Guarantee Of Protection Research Articles

Informed voluntary consent as a guarantee of protection of rights to human biological material

Informed voluntary consent as a guarantee of protection of rights to human biological material

Standard of protection of property rights of owners of residential premises in a democratic country – selected problems considered in the light of Polish constitutional law

The article focuses on presenting key issues revealed in the context of the standard of protection of property rights of owners of residential premises in a contemporary democratic state governed by the rule of law. The considerations presented take into account the perspective of Polish constitutional law and the guarantees of protection of ownership and other property rights as regulated in the Constitution of the Republic of Poland of April 2, 1997 (with particular emphasis on Article 21 and Article 64). The issue addressed in this paper of particular importance from the Polish perspective because, on the one hand, Polish constitutional law formulates relatively broad guarantees for the protection of ownership and other property rights (including those rights of owners of residential premises and tenants – as outlined in Article 21 and Article 64 of the Polish Constitution). On the other hand, there are several practical problems in Poland in this context, including a very significant systemic issue related to the lack of any systemic solutions in the regulation of the short-term rental market by the Polish legislator.

Terms in civil proceedings as a guarantee of protection of rights and interests in the claim proceedings

The article is devoted to the consideration of the term of civil proceedings as a guarantee of the protection of the rights and interests of interested subjects in the claim proceedings. Various positions of scientists regarding the concept and meaning of the term of civil proceedings are analyzed. It is determined that the duration of the trial, being a period of time for the commission of a certain procedural action established by law or by a court, should primarily act as a guarantee of timely judicial protection by interested entities. It is concluded that it is necessary to legislate the timing of certain stages of civil proceedings in order for the timing of consideration and resolution of civil cases to act as a valid guarantee of the protection of the rights and interests of stakeholders.

Certification and labeling of organic products in European countries: experience for Ukraine

EU countries are currently one of the leading centers of development of the world market of organic agriculture products. The European countries with the largest sales markets for organic food products are Germany, France (EUR 9.1 billion), Italy (EUR 3.5 billion), Switzerland (EUR 2.7 billion). This activity is regulated in detail by the EU legislation: uniform standards are established in the field of production and processing of organic products, the rules for its marking, and the procedure for certification in this field. As rightly noted in the scientific literature, the detailed legal procedure of organic production is a guarantee of consumer rights protection from unscrupulous producers. In addition, almost every EU country has a fairly extensive system of private certification bodies, as well as its own standards, often stricter than the European ones. All this indicates the prestige of the consumption of organic products by the population and, accordingly, quite significant competition among its producers, who do not just try to comply with EU standards, but constantly improve them by obtaining appropriate national certificates. Unfortunately, in Ukraine, and in pre- war times, such production was not particularly popular. As of December 31, 2021. according to the Ministry of Agrarian Policy and Food of Ukraine (hereinafter referred to as the Ministry of Agrarian Policy), the total area of agricultural land used for organic production and the transition period was 422,299 hectares (1% of the total area of such land in Ukraine), including the area of agricultural land with organic status is 370,110 hectares, the area of the corresponding land in the transition period is 52,189 hectares. The total number of operators was 528, including 418 agricultural producers. But, taking into account the important role of organic farming, especially in the process of greening agriculture, ensuring soil fertility, protecting the environment, its role, especially in the post-war period, should grow. Therefore, the study of the legal regulation of the certification procedure in this area, on the example of the leading European countries, is particularly relevant.

Research on Legal Guarantee of Red Natural Resources Protection and Development Based on EOD Model

Since the 18th National Congress of the Communist Party of China, the academic circles have paid great attention to related research on red resources. Red resources are not only a witness to revolutionary history, but also a presentation of our values, national identity and cultural self-confidence. As an important part of red resources, red natural resources have some problems in the process of protection, such as ecosystem damage, multi-value unexplored and lack of funds. As an emerging resource protection and development model, the Ecology-Oriented Development (EOD) model, coupled with the protection and development of natural and red natural resources, should be applicable to the protection and development of red natural resources. On this basis, combined with current situation and problems of the protection and development of red natural resources, this paper constructs the legal path of protection and development of red natural resources based on EOD model, including perfecting legal norm system, strict subject access qualification, establishing franchise rights, absorbing the participation of social capital and other paths, so as to provide a better legal solution for China to make good use of red resources and continue the red bloodline.

