Protection Of Civil Rights Research Articles

The Notarial Form of a Contract as a Way to Protect the Civil Rights of Minor Subjects in Electronic Transactions

Introduction: the notarial form of a contract is one of the ways to protect civil rights in the field of family relations, including in electronic transactions requiring special guarantees and security measures, for the subsequent neutralization of possible disputes and unfair actions. Therefore, the use of a notarial form in such cases becomes a necessary step to ensure the rights and interests of the parties. The notary, as an independent and professional expert involved in the certification of transactions, ensures the reliability and legality of documents. They check the identity of the parties, their legal capacity, as well as the correctness of the formatting and content of the contract. This eliminates the possibility of forgery or providing false data. Purpose: to determine the validity of the use of the notarial form in transactions with minor participants, to identify the advantages of using this form and to create a legal structure for maximum protection of the rights of minors in civil contracts entailing the alienation or acquisition of real estate. Methods: the methodological framework for the study consists of methods of scientific cognition, whose main ones are the methods of consistency and analysis. Results: the author analyzes the legal mechanisms and legal features in transactions involving minors, examines the main theoretical and practical problems of the legal regulation of the implementation and organization of such transactions, including with the use of digital technologies, and formulates specific proposals to improve the current legislation in this area. Conclusions: the notarial form of a contract is an effective way to protect civil rights in the field of family relations, especially in the context of electronic transactions. Its use ensures trust between the parties, the legality and execution of the agreement, and helps to prevent possible conflicts and disputes.

Acordos estruturantes como instrumentos de indução de políticas públicas: o papel cooperativo do ministério público em prol da realização dos direitos fundamentais

This paper seeks to examine and elucidate the role of the Public Prosecutor in shaping public policies in Brazil. The primary objective is to critically assess, in the context of the Social State of Law as delineated in the 1988 Federal Constitution, the expansion of the State's obligations concerning the protection and enforcement of fundamental and civil rights. Additionally, the paper will explore the responsibilities of the judiciary in this domain. The arguments will be presented using a deductive methodology, supported by a comprehensive literature review, which considers the persistence of unmet rights. The analysis will underscore the significance of the Public Prosecutor's responsibilities in formal extrajudicial arrangements, cooperative, and democratic processes with respect to the effective implementation of fundamental rights.

The principles of the exercise of civil rights in the dynamics of contractual obligations

The article is devoted to the general principles of the execution of civil rights upon the occurrence, performance, change and termination of a contractual obligation. Such general patterns are the principles, the application of which is a legal fact that causes the dynamics of a contractual obligation (emergence, implementation, change, suspension, termination), as well as the protection and protection of civil law and interest). It has been proven that there is a group of principles that are characteristic of all stages of the dynamics of a contractual obligation, which are the principles of legal equality, justice, good faith and reasonableness, dispositiveness. It was analyzed that the principle of freedom of contract and free expression of will are determining principles for the execution of civil rights by participants in contractual obligations, because such principles are designed to ensure the validity of the deed, which will subsequently undergo its dynamic development. The basis of these principles is a voluntary action, without any coercion, to enter or not to enter into contractual relations (that is, emergence as a stage of dynamics), as well as to choose a counterparty, its conditions, methods of provision, special conditions for the exercise of rights and performance of duties, freedom of change and termination of the contract. Therefore, this principle will be relevant for almost all stages of dynamics, only with a different magnitude of its role. It has been proven that the principles of the fulfillment of obligations, namely the principles of proper and real fulfillment of obligations, complement the above-mentioned principles of freedom of contract and free expression of will in importance for the realization of civil rights in contractual obligations. The principles of the exercise of subjective civil rights establish fundamental requirements for the conduct of participants, in particular in contractual obligations. It is proposed to highlight such principles of the exercise of civil rights by participants in contractual obligations as the principles of consistency, unimpededness and full satisfaction of interest. The principle of protection of civil rights is manifested in the abnormal dynamics of the contractual obligation. It has been proven that a certain set of basic principles for the exercise of civil rights is inherent to each stage of the dynamics of a contractual obligation.

