Protection Of Civil Rights Research Articles

A Principled Approach to the Reconciliation Procedure: Theory and Practice

The article examines the problems of regulation and implementation of the provisions of the law on reconciliation in criminal cases. The interrelation of the norms of the institute of reconciliation with a number of principles of criminal procedure law is substantiated and it is concluded that the institution of reconciliation of the parties does not fully comply with the purpose of criminal proceedings and its principles such as the protection of human and civil rights and freedoms and the presumption of innocence. In this regard, the article proposes changes that it is advisable to make to the criminal and criminal procedure law, as well as to the guidance clarifications of the Plenum of the Supreme Court of the Russian Federation to eliminate such contradictions. So we consider it necessary: in the text of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 27.06.2013 N 19, to exclude the mention of the established guilt of the person against whom the criminal case is terminated in accordance with Article 25 of the Code of Criminal Procedure of the Russian Federation, and also to reflect the judgment that it is unacceptable for the law enforcement officer to allow formulations in the text of the resolution on the termination of the criminal case, indicating the proof of guilt the person against whom the decision to terminate the criminal case is made; from Articles 25, 213 of the Criminal Procedure Code of the Russian Federation, it is necessary to exclude an indication of the possibility of reconciliation with the suspect; part 2 of Article 42 of the Criminal Procedure Code of the Russian Federation should be supplemented with paragraph 4.1 of the following content "to reconcile with the suspect, the accused person in accordance with the procedure established by Article 25 of this Code"; paragraph 15 Part 4 of Article 47 of the Code of Criminal Procedure of the Russian Federation should be supplemented with the wording explaining to the accused the right to reconciliation in accordance with the procedure provided for in Article 25 of the Code of Criminal Procedure of the Russian Federation.

The concept of protection of personal non-property rights of military personnel

The legal categories "conservancy" and "protection" are closely related. Protection of rights should be considered as a constitutional legal basis for the activities of the state, state authorities, local governments. Protection of rights is the actual activity of authorized bodies and persons to comply with this principle in each case. To protect the rights, the element of conservancy is always important – the prevention of committing an offense in the future, and in order to conservancy is possible to use methods of protection.
 Conservancy of rights and legitimate interests consists in enshrining in the sources of law certain legal measures that contribute to the free exercise by an authorized person of his rights, performing the function of preventing offenses and eliminating the causes that gave rise to them.
 Protection of civil rights means the adoption of law enforcement measures provided for by acts of law or contract in case of violation, threat of violation, non-recognition or dispute of rights. That is, we are talking about the right to protect rights and interests. Protection of rights can be carried out in any manner prescribed by law or contract, within the framework of protective legal relations.
 The main elements of the protection of subjective civil rights can be identified: 1) the object of protection; 2) the subject of protection; 3) form of protection; 4) method of protection.
 The protection of the civil rights of military personnel involves the application of protective measures defined in legislative acts (civil, criminal, administrative, and disciplinary) or a contract (civil-legal, administrative, material). Civil legal protection of the civil rights of military personnel means the application of protective measures, including measures of civil legal liability, defined only by acts of civil legislation or a civil law contract.
 Military personnel acquire the right to civil legal protection in case of violation, non-recognition or dispute of civil law, as well as in cases of abuse of law, danger or threat to their life and health.

District councils in the mechanism of protection and defense of human and civil rights and freedoms

District councils in the mechanism of protection and defense of human and civil rights and freedoms

Interpretation of human legal value in the natural concept of understanding law

The aim of the article was to identify the essence of the legal value of man within the natural concept of law. The article used methods and perspectives, such as: philosophical dialectics, analysis, synthesis, systemic, functional, historical, axiological and special-legal. It is substantiated that the knowledge of the value of a person within the natural-legal type of understanding is important for determining the criteria of normativity in the protection of human and civil rights and freedoms. The essence of the objectivist variety of the theory of natural law is that the image of law is associated with legal consciousness and is reflected in the active and creative human activity, based on the principles of freedom inherent in man from birth. It is concluded that, within the framework of the modern theory of natural law, the points of iusnaturalistic and legal are combined with the historical and sociological study of legal ideals, which leads to expanding the list of natural rights and including, in addition, not only inalienable human rights, but also, human rights of social, economic and political nature, which contribute, to the strengthening of human activity to realize and protect their needs and interests.