Interconnection of the Caper E-Motion System as a Guarantee of Protection of Women's and Children's Rights After Divorce in the Religious Courts of Bengkulu, Indonesia

This article examines the form of guaranteeing the protection of women's and children's rights after divorce by implementing an application called E-Mosi Caper, namely Electronic Monitoring of the Execution of Financing the Rights of Women and Children after Divorce which is implemented at the Bengkulu Religious Court as a follow-up to the memorandum of agreement between the Religious Courts. Bengkulu with the Bengkulu Bank and the Bengkulu City Government because the ex-husband did not voluntarily implement the decision of the Bengkulu Religious Court regarding these rights, while the ex-wife, due to several obstacles, did not submit an attempt to execute the rights regarding herself and her children. This paper uses a mixed method with a normative juridical and empirical juridical approach. The object of this research is the decision of the Bengkulu Religious Court which has permanent legal force. The primary data sources for this research are the litigants and Bengkulu Religious Court officials. Data collection techniques through observation, interviews and documentation. Inductive data analysis using Maqashid as-Shari'ah theory. The results of the analysis include cases that were decided in 2013, one of the cases was divorce divorce by a husband who worked as an ASN in Bengkulu Province, the ex-wife used this application in February 2023, the result was that as of April 2023, the ex-husband's account was debited in the amount of Rp. 1,000,000/month for his children through his ex-wife's account. The E Mosi Caper application implemented by the Bengkulu Religious Court is an effort to provide excellent service to justice seekers.Keyword: Protection, Rights of Women and Children, Interconnection System.

Isbat Nikah Pasangan Suami Istri Yang Telah Meninggal Dunia Dalam Pandangan Maqashid Al-Syariah (Studi Analisis Putusan Pengadilan Agama Pekanbaru no. 0067/Pdt.P/2013/PA.Pbr)

The determination of marriage certificates for married couples who have not been registered with the Office of Religious Affairs (KUA) is one of the government's efforts to be able to provide guarantees of legal protection for married couples and children who will be born out of marriage, both regarding their rights and obligations as well as regarding other matters. matters relating to inheritance which can be proven by authentic evidence in the form of a marriage certificate. However, on several occasions, some circumstances were not ideal for a husband and wife, one of which was the loss of a marriage certificate and the data at the Office of Religious Affairs (KUA) were also not registered, while the husband and wife had died and the government provided a way out, namely by submitting a marriage certificate. to a religious court. With library research using a qualitative descriptive method, namely by outlining the judge's considerations in granting a request for isbat marriage, research on literature using a qualitative descriptive method, namely by describing the judge's considerations in granting a request for isbat marriage, and looking at this from the perspective of Maqashid Al-Syariah. The purpose of this research is to analyze the decision of the Pekanbaru Religious Court which discusses the marriage certificate of a husband and wife who have died by looking at the decision in Maqashid Al-Syariah. The results of this study indicate that in general the decisions issued by the Pekanbaru Religious Court are in line with Maqashid Al-Syariah namely preserving offspring (Hifzu Al-Nasl) and preserving property (Hifzu Al-Mal). Specifically, based on the considerations of the panel of judges it is also in line to legalize marriage which is the original law of isbat marriage.

Guarantee of Legal Protection in Cross-Border Electronic Transactions

Objective: The legal complexity associated with consumer protection, technological disparities, and regulatory misalignment at national and international levels creates significant challenges. In Indonesia, despite having laws regulating electronic transactions, implementation faces constraints, particularly concerning legal uncertainty and a lack of consumer legal awareness.
 
 Theoretical Framework: Preventive efforts include measures such as regulating quality and safety standards for products, monitoring business activities, and providing comprehensive education and information to consumers. These measures are designed to prevent problems or losses for consumers from arising at the outset of transactions.
 
 Method: This research employs a normative legal research method, focusing on the analysis of legislation, jurisprudence, and international conventions related to cross-border electronic transactions. Legislative analysis is used to explore relevant legal aspects, conceptual approaches aid in understanding key concepts, and a comparative approach is applied to analyze legal systems and consumer protection practices.
 
