Protection Of Constitutional Rights Research Articles

Protection of Constitutional Rights for Female Coastal Workers in Pekalongan Against Loss of Land Rights: An Agrarian Law and Islamic Law Approach

This article examines the protection of the constitutional rights of Pekalongan's women coastal workers against the loss of land rights due to sea flooding. Based on data from the Pekalongan Regional Disaster Management Agency (BPBD), in the last five years, more than 40% of the land in this coastal area has been submerged, affecting women's livelihoods. The juridical problem is that the Basic Agrarian Law (UUPA) does not regulate state compensation for destroyed land. Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 3 of 2024 on Amendments to Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 17 of 2021 on Procedures for Determining Land Destruction states that land parcels affected by tidal floods in Pekalongan can be categorized as land destruction. Land rights holders are given priority for reconstruction or reclamation within one year and receive a kerohiman fund if the land is used or reconstructed by the government. This research uses agrarian law and Islamic law approaches to evaluate the existing legal protections. The results show that constitutional protection for coastal women workers in Pekalongan already exists, but there are still some weaknesses. In addition, the practice of such protection has not been maximized. Some of these things are the main causes of inadequate legal protection of the rights of women coastal workers. Islamic law provides a more inclusive perspective on property rights and social justice, but its implementation is limited. This research contributes to the understanding of agrarian regulations in providing protection and compensation for women coastal workers as well as the understanding of Islamic principles in maintaining justice and welfare for those affected by tidal floods. Artikel ini mengkaji perlindungan hak konstitusional perempuan buruh pesisir pantai Pekalongan terhadap hilangnya hak atas tanah akibat rob. Berdasarkan data dari Badan Penanggulangan Bencana Daerah (BPBD) Pekalongan, dalam lima tahun terakhir, lebih dari 40% tanah di wilayah pesisir ini telah terendam, yang berimbas pada mata pencaharian perempuan. Masalah yuridis yang dihadapi adalah bahwa Undang-Undang Pokok Agraria (UUPA) tidak mengatur kompensasi negara bagi tanah yang musnah. Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Republik Indonesia Nomor 3 Tahun 2024 tentang Perubahan atas Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Nomor 17 Tahun 2021 tentang Tata Cara Penetapan Tanah Musnah menyatakan bahwa bidang tanah yang terdampak banjir rob di Pekalongan dapat dikategorikan sebagai tanah musnah. Pemegang hak atas tanah diberikan prioritas untuk rekonstruksi atau reklamasi dalam satu tahun dan mendapatkan dana kerohiman jika tanah digunakan atau direkonstruksi oleh pemerintah. Penelitian ini menggunakan pendekatan hukum agraria dan hukum Islam untuk mengevaluasi perlindungan hukum yang ada. Hasil penelitian menunjukkan bahwa perlindungan konstitusional bagi pekerja perempuan pesisir di Pekalongan sudah ada, tetapi masih terdapat beberapa kelemahan. Selain itu, praktik perlindungan tersebut belum maksimal. Beberapa hal inilah yang menjadi penyebab utama belum memadainya perlindungan hukum terhadap hak-hak perempuan buruh pesisir. Hukum Islam memberikan perspektif lebih inklusif tentang hak milik dan keadilan sosial, tetapi implementasinya terbatas. Penelitian ini berkontribusi pada pemahaman mengenai regulasi agraria dalam memberikan perlindungan dan kompensasi bagi perempuan buruh pesisir serta pemahaman prinsip-prinsip Islam dalam menjaga keadilan dan kesejahteraan bagi pihak yang terdampak banjir rob.