Constitutional and legal status and restriction of human and civil rights and freedoms under martial law in Ukraine

The constitutional and legal status of a person and a citizen acquires peculiarities during the martial law, which was introduced on February 24, 2022 in connection with the military aggression of the Russian Federation against Ukraine and continues today. The constitutional and legal status of a person and a citizen is a system of legal parameters enshrined in the Constitution and other normative legal acts that determine the real state of a person in society and the state at a specific stage of their socio-historical development, in specific political and legal conditions and modern realities. Structurally, this concept consists of such categorical means as: legal personality; civil status of the individual; principles of constitutional and legal status; rights, freedoms and responsibilities of man and citizen; legal guarantees as conditions for ensuring, realization and protection of human and civil rights and freedoms. During martial law, such elements of the constitutional and legal status of a person and a citizen as legal personality and civil status are relatively static (if possible, change them on certain subjective and objective grounds). Based on the theory and practice of modern Ukrainian constitutionalism under any circumstances, the principles of constitutional and legal status, enshrined in the Constitution of Ukraine (Articles 3, 21, 24, 25, 62, etc.) must remain unchanged. The constitutional and legal status of a person and a citizen in martial law has certain features, which are manifested in the following: changing the legal basis of the status through emergency (temporary) and other regulations governing public relations directly in martial law; temporary restriction of rights and freedoms is established; the fulfillment of the constitutional duty to protect the Fatherland, independence and territorial integrity of Ukraine is actualized; means of exclusive protection of human and civil rights and freedoms are introduced; additional means of ensuring human and civil rights and freedoms are used. The specificity of the constitutional and legal status of a person and a citizen in martial law is the restriction of rights and freedoms, but provided that such a restriction is temporary and there is a constitutionally defined list of those rights and freedoms that cannot be restricted. Key words: constitutional and legal status, human rights, Constitution, martial law, restriction of rights and freedoms.

МЕТА ТА ЗАВДАННЯ ДІЯЛЬНОСТІ ДЕПАРТАМЕНТУ ЗАХИСТУ ІНТЕРЕСІВ СУСПІЛЬСТВА І ДЕРЖАВИ ЯК СТРУКТУРНОГО ЕЛЕМЕНТУ НАЦІОНАЛЬНОЇ ПОЛІЦІЇ

The article demonstrates that the purpose of the National Police of Ukraine is the result to which all their activities are aimed. It was found that the first group of scientists for the purpose of the National Police of Ukraine understands the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public safety and order. It is highlighted that the second group of lawyers, considering identical goals and objectives, determines that the main tasks of the police are to implement in the manner and within the limits prescribed by law, state policy in the protection of human rights and freedoms, public and state interests, crime prevention, support public safety and order. It is emphasized that the purpose of the Department of Protection of Public and State Interests is to ensure public (public) security and order, protection of human and civil rights and freedoms, public and state interests, combating crime resulting from its activities, which is achieved through its implementation tasks. The thesis that the tasks of the police are expressed in the provision of police services in certain areas, and have a programmatic nature, has been further developed. It is noted that the main tasks of the Department for the Protection of Public and State Interests include the implementation of state policy in the field of human rights and freedoms, as well as the interests of society and the state, which is a set of organizational and legal measures to protect citizens, society and the state illegal encroachments.

Protection in Inheritance Relationships: Theoretical Issue

This article explores the theoretical construction of civil rights protection in hereditary legal relations. Authors substantiate the use of both general and special ways of protection in the field of inheritance. Taking into account the requirements of judicial practice, the peculiarities of general protection methods in their extrapolation to inheritance law (recognition of rights, vindication of inherited property, etc.).

Humanism as a philosophical and legal category in the conditions of the formation of a new paradigm in law

It is determined that human and civil rights are the most important institution, which has been developed not only in constitutional law, but also in the theory of law and in other sectoral legislation. In the second half of the XX century, this institution came to the fore, both domestically and internationally. The Institute of Human and Civil Rights and Freedoms is one of the most significant results of the legal development of society, from have become an essential attribute of a democraticstate governed by the rule of law. The modern approach with the declared principles of democracy is somewhat outdated and the whole world needs to rethink the acquired and find new approaches to understanding equality, justice, protection, etc.The necessary stability of the concept of protection of human and civil rights and freedoms is achieved by relying on a system of principles tested by science and practice. The viability and progressiveness of this concept is formed through a combination of legal, moral, traditional, and other socio-regulatory norms. Taking into account such an approach will prevent legal negativity from becoming a dominant phenomenon of the legal system, restrain the onslaught of legal nihilism and indifference.It is indicated that the principles are a kind of indicators that demonstrate the degree of development of the law itself, starting points that show the vector of legal regulation. Of course, the principles of law should reflect and express the basic values on which the law is focused, to carry the basis of «ideal» law. The purpose of legal principles is to ensure the ideological unity of lawmaking, law enforcement and law and order in general. They permeate the entire legal system of society, focusing its development on universal, most valuable ideals: democracy, justice, equality, humanism, individual freedom, etc.Definitely, humanism, as a legal category, is a worldview that considers man as a higher, selfsufficient and self-aware value. Humanism expresses the attitude to man in at least two ways: Thus, humanism is a certain moral requirement for humanbehavior, is a certain category of moral awareness of man of the highest social value in the state.