 Results: The research's conclusion provides a foundation for developing holistic strategies to ensure the fair, secure, and accountable sustainability of e-commerce growth at both the national and international levels.
 
 Conclusion/Implication: In the era of globalization, cross-border electronic transactions have become a catalyst for economic growth and global connectivity. However, the legal complexity associated with consumer protection, technological disparities, and regulatory misalignment at national and international levels creates significant challenges.

عصرِ حاضر کے ریاستی آئین سے متعلق رہنما قرآنی مبادیات

Constitution is the superior most legal document containing guiding principles for legislation and fundamental laws of the state. It is most reliable source of regulating affairs of state institutions, society and citizens. The Constitution is the most effective vigilance instrument for keeping the discretionary powers of the rulers and holding them responsible and accountable. It is the most authentic guarantee for protection of fundamental human rights. The prescriptive nature of Constitution makes it representative of democratic aspirations of the public, expressed through popular mandate. The holy Quran is the foundational basis of Constitution in a Muslim state, founded to fulfill the aspirations of adherents of Islam. The most prominent Quranic principles for Constitution making include the belief that sovereignty belongs to Allah almighty alone and obedience to the holy Prophet (PBUH) is obligatory in all affairs of the state. The raison d’être of a principled Islamic state, amr bil maroof and nahi anil munkir, is never to be ignored or disregarded. The principles of mutual consultation and coordination, entrustment of key positions to eligible individuals and protection of fundamental human rights are the hallmarks of Constitution. Treaty of Madina in the first Muslim state founded by Prophet Muhammad (PBUH) is the pragmatic manifestation of these divine principles.

Guarantees of protection of personal data of conscripts during their use in state registers for military registration

It is indicated that the guarantees of protection of personal data of conscripts are a system of conditions, principles, legal and organizational means established by law, which ensure the protection of information or a set of information about a person-conscript, who is identified or can be specifically identified for the purpose of implementation by such persons constitutional rights and freedoms in legal relations arising during mobilization training and/or mobilization.
 The author emphasized that the need to make operational and immediate decisions significantly reduces the potential of the principle of scientificity, the observance and consideration of which is important on the way to the development of the most optimal solution. In particular, in such a difficult situation, in which vital decisions have to be made, quite natural questions arise in the area of timeliness, adequacy of such decisions, their compliance with the Constitution and laws of Ukraine. In the author's opinion, one of the similar issues is the search for ways to ensure the protection of personal data of conscripts during their use in state registers for military registration.
 Legal and organizational ways aimed at ensuring the protection of personal data of conscripts and other persons during their receipt, processing and use by electronic register tools are proposed, in particular: amend the draft law aimed at avoiding the exchange of data between state registers and their owners and administrators as such, which contradicts the Constitution and laws of Ukraine; clearly define the list of persons (as well as the professional requirements for them) with the right of access to the electronic register in order to reduce the negative impact of the so-called human factor of illegal use or "negligent leakage” of personal data from the register's information bases; by analogy with positive foreign experience, publish certificates and detailed technical information (including the source code) of the corresponding software product, which should confirm the high technical level of protection of the electronic information and telecommunications system; provide for administrative and criminal liability for illegal receipt, distribution and use of personal data of conscripts and other persons, illegal interference in the work of the electronic register, etc.

Paradoks Pekerja Rumah Tangga di Indonesia: Belum Tergolong Pekerja Yang Melakukan Pekerjaan Layak?

This article is an analysis of the paradoxical situation experienced by domestic workers in Indonesia. On the one hand, they exist as workers, but on the other hand, their existence as workers has not been recognized and their rights as workers have not been fully fulfilled and they do not receive social protection guarantees from the government. This position makes them vulnerable to exploitation, violence and oppression. Therefore, by using qualitative research methods, especially literature studies based on literature and previous research results, the author shows the social exclusion of domestic workers in Indonesia. Based on the facts above, the author emphasizes the importance of applying the concept of decent work for domestic workers and promoting domestic work as a decent work for domestic workers. One conclusion that can be drawn from discussing this topic is that domestic workers also count as workers and that domestic work is also decent work that should be widely accepted. With this recognition, the existence of a legal umbrella and guaranteed social protection for domestic workers is a must. Thus, recognizing the existence of domestic workers and their work is an intention to build an inclusive social order, in which there is recognition and respect for a person's dignity.