Towards Achieving Substantive Justice: The Importance of Extending the Time Limit for Resolving Presidential Election Disputes

Presidential election dispute resolution (PHPU) is complicated because its scope covers the entire territory of Indonesia and its application to Indonesian citizens in various parts of the world. The PHPU dispute resolution process must also guarantee maximum protection of constitutional rights. This research uses normative research methods using secondary data sources. This aims to assess the urgency of extending the deadline for resolving presidential election disputes, which is currently 14 working days from the date of submission. Research sculpture approach and conceptual approach. These findings illustrate the need for changes to legislation to extend the time limit for resolving PHPU disputes beyond the existing 14-day limit. In practice, this time period does not provide maximum opportunity for the presentation of evidence. Historical analysis shows that from the 2004 presidential election to 2024, not a single PHPU demand has been granted, mainly because the demand cannot be proven. The author emphasizes that a time limit that is too early does not guarantee substantive justice, which includes not only fair and accurate decision-making, so rational considerations are needed that produce rational and logical decisions and a process that allows each party to present their arguments comprehensively and obtain fair treatment in the judicial process.

Protection of constitutional rights of man and citizen from criminal attacks committed in public spaces (using the example of the activities of the investigative department of the Investigative Committee of the Russian Federation for the Leningrad Region)

The article, based on an analysis of the work carried out by the investigative body to investigate criminal cases under a number of articles of the Criminal Code of the Russian Federation, affecting the interests of the public, including children, analyzes the problem of limiting the procedural capabilities of investigators by the rules on jurisdiction, manifested in cases of violation of public order in public spaces and facts of traffic — transport accidents. Taking into account the study, it is concluded that it is advisable to supplement the list of crimes that the Investigative Committee can investigate with Articles 213 and 264 of the Criminal Code of the Russian Federation, the alternative jurisdiction of which will allow, when responding to incidents, to immediately give a criminal legal assessment of the activities of officials of the prevention agencies or check the compliance of the services provided by the carrier life safety and health requirements for consumers.In addition, taking into account the expansion of the coverage of situations that become the subject of inspection by the Investigative Committee, increasing confidence in it from citizens, the author concludes that it is necessary to normatively assign to the investigative body the powers to take coordinating measures and issue organizational decisions that are binding on all law enforcement and government agencies on issues of combating crime.

Legal basis of defense standardization of the European Union

Legal basis of defense standardization of the European Union

Aplicación de la Psicología forense en la evaluación criminal y su impacto en los procesos penales ecuatorianos

Forensic psychology has had a wide development within the legal sciences, providing adequate means and tools to facilitate the evaluative criteria of human behavior. In criminal matters, it leads, among other issues, to clarify the motivations of the accused and thus provide greater evidentiary certainty at the time of sentencing. The main objective is to analyze the application of forensic psychology in criminal evaluation and its impact on criminal proceedings, to understand its relevance, effectiveness and contribution to judicial decision making. To achieve this objective, the qualitative approach has been applied, with scientific methods such as analytical-synthetic, historical-logical, and inductive. Among the results, it has been shown that forensic psychology is not commonly used, due to the lack of accredited and specialized professionals, as well as of specific norms that lead to the promotion of a culture of its function and contribution to criminal law. It is essential to have medical, technical, and professional criteria that allow the application of fairer rules aimed at the protection of constitutional rights to ensure proper training and social reintegration of persons criminally punished.

Некоторые проблемы защиты конституционных прав и свобод субъектов предпринимательской деятельности в Республике Казахстан

The issue of protecting the constitutional rights and freedoms of entrepreneurs in Kazakhstan have great importance. This statement is due to the special importance of the development of entrepreneurship in Kazakhstan both for the country and for the economy as a whole. The purpose of this study is to consider the problems that violate the constitutional rights and freedoms of entrepreneurs in Kazakhstan. Also, the main ideas in the disclosure of this goal are to determine the state of protection of the rights and freedoms of business entities, to study ways and mechanisms of their protection, to consider international support for entrepreneurs through the prism of special organizations and forums in this area. The scientific significance of the research topic under consideration lies in the new ideas proposed in the conclusions of the study, and the practical significance is presented in the form of a proposal for the adoption of a new law that improves the situation with the protection of the rights, freedoms and legitimate interests of entrepreneurs in the future, based on the principle of freedom of access to information and openness of state control and supervision in the field of entrepreneurship. The authors investigated a number of scientific and regulatory legal material, on the basis of which conclusions were drawn about the need for a more thorough approach to the mechanisms of business protection. The issues of protecting the rights of entrepreneurs which was studied in article, their methods, types and mechanisms, the authors are convinced that these issues require a comprehensive settlement. In this regard, the authors present a number of proposals for improving these mechanisms in the legal practice of our country.