Does legal freedom satisfy?

Much political conflict in the world revolves around the issue of how much freedom to accord people. Liberal democracies are characterized by, e.g., the rule of law and a strong protection of civil rights, giving individuals a great deal of legally guaranteed freedom to lead their lives as they see fit. However, it is not known whether legal freedom suffices to make people satisfied with freedom. Our study explores that issue by relating seven indicators of legal freedom to the satisfaction people express with their freedom of choice. Using a sample of 133 countries over the period 2008–2018, and taking a panel-data approach, we find no robust baseline relationship. However, when exploring conditional associations by interacting the indicators with social trust, the rule of law is positively and increasingly related to satisfaction with freedom above and below a threshold level. Freedom of assembly is more positive for satisfaction with freedom the higher the GDP per capita and in democracies. Thus, for some types of legal freedom, formal legal institutions are complementary with culture, income and the political system in generating satisfaction with freedom.

Analysis of the legal consequences of fetal civil rights

With the increasing heat of fetal rights protection, the supporting measures of fetal civil rights protection in China have been gradually improved.But from the perspective of civil law, the legal consequences of the fetus is not in place, and the experience of related affairs in practice is also missing. This paper will analyze and discuss the legal consequences of stillbirth after donation or inheritance.

Analysis of the legal consequences of fetal civil rights

With the increasing heat of fetal rights protection, the supporting measures of fetal civil rights protection in China have been gradually improved.But from the perspective of civil law, the legal consequences of the fetus is not in place, and the experience of related affairs in practice is also missing. This paper will analyze and discuss the legal consequences of stillbirth after donation or inheritance.

Ways to protect the rights of parties of contract : theoretical and practical aspects

The article is devoted to the study of protection the rights of participants in contractual relations. The scientific article examines the definition of «protection the rights of participants in contractual relations», «civil liability». The article based on the application of the Supreme Court of Ukraine practice.The author of the article agrees with the approach proposed in the doctrine on the expediency of the transition to the so-called behavioral concept of guilt. The importance of the theoretical demarcation of the institution of ensuring the fulfillment of obligations and measures of civil liability is emphasized. The possibility of simultaneous application of different forms of civil liability is allowed. It is argued that it is appropriate to change the approach to determining and compensating of non-pecuniary damage.Considering the above, the purpose of the study is to analyse the doctrinal and regulatory aspects of ways to protect the rights of the parties to the contract during resolving their disputes and determine the main trends in the practice of the Supreme Court of Ukraine on this problem. The author of the article investigated approaches to understanding the concept of a way to protect subjective civil rights enshrined in law, the issues of the legal consequences of non-fulfillment of monetary obligations, significant expansion of the application into practice article 625 of the Civil Code of Ukraine. The use of such method of protection of rights as the recognition of a contract as invalid is investigated. The problem of applying the recognition of the contract as invalid as a way of protection is analyzed not for the protection of civil rights or interests, but for the purpose of non-fulfillment of obligations arising from public legal relations or non-fulfillment of debt obligations.The main results of the article are the construction of national civil law on the pandect system by separating the general and special parts to determine the correct application in judicial practice of general and special provisions of the Code, which regulate certain legal institutions.

Contract in the mechanism of legal regulation of relations with the participation of consumers

The scientific article is devoted to the study of the mechanism of legal regulation of contractual relations in general and the role of the contract in the means of legal regulation of relations with the participation of consumers. In the article, based on the analysis of scientific literature and current legislation, the structural elements of the mechanism of legal regulation of contractual relations with the participation of consumers are analyzed, their characteristics are carried out, and the place and meaning of the contract in this mechanism is clarified. Elements of the means of legal regulation of contractual relations with the participation of consumers include regulatory basis; legal facts; civil rights and obligations of consumers and business entities; implementation of legal norms and subjective civil rights and obligations; protection of subjective civil rights and legitimate interests of participants in consumer relations. It is proved that the meaning and place of the contract in the legal regulation of contractual relations with the participation of consumers is expressed in the equivalent of the ratio of normative and individual regulators of these relations. The place of unfair contract terms in the ratio of normative and individual in the regulation of contractual relations with the participation of consumers is studied. It has been established that the current state of legal law of relations with the participation of consumers indicates their detailed legal regulation by acts of civil legislation. It was concluded that despite a significant number of imperative norms in the legal regulation of contractual relations involving consumers, the contract performs not only the role of a legal fact, which is the basis for the emergence of the specified relationship but also the function of an individual regulator, in which its parties, based on the principle of disposition get the opportunity to regulate those areas of their contractual interaction that are not mediated by normative regulation.