Нарушение презумпции невиновности в административном законодательстве: проблемы оценки доказательств

The analysis of the legal regulation of the evaluation of evidence in administrative legislation, as well as the practice of its application in the administrative and jurisdictional process leads to the conclusion about its im-perfection. For this reason, the principle of presumption of innocence does not always serve as a guarantee of protection of rights and legitimate interests of citizens brought to administrative responsibility. Frequently, judg-es and bodies of relevant jurisdiction, considering cases on administrative offenses, evaluate evidence at their discretion, ignoring the meaning of the said principle – to compensate for the difference of knowledge of the right of the accusing and accused parties. This leads to legal liability of citizens for unproven unlawful facts. The circumstance causing the relevance of the raised issue is the complexity of the implementation of the prin-ciple of presumption of innocence in administrative-jurisdictional process, associated with the order of evalua-tion of evidence on the basis of the norms of the Code of the Russian Federation on Administrative Offences. Attention is drawn to the imperfection of administrative legislation in terms of the procedure for evaluating evi-dence and the need for amendments and additions to the Administrative Code of the Russian Federation, by legislating the definitions of “criterion of evidence” (relevance, admissibility, sufficiency and reliability) and “cri-terion for evaluating evidence”.

Implementasi Bantuan Hukum Litigasi dan Non Litigasi Melalui Lembaga Bantuan Hukum Universitas Lancang Kuning

Legal aid is a constitutional right for every citizen to ensure protection and equality before the law, as an effort to recognize Human Rights (HAM). Receiving legal aid is a manifestation of access to justice, which is the implementation of guarantees of legal protection and equality before the law. This principle is in line with the concept of legal aid which is related to the ideals of a welfare state. Legal aid also plays a significant role in the Criminal Justice System and the State Administrative Justice System as an integral part of protecting human rights for every individual, including the right to legal aid. This right is considered a very important right for every citizen, especially in the context of legal proceedings, especially criminal law and state administrative law, where the defendant cannot defend himself. The government has provided free legal aid for underprivileged people, but many are still not aware of this, causing them to feel that they are not supported by the government. This article details the realization of legal assistance related to both litigation and non-litigation cases related to the Lancang Kuning University Legal Aid Institute.

Protection of the Right to Privacy in States’ Unilateral Access to Extraterritorially Located Data in Criminal Investigations

The process of striving to enhance law enforcement's access to digital data held extraterritorially while finding the right balance in fundamental-rights protection began with establishing the Convention on Cybercrime. Evolving risks of evidence being lost, intimately connected with the urgency of collecting digital data, impose a constant need for new, more efficient models for data acquisition and access. The article examines the set of mechanisms connected with states gaining access unilaterally (without needing foreign states’ assistance) to extraterritorially located data from the perspective of protecting suspects' privacy and family-life rights. In light of the fact that one virtually steps onto foreign ground to gain such access, most states have refrained from regulating it domestically and have officially addressed the issue by means of international co-operation instruments created for situations significantly different from this, yet investigators in circumstances such as a domestic criminal investigation wherein the only connection to the other state lies in an e-mail message sent via a foreign service provider ought to avoid resorting to extremely burdensome mutual legal-assistance instruments. At the same time, sufficient domestic guarantees of fundamental-rights protection should be in place. The author proposes a model for unilaterally accessing extraterritorial data that considers the rights of individuals involved in criminal procedure and, alongside these, state interests in unilaterally accessing and receiving extraterritorially held data.

Itikad Baik Pembeli Tanah Sebagai Jaminan Perlindungan Hukum Terhadap Wanprestasi Penjual (Studi Kasus Putusan No. 9/Pdt.G/2018/PN.Kln.)

This research aims to analyse how the protection of the Buyer of the land in the event of a default is carried out by the Seller. This research method is empirical normative, namely from laws and regulations and interviews of speakers related to this paper. Based on Article 1338 paragraph (3) of the Civil Law and Supreme Court Circular No. 4 of 2016 concerning the Implementation of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber in 2016, which is a guideline for the implementation of duties for the judiciary, the Formulation of the General Civil Chamber Number 4, is stated that Good faith when purchasing land is one of the legal protections for the Purchaser of the land, so it is necessary to obtain a guarantee of legal protection.