Legal analysis of certain aspects of the mechanism of constitutional-legal protection of human and citizen rights and its nature

Constitutional law, as a branch of the national law of Ukraine, performs an extremely important function and plays a special role in the legal system of the state, serving as a foundation, a basis for the development of legal regulation of the behavior of an indefinite circle of unidentified subjects, the foundations of state power, etc., and at the same time, constitutional law regulates the most important fundamental aspects of compliance with the rule of law as such. The extremely important purpose of the existence of the constitutional and legal regulation of the most important social relations is, first of all, the protection of the fundamental rights and freedoms of a person and a citizen, which are guaranteed by the Constitution.
 This article is devoted to the study of theoretical and normative elements of the mechanism of constitutional-legal protection of human and citizen rights, their constitutional-legal characteristics and constitutional-legal analysis.
 Within the framework of this study, the content of specific norms of the Constitution of Ukraine was analyzed and their constituent parts were investigated and characterized. At the same time, the legal approaches of other scientists on this issue were additionally determined and the results of their scientific works were included in the research.
 In order to achieve the goal of this study, both specific norms of the Constitution of Ukraine and their properties provided for by the Constitution itself were used, as well as specific elements of the mechanism of constitutional-legal protection were analyzed on a practical level.
 In addition, in accordance with the purpose of this study, a separate theoretical and philosophical approach was formulated, described and analyzed to secure the rights and freedoms of a person and a citizen at the constitutional-legal level, the highest in terms of legal force, as an element of the mechanism for the protection of constitutional rights and freedoms of a person and a citizen.
 The conducted analysis of the mechanism of constitutional-legal protection of human and citizen rights and freedoms, its constituent elements and legal nature, makes it possible to come to a conclusion about the complexity of such a mechanism and the need for not only a legal, but also a philosophical understanding of its essence, since regulatory and legal regulation and consolidation mechanism of the constitutional-legal protection of the constitutional rights and freedoms of a person and a citizen is a matter of exceptional social and state importance, and therefore requires proper theoretical and, at the same time, philosophical justification.

A constitutional complaint is a mechanism for protecting the constitutional rights of citizens

It has been established that a constitutional complaint helps citizens protect their constitutional rights and freedoms from violations by authorities. In a world where civil rights and liberties are threatened, this mechanism remains critical. The specified legal instrument is actually a means of limiting power and provides an opportunity to control the actions of the authorities, checking their compliance with constitutional norms. Therefore, a constitutional complaint is an important component of democracy, as it supports the principle of the rule of law and contributes to the development of a judicial system that guarantees equality before the law and a fair trial.
 It is emphasized that the recommendations of the Venice Commission note a significant trend in the development of European constitutionalism, which refers to the expansion of the scope of constitutional control over individual administrative decisions and judicial acts based on individual complaints. This trend is explained by the fact that human rights violations often occur due to unconstitutional actions or decisions that were taken in accordance with constitutional regulations.
 It is noted that constitutional courts are key actors in the field of consideration of constitutional complaints in many countries and usually have an independent status from other branches of government. This means that they make decisions without any influence, which makes their decisions more objective and fair. Decisions of constitutional courts have a decisive influence on the protection of constitutional rights and freedoms of citizens, and constitutional courts are a symbol of the rule of law in society. Their role is to remind all citizens and authorities that the Constitution is the supreme law that must be respected.
 In summary, a constitutional complaint is an important tool for ensuring the rule of law and protecting the constitutional rights of citizens. This mechanism helps to avoid abuse of power, non­compliance with constitutional norms and provides citizens with an opportunity to defend their rights in court. As a result, it contributes to the strengthening of legal democracy and the protection of human rights and freedoms.