Pengurusan Penjualan Saham Sebagai Objek Harta Kekayaan dalam Boedel Afwezigheid

The protection of civil rights for every citizen, including those who are absent (afwezigheid) is one of the rights that must be fulfilled by the government. The interpretation of the rule of law is basically needed to realize the objectives of the law, namely justice, expediency, and legal certainty. Not explicitly stated in the law as an object of boedel afwezigheid's assets, it should not be a barrier for the Balai Harta Peninggalan as boedel management to carry out the management of the shares. Expansion of wealth that is not just land and buildings as stated in the rules governing afwezigheid is absolutely necessary to provide legal certainty in the management and management of the share boedel. Therefore, this research which combines literature study and field study was conducted to explain the management of sales as an object of property in the boedel afwezigheid conducted by the Heritage Heritage Center so that it can be seen that the implementation of legal rules in the field can be more flexible than written legal rules.

ЮРИДИЧНА ПРИРОДА ВИКОНАВЧОГО НАПИСУ НОТАРІУСА ТА ЙОГО МІСЦЕ В СИСТЕМІ НОТАРІАЛЬНИХ ПРОВАДЖЕНЬ

The article is devoted to studying legal nature of notary’s executive inscription as an extrajudicial form of civil rights and obligations protection, as well as a notarial act aimed at giving the document its executive power. Analyzing the legislation, the authors emphasize that the executive inscription must be considered from different points of view. It is this approach that will provide a comprehensive and complete understanding of the essence of such legal construction. So, first of all, the executive inscription is a form of protection of civil rights and interests provided for by the Civil Code of Ukraine, within which the interested person confirms the right to an undisputed debt. Secondly, the executive inscription is a notarial act that records the result of a notarial act and certifies the right to collect the debt from a debtor. In addition, the executive inscription is an executive document on the basis of which a debt collector and a debtor enter into new legal relations. Various approaches to determining the legal nature of a notary’s executive inscription are considered. It was found out that in the course of notarial-procedural activity, the determination of the indisputability of the debt, as a condition for the execution of the executive inscription, has a purely formal character. At the same time, the procedural order for its confirmation is not provided for by the legislation. This fact necessitates further scientific development of the ways to improve the procedure for executive inscription making. Based on the analysis, the author’s approach to defining the concept of “executive inscription” is proposed, taking into account various aspects of its legal purpose. Key words: notary, executive inscription, undisputed debt, debt document, notarial process, notarial proceedings, notarial act.

Recodification of the Civil Code of Ukraine and principle of legal certainty

The article deals with the issues of improving the legal regulation of civil relations in the Civil Code of Ukraine in the process of its recoding with ensuring compliance with the principle of legal certainty, which is one of the main components of the principle of the rule of law. It is argued that one of the main tasks of updating (recoding) the Civil Code of Ukraine should be full compliance with the principle of legal certainty in legal regulation, which ensures predictability of law enforcement and promotes stability of civil relations and civil turnover. Problems of legal regulation of property rights, forms and types of property rights, in particular, collective ownership, are considered. Particular attention is paid to the introduction of trust property as an eff ective way to ensure the rights of creditors. Problems of protection of civil rights are considered and the position on necessity of refusal of the closed list of ways of judicial protection of civil rights and the interests protected by the law is argued. Key words: principle of legal certainty, property rights, protection of civil rights.

Kedudukan Dan Perlindungan Hukum Penyandang Disabilitas Dalam Pewarisan

This research aims to whether in the legislation a person with a disability who is under guardianship is also a legal subject who has the right to obtain inheritance rights as an heir. This juridical normative research is intended to understand legal protection of civil rights for heirs (with disabilities) who are under guardianship. The results shows that if a person is not able to take care of himself, in this case is a person with a disability, then it is necessary to provide amnesty, because in the process of inheriting a person with a disability is considered incapable and his position is equal to an immature person, then the facilitator must be assisted to receive an inheritance, so that he does not lose the inheritance rights. Applications to become “curatele” can be submitted at the District Court / Religious Court for Muslims in their respective jurisdictions. In terms of obtaining the right to inherit, there are legal protection for the heirs of disabilities persons in the Private Law Act and Act Number 8 of 2016 concerning Persons with Disabilities.