The dispute about the law in the claim about the appeal of notarial deeds or the refusal to execute them

The article is devoted to the disclosure of the concept and essence of the dispute about the right during the consideration and resolution of a civil case on challenging notarial actions or refusal to perform them. It is noted that historically, for a long time, appeals against a notarial act or refusal to perform it were considered as undisputed cases and were resolved in a civil process by way of a separate proceeding. But with the adoption of the Code of Criminal Procedure of Ukraine and its implementation, this category of civil case was classified as disputed, and therefore was already considered by the procedure of legal proceedings. The change in the order of consideration of the case led to the fact that both theoreticians and practitioners began to understand differently the nature of the «dispute about law» in this category of civil case, which had consequences not only in terms of the validity of classifying it as a case of legal proceedings, but also in the field civil jurisdiction. The author argues that when filing a lawsuit to challenge notarial actions or refusal to perform them, a civil law dispute arises, which arises not only from notarial procedural legal relations, but also from civil legal relations. Civil legal relations are the main legal relations, and notarial procedural legal relations are derivatives arising on the basis of the former and ensuring their implementation. That is why a civil law dispute arises between the person whose rights and interests are affected by the notarial act and the notary, as parties to this case, which is burdened by notarial proceedings. The peculiarity of this civil law dispute based on a claim to challenge a notarial act or refusal to perform it is that only one party claims material or non-material benefit, and the other does not. This is what distinguishes a claim for contesting notarial actions or refusal to perform them from other claims, where a dispute about civil law, which is burdened by notarial proceedings, arises between two subjects who simultaneously claim material or non-material benefit, which is behind the realization of the subject objective civil law. In connection with the encumbering of subjective civil law by notarial proceedings, when filing a lawsuit to challenge notarial actions or refusal to perform them, the purpose of civil proceedings is also complicated: in addition to the protection of subjective civil rights, freedoms and interests, judicial control of legality is carried out notarial activity.

Characteristics of Suspension or Full/Partial Refusal of Performance in Case of a Counterparty’s Failure to Perform an Obligation under Ukraine’s Civil Legislation

The article explores the application of the right to suspend or fully or partially refuse to fulfill an obligation in the event of non-fulfillment of a counter-obligation by the other party. Scientific works of civilian classicists on obligation and research of Ukrainian civilian scientists served as material for study. The article distinguishes between conflicting and interdependent duties. It also highlights the issues of Part 3, Article 538 of the Civil Code of Ukraine, in case the buyer fails to fulfill the obligation to pre-pay for goods. The legal nature of the right to suspend or fully/partially refuse to fulfill a duty has been clarified: This is a way to protect civil rights and interests. Attention is drawn to the fact that the studied right can be exercised if the other party breaches a negative obligation. Ways to improve Ukraine’s legislation on the specified topic are proposed.

Prosecutor’s Offices and Government Bodies of the Russian Federation as Subjects of Legal Relations in the field of Protection of Human and Civil Rights

Russian government institutions carrying out human rights and law enforcement activities strictly adhere to the norms and standards that are reflected both in international law and in the Constitution of the Russian Federation. The Prosecutor’s Office of the Russian Federation, as a subject of legal relations, representing a key supervisory body of state power, plays a fundamental role in the implementation of activities aimed at protecting human and civil rights. However, in a developed democratic and rule-of-law state, the scope of human rights protection affects various branches of law and economic spheres. That is why the implementation of supervision and human rights activities by the prosecutor’s office of the Russian Federation without interaction with other government bodies of the Russian Federation, which also act as subjects of legal relations, seems to be a difficult process to implement. The very interaction between the prosecutor’s office and government bodies demonstrates not only the high level of development of human rights institutions in the country, but also points to the fact that the interaction process itself needs both legislative improvement and the consolidation of its individual provisions.

On the Protection of Civil Rights in Maritime Law Enforcement

On the Protection of Civil Rights in Maritime Law Enforcement

Changes in the Value of Harm and Their Impact on Judicial Compensation: The Case of Egypt and the UAE

The focus of the current study is on civil liability. It is devoted to a comprehensive examination of the problems associated with the use of a proven method of civil rights protection – compensation for harm, namely, the determination of its scope and other characteristics together with their influence on the compensation decision within the judicial process. This research aims to analyse the types of harm, the methodology for its determination, the functioning of the principle of full compensation when the amount of harm and its constituent elements change and the peculiarities of the compensation assessment by the judge. The study addresses the feasibility of best practices in the legislation of Egypt and the UAE, allowing a judge to choose a method of compensation that they consider appropriate for reimbursing the harmed party in the trial within the framework of their competence established by the law. The obtained analytical materials and normative arguments will help many foreign entities to better navigate the realities of civil law in Middle Eastern countries when planning their activities in these countries.