필요적 조세전심절차의 개선방안 연구

To protect the rights and interests of taxpayers, it is crucial to have a constitutional, legal, and economical tax appeal system in place. The Constitution of Korea grants citizens the right to request a trial, and in the case of an administrative trial, it stipulates that judicial procedures shall be applied mutatis mutandis. However, the current mandatory tax pretrial procedure may pose challenges to this right as it falls under administrative adjudication, necessitating the application of judicial procedures mutatis mutandis.
 This study is based on the decision of the Constitutional Court of the local tax appeal procedure, which was previously ruled unconstitutional and changed to an arbitrary pre-trial procedure, and the general administrative appeal system, which is operated as a voluntary pre-trial procedure through law amendments. It reviewed whether the current necessary pretrial procedures infringe upon the right of access to courts or whether judicial procedures are not applied mutatis mutandis.
 The problems identified with the current tax pre-examination procedure are as follows: 1) Judicial procedures were not sufficiently applied to the Board of Audit and Inspection's request for examination. 2) The National Tax Service’s request for examination has fatal problems with independence and fairness. 3) The request for adjudgment by the Tax Tribunal also has problems in detail.
 In this paper, the following improvement measures were proposed. 1) Request for examination by the Board of Audit and Inspection should be abolished. 2) The National Tax Service focuses on voluntary procedures. 3) It is also desirable to convert request for adjudgment by the Tax Tribunal to a voluntary procedure.
 This study contributed to the protection of constitutional rights by suggesting ways to guarantee taxpayers' right of access to courts.

Legal Remedies for Teachers as Victims of Workplace Bullying in South Africa

Workplace bullying is a serious issue among teachers in South Africa, with detrimental effects on their physical and mental health, job satisfaction, and overall wellbeing. This article examines the legal remedies available to teachers who are victims of workplace bullying. These remedies include delictual liability, vicarious liability, constitutional claims, dispute resolution mechanisms, constructive dismissal, criminal law, and civil law, each of which provides a different avenue for teachers to seek legal redress. These approaches include compensation for damages, protection of their constitutional rights, and criminal charges against the person(s) accused of bullying. However, barriers such as lack of legal literacy, fear of retaliation, and cost and time constraints, may prevent teachers from accessing legal support. To address these barriers, teachers need adequate legal support and resources. This process includes legal aid services and training programmes on constitutional rights and procedures. This study utilizes a document analysis approach to examine relevant laws, policies, and case law related to workplace bullying. Future research could explore the effectiveness of different legal remedies in addressing workplace bullying among teachers. It could also explore both the facilitators of legal support and the barriers to accessing such assistance. Policy development could focus on strengthening legislative protection for teachers and victims of workplace bullying. This practice could include the development of specific legislation or regulations that address workplace bullying and provide clear guidelines for instigating legal action. This study found that the legal resources available to teachers who are victims of workplace bullying in South Africa offer different avenues for seeking legitimate redress. As indicated above, these processes include compensation for damages, protection of constitutional rights, and criminal charges against the perpetrator(s) of intimidation. However, obstacles preventing teachers from accessing legal support include a lack of legal literacy, fear of retaliation, and cost and time constraints. Overall, this article contributes to a better understanding of the legal framework surrounding workplace bullying in South Africa. It provides insights into the ways in which legal remedies can be utilized to protect teachers' rights and prevent workplace bullying.

Организация судебно-контрольной деятельности в судах общей юрисдикции с применением цифровых технологий

The author examines the issues of the organization of judicial activity in modern conditions with the use of digital technologies in the focus of judicial control activities of courts of general jurisdiction. The main directions and forms of digitalization of judicial activity are systematized. The author concludes that artificial intelligence and other technologies now cannot, should not and do not aim to replace judges, but should be considered as digital assistants to judges, help them in making decisions and reviewing materials, serve the purposes of improving the efficiency of judicial activity and protecting the rights of citizens. When organizing judicial control activities in courts of general jurisdiction, it is proposed to use the intellectual digital platform «Judicial Control» in its individual areas, considered in the article, which will help to increase its effectiveness, minimize corruption manifestations, rational redistribution of the judicial burden, and most importantly – strengthen the protection of constitutional rights of citizens from illegal diminution (restriction).

