/10 (70.0%, 95% CI: 34.8% to 93.3%) T heads, and 4/11 (36.4%, 95% CI: 10.9% to 69.2%) BE heads. Tissue depth was reported as mean ± SE followed by 95% one-sided upper reference limit (URL). For sows, total tissue thickness differed (P < 0.05) between placements (F: 49.41 ± 2.74mm, URL: 70.0mm; T: 62.83 ± 1.83mm, URL: 76.6mm; BE: 84.63 ± 3.67mm; URL: 112.3mm). Total tissue thickness differed (P < 0.05) between placements for boars (F: 54.73 ± 3.23mm, URL: 77.6mm; T: 70.72 ± 3.60mm, URL: 96.3mm; BE: 92.81 ± 5.50mm; URL: 135.3mm). For swine between 120 and 200kg BW, the F placement may have the greatest likelihood for successful euthanasia due to the least total tissue thickness and may present less risk for failure than the T and BE placements.

The principle of proportionality of restriction of rights and freedoms as a reflection of the coordination of interests of subjects of legal relations

The principle of proportionality of restriction of rights and freedoms as a reflection of the coordination of interests of subjects of legal relations

Some issued of human rights restriction under conditions of martial law (via the prism of the need approach) and methods of their overcoming

The purpose of this article is a detailed analysis of the grounds for the restriction of fundamental human rights under conditions of martial law and distinguishing the methods of overcoming the issues of human rights restriction.&#x0D; For the reduction of the events of personal information leakage, the mentioned publication of private information should be conducted in the interests of national security (right restriction), considering the understanding of the exercise of the legitimate interest of the state. Therefore, while publishing information, which has the content of private information, about an individual, a state should refer to the legal possibility which has an external expression form, is protected by the law and is ensured by it, and is directed on the realization of the interest of national security.&#x0D; Regarding the restriction of the right of an individual to the freedom of thought and expression, to free expression of views and beliefs, it is necessary to refer to the fact, that a view, thought, word, or belief of an individual can contain data, posing a threat to the national security of Ukraine (when an individual expresses it for another individual or a number of individuals). In such a situation, it relates to the arousal of the legally protected interest of the state. The state develops a legal motivation which is relatively defined within standards or may not have an external form of expression at all, and therefore needs to be proved and its implementation fixed through judicial bodies.&#x0D; For certain restrictions of the rights of an individual (for example, restriction of the right to freedom of personal philosophy and religion) a complex interest “default interest here with the purpose of further preservation of the interests of the society and state”,, is an important method of overcoming the issues related to its fixation and realization.&#x0D; The restriction of the right to freedom of association in political parties and public organisations may be achieved through establishing of legal and protected by the law interest only in relation to the consequences of actions (acts or failure to acts), which threaten national security and public order, and in other situations, established by part 1 of article 36 of the Constitution of Ukraine.

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.&#x0D; 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.&#x0D; 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.&#x0D; 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.

Aspects of implementing the principle of proportionality in the execution of a decision on a search permit for a personʼs home or other property

Trust in the state is an urgent problem for the countries of Central-Eastern and Eastern Europe. Since building partnerships between the state and society is possible only if the principle of procedural fairness is observed, restriction of a personʼs right to inviolability of housing or other property in criminal proceedings is one of the most pressing problems of modern Ukrainian legislation. The purpose of the study is to highlight certain legislative and enforcement aspects of the procedure for executing a decision on permission to search a personʼs home or other property that do not comply with the requirements of the principle of proportionality and create problems for ensuring a reasonable balance of private and public interests. Empirical, general, heuristic, and special legal methods of scientific knowledge were used to achieve this goal. It is established that the insufficiently regulated by the legislator issues concerning the determination of subjects authorised to comply with the decision on permission to search a personʼs home or other property, the seizure of property, the impossibility of prompt appeal against such a court decision, create an imbalance between private and public interests in criminal proceedings. It is generalised that the restriction of rights in the execution of a decision on permission to search a personʼs home or other property cannot be conducted if the means of restriction are not commensurate with the goal that the investigator or prosecutor seeks to achieve. A procedural situation in which the principle of proportionality can be violated in favour of not only the public interest but also the private one was modelled, which allowed outlining opportunities for potential abuse by a person, the rights of which were restricted. The study analyses the specific features of implementing such a resolution under martial law and highlights the criteria compliance with which will contribute to the implementation of the principle of proportionality. Recommendations for solving the problems outlined above are proposed. The results of the study will be useful not only for improving the relevant provisions of the Criminal Procedure Code of Ukraine and investigative practice but also for the possibility of developing additional guarantees of legitimate restriction of a number of other rights guaranteed by the Constitution of Ukraine during the implementation of the decision on permission to search a personʼs home or other property in criminal proceedings

On the general form of a linear continuous functional in the space of regulated functions

The author's research continues on the theory of regulated functions (functions having finite one-sided limits at each point) and $\sigma$-continuous functions (bounded functions having no more than a countable set of discontinuity points), as well as on the theory of the *-integral. The representability of a regulated function in the form of a sum of a right-continuous function and a left-continuous function is proved ($rl$-representability of the proper function). It is shown that the general form of a linear continuous functional in the space of regulated functions ($\sigma$-continuous functions) is the *-integral of a regulated ($\sigma$-continuous) function over a function of bounded variation.