Arctic Dimensions of Jurisdiction and Raw Material Sovereignty: Problems of National Legal Systems Interaction

The paper is devoted to the legal regulation of economic activity in the Arctic. It is shown how rulemaking is designed to consolidate the maximum rights to use natural resources. Differentiation of approaches and the use of completely different methods of measuring them are inevitable then. One of them is the interpretation of such a category as sovereignty. It is considered to what extent it meets the constitutive criteria of jurisdiction, the choice in favor of one or another domestic legal system. The relativity of the recognition of conflict-of-laws principles of field availability is noted. The right to develop mineral resources is associated with jurisdictional activities in accordance with acts of national legislation, as well as with the fullness of legal norms — the obvious universalization of jurisdictions. At the same time, quantitative indicators of sovereignty, if possible, can be established only in relation to the degree of influence of interstate organizations. The legal systems of the Arctic countries then minimize the risks of implementing the decisions taken. In this plane, they draw the desired watershed. Qualitative signs of sovereignty are much more important. This is a visible ability to remain a subject of international relations against the background of current crises, but also an explicit delimitation of jurisdictions first for international law enforcement institutions. Subsequently, it affects national civil rights protection systems.

Виды гражданских прав, законных интересов физических и юридических лиц, реализуемых при участии нотариуса

As part of the study, examples of notarial actions were selected that demonstrate the legal role of a notary in the implementation and protection of civil rights and legitimate interests of individuals and legal entities, and a definition of legitimate interest was given. It is established that the notary is one of the forms of realization of the system of legitimate private interests, which are the basis of the subjective civil rights of individuals and legal entities. The author presents a classification of civil rights and legitimate interests of individuals and legal entities, depending on the need for a notary to participate in their implementation.

Transformation of Forms of Protection of Human and Civil Rights under the Impact of Artificial Intelligence Technologies on the Example of Russia and China

Transformation of Forms of Protection of Human and Civil Rights under the Impact of Artificial Intelligence Technologies on the Example of Russia and China

Study on the Current Status of China's Road to the Rule of Law and Countermeasures

The purpose of this thesis is to study the current situation of China's rule of law road and countermeasures, and to put forward corresponding recommendations. Firstly, the historical evolution of China's rule of law path is analysed, including the characteristics of the rule of law in ancient times, the beginning of the rule of law path in modern China and the current development of the rule of law. Then, the progress and achievements of China's rule of law construction are discussed, covering the formulation and improvement of laws and regulations, the advancement of the reform of the judicial system, as well as the enhancement of civic awareness and the popularisation of the concept of the rule of law. Then, the problems and challenges facing China's rule of law road are pointed out, including the imperfections in the implementation of laws and the lack of enforcement, the problems of judicial justice and judicial independence, the insufficient protection of citizens' rights and the lack of rule of law culture. Finally, countermeasures are proposed to strengthen the construction of the legal system, improve the judicial system, raise the level of civil rights protection and cultivate a culture of the rule of law. Through these countermeasures, the development of China's rule of law road can be further promoted, the level of the rule of law can be improved, and a strong guarantee can be provided for social stability and sustainable development.

Дискриминация русскоязычного этноса в Латвии по признаку гражданства: политико-правовые аспекты

Abstract 
 Throughout the entire post-Soviet period in Latvia, there has been a problem of finding the Russian-speaking population in the status of non-citizens with limited rights, including political ones. Currently, restrictions have also extended to Russian citizens with a residence permit in Latvia. The study is based on the case study method. Statistical data on the ethnic composition of the country's population are analyzed. Regulatory acts indicating restrictive mechanisms against non-citizens, as amended in 2022 and 2023, are being considered. Using the method of comparative studies, national legislation and legal regulations of the European Union (international standards) in the field of protection of human and civil rights and freedoms are compared. The results of the study show that the entire Russian–speaking population of Latvia is discriminated against, especially the most vulnerable - pensioners, for whom the new rules for obtaining a residence permit are a problem. This may threaten them with the loss of social security, up to and including forced expulsion from the country. The Russian-speaking population in Latvia cannot influence their own position in the country due to the lack of political rights. Throughout the entire period of independence, the Latvian government has been using this group of the population in its own political agenda, ensuring the legitimacy of its own power and decisions. Such internal political processes contribute to the division of society along ethnic lines and the development of discriminatory attitudes. The theoretical significance of the study lies in the systematization of the mechanism of discrimination against a certain group of the population. In turn, the practical significance lies, on the one hand, in drawing the attention of human rights organizations to the problem of discrimination, and on the other hand, it clearly shows the essence of the mechanism of discrimination and ways to improve it in states in the post-Soviet space. Consequently, the results of the study can be applied to the development of mechanisms for the protection of compatriots in other states where discrimination trends are at an early stage.