ПЕРВЫЙ МАНИФЕСТ АМЕРИКАНСКОГО АНГЛОИЗРАИЛИЗМА – ПРЕДВЫБОРНАЯ ПРОПОВЕДЬ ЭЗРЫ СТАЙЛЗА (1783 г.)

The article examines the ideology of Anglo-Israelism in the 1783 sermon «The United States has risen to glory and honor» by the American Congregationalist priest and scientist Ezra Stiles (1727-1795). The analysis of the political, religious, historical and philosophical ideas contained in it is carried out. It is shown that, despite the protection of constitutional rights and religious freedom, the author of the sermon defended the monarchy and was a supporter of the rule of an elected elite, an elected «democratic aristocracy». It seems that the principles of conservative Christianity advocated by Stiles were combined with support for the concept of «a City upon a Hill» in 1630, i.e. ideas about the God-chosen Puritans – the first settlers, who created the New Jerusalem or Zion in America. The author supported the pseudo-historical theory of the origin of ethnic groups. In the United States, he saw a «new Israel», chosen by God, called to command the conquered and subordinate «Canaanites» – the American aborigines. Europeans were considered descendants of the Biblical patriarch Japheth, which corresponded to the existing Christian tradition. In the Indians of the New World, related to the peoples of Siberia, he saw the descendants of representatives of the tribes, expelled by the ancient Israelites after the conquest of Palestine, described in the Bible and scattered throughout the world. In his opinion, the continued mass migration from Europe to America will lead to the decline of the Old World. Immigration will give a new impetus to the development, effective development and economic prosperity of the American continent, where the number of people of European origin will increase significantly. In the future, according to Stiles, there will allegedly be an extinction of races other than Caucasians (Indians and African Americans). Such ideas served as the rationale for American exceptionalism, Western-centrism, Eurocentrism and territorial expansion of the United States.

Steps of the EU countries aimed at protecting the constitutional rights in the era of artificial intelligence

The article is devoted to the analysis of the measures taken by the countries of the European Union to ensure the protection of the constitutional rights of citizens in the context of artificial intelligence (AI). As AI affects various areas of life, including the right to privacy, freedom of speech, equality and other constitutional rights, EU countries are focusing on developing policies, legislation and regulatory frameworks that protect citizens from the possible negative consequences of the use of AI. The article proposes to examine the following issues:1. Legislation and regulation: Describe the measures taken by EU countries to regulate the use of AI in order to ensure compliance with the constitutional rights of citizens. These can be data protection laws, development of ethical standards for AI, and other legal mechanisms.2. Privacy and data protection: Privacy violations are one of the main challenges associated with the development of AI. The article examines how EU countries treat this issue and what measures they take to protect citizens’ personal information.3. Ethical standards: Consideration of the development of ethical standards and principles for the use of AI, limiting the use of AI in areas that may violate constitutional rights, as well as the development of mechanisms for the prevention of violations and mechanisms for the protection of human rights.This article explores the steps European Union (EU) countries are taking to protect citizens’ constitutional rights in the context of the growing impact of artificial intelligence (AI). In the age of artificial intelligence, where technological progress creates new opportunities and challenges, the protection of basic rights and freedoms becomes especially relevant.The article examines various aspects of this issue, focusing on the steps the EU is taking to ensure the protection of constitutional rights in the context of artificial intelligence. The author analyzes legislative initiatives, political commitments and the role of various institutions in ensuring the protection of citizens’ rights.The article examines such issues as regulation of the use of artificial intelligence, protection of privacy and personal data, transparency and accountability for automated systems, as well as issues of discrimination and equality in the context of AI.The author concludes that EU countries are active in protecting the constitutional rights of citizens in the light of artificial intelligence. However, it also points to the need for further efforts to ensure effective legal protection and develop standards that take into account the unique challenges that AI development poses to society.This article is a useful resource for researchers, legislators, and anyone interested in protecting citizens’ rights in the context of artificial intelligence.