Сonstitutional and legal regulation of the limitation of the right to education during a state of emergency in EU member states

Education is the key to the sustainable development of mankind [1; 2]. Observance and protection of the human right to education is an important and urgent issue for the world community, which makes maximum efforts in this area [3]. The right to education is a guarantee of the realization of a number of other subjective legal rights. Currently, a system of basic human rights and freedoms has developed, which are interconnected and in harmony with each other. This contributes to the normal functioning of humanity, the progressive development of society [4; 5].&#x0D; Everyone's right to education, enshrined in international law, in the course of their implementation in practice should not harm the rights and freedoms of other persons, as well as other legally protected interests of the individual, society and the state. For this purpose, states are forced to limit the right to education under certain conditions with the help of international legal and domestic legal means.&#x0D; In particular, a global threat to humanity has arisen in the modern world - Russia's aggression. The Russian federation is waging a full-scale war on the territory of Ukraine, occupied part of the territory of Ukraine, Moldova, Georgia, tried to start military operations in Kazakhstan, Azerbaijan. And here the issue of reasonable and necessary restriction of the human right to education in the conditions of a state of emergency or war comes to the fore.&#x0D; Attention is focused on the concept of the rule of law, because one of its features is the recognition of the natural nature of human rights and freedoms. The constitutions of Spain, the Netherlands, Germany and other states were analyzed. Three methods of constitutional and legal regulation of the restriction of rights and freedoms in the state of emergency have been identified. It has been established that the constitutions of Spain, the Netherlands, and the Federal Republic of Germany enshrine human rights, which may be restricted under conditions of a state of emergency or a state of defense, but the right to education is not included in this list. The second way of regulating the limitation of rights and freedoms in the state of emergency is that only those rights that cannot be limited in any way are listed (Portugal). The list of rights that can be limited remains open. The right to education is not included in the list of rights that cannot be limited. The third way of regulation of restrictions - the constitution enshrines norms according to which restrictions on human rights are possible during a state of emergency, but does not establish a list of these rights - there is a reference to a special law that develops the provisions of the constitution.&#x0D; It is concluded that the first method is the most consistent with the concept of the rule of law: establishing an exhaustive list of those rights and freedoms that can be limited.

Improved statistical methods for estimating infestation rates in quarantine research when hosts are naturally infested.

Trading partners often require phytosanitary or quarantine treatments for fresh horticultural produce to ensure no economically important pest species are moved with the imported product. When developing such treatments, it is essential that the level of treatment efficacy can be determined. This is often based on the mortality of the total number of target pests exposed to treatment, but in naturally infested products this number is not always known. In such cases, the infestation rate and subsequently an estimate of the number of pests are obtained directly from a set of untreated control samples of the host product. The International Plant Protection Convention (IPPC) Secretariat has provided 2 formulas for these situations that place an interval around the point estimate obtained from the control samples to obtain an estimate of the infestation rate. However, these formulas do not allow a confidence level to be assigned to the estimate, and there are concerns with the assumptions regarding the distribution and the measure of variability used in the formulas. In this article, we propose 2 alternative formulas. We propose that the lower one-sided confidence limit should be applied to all infestation datasets that are approximately normally distributed. As infestation data are sometimes skewed, it is proposed the lower one-sided modified Cox confidence limit is applied to data approximately log-normal distributed. These well-recognized formulas are compared to the formulas recommended by the IPPC and applied to 3 datasets involving natural infestation.

Limitation of human and citizen rights and freedoms and the role of the Supreme Council of Justice in ensuring independent justice and everyone’s right to protection of rights and freedoms by an independent court

The article emphasizes the change of the paradigm of the constitutional-legal mechanism of limiting the rights and freedoms of a person and citizen, as well as increasing the role of the Supreme Council of Justice in ensuring independent justice. It is emphasized that it is necessary to distinguish between the concepts of “restriction of rights and freedoms” and “fixation of the boundaries of the very essence of rights and freedoms”. Attention is drawn to negative human rights and the fact that they involve negative obligations of the state and its agents to refrain from any actions aimed at their violation or illegal restriction. It is characterized by the restriction of those rights and freedoms of a person and a citizen, which are most often restricted in the member states of the Council of Europe: the right to freedom and personal integrity, the right to private life, freedom of thought and conscience. The implementation of the prescription of Part 2 of Art. 35 of the Constitution of Ukraine, which defines the framework of restrictions on the human right to freedom of outlook and religion, through the Criminal Code of Ukraine.&#x0D; Attention is drawn to the fact that the state’s establishment of a number of legal norms that nullify a number of human and citizen rights and freedoms is a violation of human rights and fundamental freedoms guaranteed by the Convention on the Protection of Human Rights and Fundamental Freedoms. It is noted that an effective judicial procedure significantly increases the level of their protection (rights and freedoms), as it contains a number of guarantees against their arbitrary restriction, contributes to the rendering of a legal and well-founded decision.&#x0D; The article also draws attention to the legal status of the High Council of Justice. The issue of independent justice, the right of everyone to protection of rights and freedoms by an independent court is raised. The role of the High Council of Justice in ensuring independent justice and everyone’s right to effective judicial protection is defined.