Концепция защиты прав и свобод человека и гражданина в Российской Федерации: обоснование актуальности, содержательные и технико-юридические свойства

The constitutional priority of recognition, observance and protection of human rights in the Russian Federation in the period of formation of the strategic planning system has actualized the issue of preparing the concept of protection of human and civil rights and freedoms. The authors propose ten theses to justify the need to develop a draft strategic planning document of protection of human and civil rights and freedoms, its most significant content and technical-legal properties.

Захист прав людини на міжнародному рівні під час збройних конфліктів: історія становлення та сучасні виклики

The article draws attention to the fact that international protection of rights during armed conflicts plays an important role, and it must be effective for its implementation in countries in armed conflicts Regardless of its nature, whether international or non-international armed conflict, it threatens the realisation of most fundamental human rights and freedoms, including the most important natural human right - the right to life. The author examines the problems of international protection of human and civil rights in armed conflicts, the history of international campaigns to protect human rights in various paramilitary attacks, and the new international policy on human rights protection during the Russian-Ukrainian war. The purpose of the article is to analyse the international protection of human rights in the context of historical challenges and current armed conflicts, highlighting key issues, aspects and possible ways to improve existing legislation and practice. Case studies will also be considered to better understand the dynamics of human rights protection during armed conflicts and the role of international organisations in this process. The article concludes that international norms and treaties aimed at protecting human rights remain relevant and effective even in the most difficult conditions, such as armed conflicts. International human rights law, in particular, as defined by specific instruments, provides the necessary framework for the protection of fundamental rights and dignity of people even during hostilities. It is noted that it is important that the international bodies responsible for the implementation and enforcement of these norms confirm the inalienability of human rights protection in conflict situations. The condemnation of war crimes, genocide and violations of international humanitarian law indicates that the international community recognises the importance of protecting fundamental rights during war. It is emphasised that even in exceptional situations, when states take measures to derogate from their obligations due to the threat to the life of the nation, the preservation and protection of human rights remains a central task of the international community. It is important to continue to improve the mechanisms and instruments of international law aimed at ensuring the effective protection of human rights in time of war, thereby contributing to stability, justice and human security in the world.

Features of compensation and types of moral damages in Italy

In this article, an analysis of the norms of the current Italian legislation, which determines the grounds and procedure for compensation of moral damage, is carried out for the completeness of the regulation of social relations arising from the reasons for compensation of moral damage, as well as some problems that arise in judicial practice in the compensation of moral damage are considered. Taking this into account, the concept of moral damage was considered and its relationship with types of damage was analyzed, the procedure for applying various regulatory acts, the mechanism for regulating the compensation of moral damage, shortcomings and opportunities for improvement of this mechanism were analyzed; the available criteria for determining the amount of monetary compensation, the composition of persons who have the right to demand the protection of violated civil rights through compensation are evaluated.
 The subject of research in this article is the consideration of the causes of the emergence of the legal construction of compensation for moral damage, the study of the evolution of the mechanism of legal regulation of compensation for moral damage in Italy. The relevance of the study is due to the importance of studying the peculiarities of the regulation of the civil legal mechanism of the institution of compensation for moral damage and the need to systematize views on the understanding of the development of the mechanism of legal regulation of the institution of compensation. It is also necessary to note the importance of conducting a comparative analysis of moral damage compensation as a way of protecting civil rights. Several formulations of the concept of moral damage are named, a lot of attention is paid to the problems of defining this concept, conditions of responsibility for causing damage.
 The author notes that the experience of compensating moral damages in Italy can be useful to take into account when developing the legal regulation of Ukraine. The principle of compensation for moral damage reflects the recognition of the fact that the violation of rights can cause not only material damage, but also damage to the psychological well-being and dignity of the victim. Italian law allows persons who have suffered non- pecuniary damage to seek compensation from the person who caused such damage. Compensation for moral damage includes not only financial compensation, but also recognition of the violation of rights and public correction.
 Ukraine also has legislation regulating the compensation of moral damages, but the positive experience of Italy can be taken into account for its further improvement. For example, a possible perspective is the expansion of the categories of cases when compensation can be provided, as well as the clarification of the criteria for determining the amount of compensation. However, before implementing any changes in Ukrainian legislation, it is important to carefully study and adapt Italy's experience to the specific needs and peculiarities of Ukrainian society and the legal system. It is also necessary to ensure a high level of protection of the rights of persons who have suffered moral damage, and to ensure the implementation of compensation claims in a practical way.