Implementation of functions by the prosecutor’s office as an element of the mechanism for ensuring the constitutional security of the state

It is indicated that in recent years, the issue of ensuring human rights has become especially relevant for domestic legal science, primarily because during this period the foreign policy conditions of our state’s existence have become significantly more complicated, which has led to internal problems (the attack of the Russian Federation on the territory of independent Ukraine). Thus, in the modern socioeconomic and political conditions of the functioning of our state, the problems of ensuring its security become particularly acute. Article 17 of the Constitution of Ukraine states that the provision of human rights and state security and the protection of the state border of Ukraine are entrusted to the relevant military formations and law enforcement agencies of the state, the organization and procedure of which are determined by law. Therefore, ensuring the security of the state is regulated at the legislative level and is carried out by specially authorized entities. Thus, from the point of view of constitutional law, it is important to study the status of the prosecutor’s office in interaction with other state authorities, however, from the point of view of the theory of constitutional security, we turn to the most important tasks of maintaining domestic stability, constitutional security, and observing the foundations of the constitutional system of Ukraine.
 It is noted that the functional purpose of the prosecutor’s office in the mechanism of ensuring the constitutional security of the state is an active activity aimed at identifying the constituent parts of the system’s integrity - functions, highlighting the specific qualities of each of them, and, finally, studying the connections, relations and dependencies of the functions of the prosecutor’s office among themselves in mechanisms for ensuring the constitutional security of the state. The functions of the prosecutor’s office should be understood as the main areas of activity of the prosecutor’s office established in the Constitution of Ukraine, which express the role and place of the prosecutor’s office in the mechanism of state power, which arise from the functions of the state to ensure law and order, protect the rights, freedoms, and legitimate interests of citizens and find their embodiment in the powers defined by the legislation on the prosecutor’s office. At the same time, the content of the functions of the prosecutor’s office is based on priorities that are of primary importance in the functioning of the state, its social and economic development, the protection of constitutional rights and freedoms of man and citizen, they make it necessary to focus on them the main attention of all prosecutorial activity. In the conditions of the war with the Russian Federation, the preservation of the unity of Ukraine is a mandatory condition for its further existence as a sovereign and independent state, the basis of which is the unity of the legal space (the basic principle of the rule of law), the main functional load for ensuring which must be relied on by the prosecutor’s office of Ukraine.

The principle of unity is the basis of building a democratic state: philosophical and legal foundations

It is indicated that nowadays law acts as the main mechanism for regulating social relations in various spheres. Solving the task of increasing the effectiveness of legal regulation is necessary for the implementation of constitutional provisions on the formation of a legal and democratic state, increasing the protection and security of human and citizen rights and freedoms.It was determined that since the principles of the rule of law are the basic ideas on which the functioning of the rule of law is based, the initial provisions of the organization and functioning of such a state, which reflect universal human values enshrined in international normative acts and have found their consolidation in the form of constitutional norms, they have a number of features, among which can be singled out: these are the most general, initial provisions, ideas that are of fundamental importance for state authorities, determine the direction of their activities, the construction as a whole; they expressthe political and legal ideas prevailing in this state, which relate to tasks, the way of formation and exercise of state power; they are provided for by the norms of international legal acts; they must be enshrined in the norms of constitutional legislation(first of all, at the level of the Basic Law). At the same time, the rule of law is a multifaceted constitutional principle that includes a number of other principles, among which the principle of the unity of the legal space should be singled out first - the principle on which the organization of state power and local self-government is built in order to fulfill its main purpose - ensuring protection of constitutional rights and freedoms of man and citizen in all regions of our country. In the conditions of the military invasion of the Russian Federation on the territory of Ukraine, the preservation of the unity of Ukraine is a mandatory condition for its further existence as a sovereign and independent state, the basis of which is the very provision of the unity of the legal space (the basic principle of the rule of law).