FUQAROLIK HUQUQ VA BURCHLARINING VUJUDGA KELISHI HAMDA ULARNI HIMOYA QILISHNI TAKOMILLASHTIRISH

This article analyzes the formation and protection of civil rights and duties based on the Concept of improving the civil legislation of the Republic of Uzbekistan, approved by the Decree of the President of the Republic of Uzbekistan No F-5464 dated April 5, 2019. It analyzes the legal nature of the decisions of the meeting as a basis for the formation of civil rights and duties, their place and essence as a legal fact based on foreign law, and substantiates proposals to include provisions on the decisions of the meeting in the new edition. The rules on the independence of civil rights from political rights were also analyzed in terms of their impact on the emergence of civil rights and duties, and the idea of including them in the new edition of the Civil Code was put forward. In addition, this article analyzes the issue of including in the FC the norm of the right of a person to the protection of his civil rights in case of violation, non-recognition, or conflict. In addition, the article examines the conditions, criteria, and limits of self-protection of the individual to the FC, and argues that the new requirements in this regard should be reflected in the legislation. The issue of defining the rules for the institution of lost profits in the protection of civil rights is also relevant today, and it is necessary to establish clear conditions for determining the existence and amount of lost profits. At the same time, the rules on compensation for damages caused by state bodies and officials in the protection of civil rights are also relevant today, as they are regulated on the basis of modern realities.

Problematik aspects of protection of constitutional human rights in Ukraine and ways to overcome them

The article reveals the problematic aspects of the state of protection of human and civil rights in Ukraine, as such rights are the basis for the existence of the state as a subject of international law. Today, respect for human and civil rights and freedoms -the main criterion of civilized society, its ability to solve the most complex economic, political and social problems. It is no coincidence that the international community seeks to treat human rights globally, on an equitable and equal basis. This takes into account the national and regional specifics of states, their various historical, cultural and religious features.
 The article aims at a comprehensive solution to the organization of the legal system of human rights protection, which must comply with international and national law. This provides a legal description and identifies elements of a set of guarantees for constitutional protection of rights, taking into account national experience, case law, experience of other states, as well as international standards in the field of human and civil rights, generalization and development of ideas on this issue social space.
 Modern Ukrainian society is going through a stage of deep awareness of human rights and freedoms, which can be seen as the beginning of the spiritual revival of Ukraine. The very ideology of rights is becoming more widely recognized and in demand in state and public life. From the point of view of this ideology, there is a reassessment of views on the Soviet and post-Soviet past and a projection on the near and distant future of Ukraine.
 Implementation in practice of protection and defense of human and civil rights and freedoms is a long and gradual process of transformation of the whole society. However, this process has certain time limits set by the Association Agreement between Ukraine and the European Union. The implementation of this Agreement requires not only appropriate measures to improve the quality of legislation in this area, improve the executive and judiciary, local governments, and increase the activity of citizens in the context of exercising the right to protect their rights and freedoms in all ways not prohibited by law.
 The goal set in the article was achieved by solving the problems of studying the constitutional features of the organization of such protection and its implementation in practice.

Problem of wide discretion in the powers of the NCSRFEU in the field of tariff setting

The article is devoted to the issues of legal regulation of the powers of the National Commission for State Regulation of Energy and Utilities (hereinafter - the Commission, NCSRFEU, Regulator), in the field of setting tariffs for housing and communal services as a single regulator of energy and utilities market of Ukraine. The scope of such powers, the possibility of assigning such powers to discretion and the availability of control over their implementation by the public and the court. The topic of the study is more relevant than ever, as Ukraine is in the process of reforming the electricity market, changing conceptual approaches to setting tariffs for housing and communal services. The European Energy Community has set strict requirements for raising tariffs for housing and communal services for the population and bringing them to market value. In this context, it is very important to ensure the proper participation of society in the process of setting tariffs for housing and communal services in fulfilling Ukraine’s international obligations in the field of energy and specifically in ensuring the activities of the Regulator, taking into account the state of civil society development.
 The article, taking into account the positions of scholars and practitioners, analyzes the content of the administrative and legal powers of the Commission in the field of tariff setting. The areas in which the Regulator has the right to set tariffs have been identified. The main problems of legal regulation of the Regulator’s powers have been identified. The necessity of transformation of the legislation in this sphere in order to give the possibility of control of the public and court over decision-making process is proved Regulator in the field of setting tariffs in order to reduce the cost of such services for end users and the implementation of the constitutional principle of the state to ensure the implementation and protection of human and civil rights and freedoms. In addition, an analysis of energy legislation in terms of tariff setting and its imperfections.