Mediating Coalitions and the Politics of Civil Rights in the Philippines under Duterte

ABSTRACT The Duterte administration in the Philippines displayed broad hostility towards civil rights. Yet its approach to specific civil rights issues varied significantly. This paper analyses this variation by focusing on two cases: the lowering of the minimum age of criminal responsibility and extra-judicial killings in the war on drugs. In both cases, Duterte and his allies sought to enact and implement policies that infringed civil rights, yet they only succeeded in the latter. The nature and role of mediating coalitions — configurations of actors that opposed, supported, or disengaged from efforts by Duterte and his allies to undermine civil rights — were the key determinants of this variation. The government backed down on lowering the minimum age of criminal responsibility because unified rights groups were supported by sections of the oligarchic elite. But it conducted, incited, and persisted with extra-judicial killings in the war on drugs due to fragmentation among rights groups and an absence of significant support for these groups from oligarchic elites. This variation has significant implications for how scholars understand the politics of civil rights in the Philippines, particularly during the Duterte presidency, as well as strategies to better protect civil rights in the country.

Значение стандартов ООН в области миграции в дальнейшем совершенствовании судебного рассмотрения дел о правонарушениях в миграционной сфере

In the scientific and research article, the author considers and analyzes the importance of United Nations Migration Standards in further improving the judicial consideration of migration offenses. In accordance with the Constitution of the Russian Federation, the protection of human and civil rights, well-being and freedoms, recognition, ensuring and observance of these rights and freedoms is the responsibility of the state. Taking into account the UN Migration Standards, judges, when verifying the identity of the migrant, identifying the circumstances that contributed to the commission of the offense, must perform these judicial actions on the basis of the Criminal Procedure Law in a reasonable, fair and humane manner. In the case of detention of a migrant or a member of his family before trial, the judge, in accordance with the UN Migration Standards, should discuss whether there are grounds for informing consular or diplomatic institutions of the migrant's State of origin about the judicial review of the criminal case, as well as the appointment of the person as interpreter and summoning the interpret. The author makes proposals for amendments and additions to the Criminal Procedure Code of the Russian Federation to improve the judicial consideration of criminal cases of migration offenses.

Differentiation of the Competence of the Prosecutor's Office and the Court to Ensure the Legality of Operational Investigative Activities

The relevance of the study is determined by the role and place of the legal institution for the protection of human, civil rights, and freedoms as an attribute of the rule of law, the need for proper control and supervisionof their compliance. The Constitution of the Russian Federation proclaims that a person, his rights and freedoms are the highest value, and the state is obliged to recognize, respect and protect the rights and freedoms of man and citizen, judicial protection is guaranteed to everyone. This implies, on the one hand, that everyone is guaranteed to ensure the implementation of the active right to appeal in court decisions, actions or inactions of public authorities and their officials, and on the other hand, verification of compliance with the passive right, which is mainly implemented through control and supervisory procedures. At the same time, in the process of implementing certain functions of the state (in particular, law enforcement), authorized bodies are allowed to apply measures that significantly limit the fundamental constitutional rights and freedoms of a person. An important place among these types of state activities is occupied by operational investigative activities (OIA). In the field of OIA, citizens are often limited in their ability to independently defend their rights and legitimate interests, and therefore a special role in this area is given to the court and the prosecutor’s office. As part of the study, an attempt was made to comprehensively study the theoretical, legal and practical issues of organizing the activities of the prosecutor and the court to protect human and civil rights, the legitimate interests of legal entities in the production of operational investigations, analyze the relationship between prosecutorial and judicial activities, and develop an organic mechanism for their implementation, excluding «mutual substitution» and duplication of competencies.

New Developments in Geopolitics: A Reassessment of Theories after 2023

The scope of this article is to make a synthesis of the theory of geopolitics with new trends and characteristics of the new global environment. Traditional geopolitical theories are established on the basis of sovereign states. The starting point of many theories is for sovereign states to compete for world hegemony, or to gain an advantage in competition with their opponents. Geopolitical research also mostly starts from the interests of the country. However, as global environmental changes, transnational crimes, terrorism, information security, and other non-traditional security threats have become common threats to human society, their impact also crosses borders and has global characteristics, which also means solving geopolitical issues. Thinking needs to change from a national perspective to a global perspective. On the other hand, as the international community pays more and more attention to human rights, the challenge of human rights to sovereignty has become an unavoidable reality in current international politics. With the progress of the times, the protection and respect of civil rights has become the basic consensus of the international community. Nowadays, the issue of virtual rights such as carbon emission rights have also been included in the geopolitics theory, creating a strong shift of paradigm towards a renewed theory.