On the question of the functional purpose of the prosecutor’s office in the mechanism of protection of constitutional rights and freedoms of man and citizen

The scientific article examines certain issues of the functional purpose of the prosecutor’s office in the mechanism of protection of constitutional rights and freedoms of a person and a citizen.
 It was determined that in the mechanism of human rights protection, the prosecutor’s office performs the human rights function of the state, which is manifested primarily in the protection of fundamental constitutional rights and freedoms of man and citizen and respect for them. The prosecutor’s office, within the limits of its powers, contributes to ensuring national law and order.
 It was established that along with the function of maintaining the state prosecution, the prosecutor also performs the function of representation in court. The peculiarity of the latter is that the prosecutor can represent both the interests of the state and the citizen.
 The essence of the prosecutor’s representation in this aspect is, in accordance with Clause 1 of Article 23 of the Law of Ukraine «On the Prosecutor’s Office», in the implementation of procedural and other actions aimed at protecting the interests of the citizen or the state, in the cases and procedure established by law. Along with the interests of the citizen, the prosecutor represents a citizen of Ukraine, a foreigner or a stateless person.
 It is emphasized that the wording «improperly» regarding the exercise of powers by state authorities contradicts the principle of legal certainty, may be subject to ambiguous understanding and creates obstacles to identifying the actual grounds for the prosecutor’s representation of the state’s interests in court.
 It is emphasized that the prosecutor does not have the right to represent the interests of the state in court in cases related to the election or referendum process, the activities of the parliament, the head of state, political parties, public associations, organizations that carry out professional self-government, as well as religious organizations . Along with this, the prosecutor of the Office of the Prosecutor General or the regional prosecutor’s office, upon a written instruction or order of the Prosecutor General (his first deputy or deputy, according to their competence), may represent the interests of the state in court in the form of the National Bank of Ukraine and the Cabinet of Ministers.
 It is determined that it is the prosecutor who must justify the grounds for representation in court. When representing the interests of a citizen or the state in court in criminal proceedings, only the prosecutor who directly performs such representation has the right to file a civil lawsuit.

The problem of national and supranational criteria for the protection of constitutional rights and freedoms of citizens of the Republic of Kazakhstan

The problem of national and supranational criteria for the protection of constitutional rights and freedoms of citizens of the Republic of Kazakhstan

Digital Legal Relations – Modern Reality

The article substantiates the appeal of the authors of the special issue of the journal dedicated to the 100th anniversary of the Supreme Court of the Russian Federation to the topic of special legal relations formed under the influence of the implementation of digital technology in all spheres of government. The authors review areas of use by public authorities, including the judiciary, information and digital technologies, national legal acts intended to facilitate the effective development of the digital economy. In connection with the 100th anniversary of the key role of the judicial system of Russia in the protection of constitutional rights and freedoms of the individual, ensuring the realization of state interests, the article defines the stages of development of the Supreme Court of the Russian Federation, and also emphasizes the importance of giving it the status of “the highest judicial body” by the Russian Constitution in its new version. The authors analyze the stages of the ongoing judicial reform, fundamental changes aimed at improving the judicial system and proceedings, including the impact of digital technologies: filing statements and necessary documents online, conducting court sessions using video-conferencing systems, sending electronic notices to participants of judicial proceedings by the courts and much more. All this demonstrates that the Supreme Court of the Russian Federation supports and implements the concept of digitalization of court proceedings, various aspects of which are covered in the publication prepared by the scientists of the Russian State University of Justice.

Legal problems of Development and Implementation of Mechanisms for the Protection of Constitutional Rights of Citizens in the Context of the COVID-19 Pandemic

The paper is devoted to the study of certain legal problems related to the development and implementation of mechanisms for the protection of constitutional rights of citizens in the context of the COVID-19 pandemic in order to prevent its spread on the territory of the Russian Federation and prevent the consequences. The COVID-19 pandemic has made serious adjustments to the proper organization of the state and society. The author notes that constitutional legal relations in such a difficult period are forced to undergo a test of strength, and through the prism of protecting some constitutional rights at the expense of self-restraint of others. The paper investigates problems of implementing the mechanisms of «dormant legislation». Attention is drawn to the application of a decentralized approach to the tools of the legal system of a federal state. The emphasis is placed on the fact that at the federal level, high-alert and emergency regimes have not been introduced. The paper emphasizes ambiguity of judgments and legal views regarding the legality of the introduction of a high-alert regime in the conditions of modern reality and legal reality.

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.