Формирование профессиональной мотивации курсантов современного военного института

The dual content of the process of professional motivation is clarified: as a system of factor mechanisms that determine the professional behavior of subjects; as a characteristic of a labor person, his orientation / non-orientation towards obtaining a specialty and implementing professional activities, professional needs of a person, his internal and external driving factors. The professional motivation of a cadet manifests itself not only as a set of motivating actions that determine the approval of the motives for choosing a military profession, but also the need for long-term performance of professional duties of a serviceman. It is proved that the process of complex motivation of cadets of the military institute is carried out at three levels: weighing — based on the analysis of the surrounding situation, determining the preferences of behavior strategies; social planning — task specification, primary formation of professional motives; transformation of professional labor action — renewal of professional activity practices. Within the framework of training at the military institute, the design of professional motivation is a single, multi-system component that reflects the unity of projects: 1) educational and cognitive development; 2) professional stimulation; 3) service and labor motivation. The types of formation of professional motivation of cadets are specified: 1) a normal stable process from the first to the fifth year (characterized by the consistent formation of abilities and motives for professional activity); 2) deviant process (episodic manifestations of destructive processes mainly in the initial courses, characterized by maladaptation professional practices). The factors of inhibition of the processes of formation of professional motivation of cadets of a modern military institute are revealed: insufficient material allowance of cadets; inconsistency of vocational guidance work in the system of pre-university and university education; reduction of guarantees of social protection and service and labor stability of military professional activity of students in military institutes; disunity of various components of professional motivation of cadets (personal-thinking, as well as practical-effective).

Procedural Legal guarantees for consumer protection Analytical legal study

Procedural Legal guarantees for consumer protection Analytical legal study

Legal Protection of Patient's Electronic Medical Record: Indonesian Legal Perspective

Health is the most fundamental factor of every citizen, particularly in Indonesia. Considering that many people need health services, patients’ data are pivotal as they contain patients’ health and medical records, identity, examination, medication, and other services patients receive in health services. Medical record in Indonesia is regulated by the Minister of Health Regulation No. 269 of 2008 on Medical Record and the Minister of Health Regulation No .22 of 2022 on Electronic Medical Record. The transition to electronic medical records is expected to finish on 31 December 2023. Electronic Medical Records (EMRs), which are now being implemented across the healthcare system in Indonesia, have the potential to fulfill the rights of citizens in the healthcare sector. On the other hand, data security for patients requires protection, as electronic systems may be vulnerable to data breaches and misuse by unauthorized individuals. The objective of this research is to examine the legal protection for patients when their electronic medical record data is misused and to elucidate patients' rights in the realm of healthcare, particularly concerning medical records. The research employs a normative juridical approach with a legislative regulation focus. Article 29 of Minister of Health Regulation No. 22 of 2022 already addresses data protection for patients' personal information, although continuous monitoring of the implementation of patient's Electronic Medical Records is still necessary. The findings of this study emphasize the necessity of ensuring data protection guarantees for patients stored within electronic systems.

The right to results of data processing in the form of predictive conclusions obtained by artificial intelligence

The article investigated the legal regime of “predictive conclusions” formulated as a result of processing Big Data combined sets. The right of access and the right to rectification are analyzed as potential legal mechanisms for counteracting the effects of predictive conclusions. It is proven that predictive conclusions obtained by artificial intelligence as a result of processing Big Data affect the data subject in the conditions of the data economy. At the same time, it is established that neither the right of access nor the right of rectification protect the data subject from the results of the use of predictive conclusions. The necessity of introducing a new right, which should supplement the system of legal guarantees of personal data protection – “the right to the results of data processing” is substantiated.

Religious Group Affect and Support for First Amendment Liberties

Abstract The First Amendment guarantees protection for religious exercise in the United States. But for some, the question of who should benefit from these protections seems to hinge on the identity of the religious group seeking these protections. In this article, we explore the extent to which people’s attitudes toward different religious groups affects their support for First Amendment protections as applied to these groups. We also examine whether it is possible to mitigate these effects, asking whether respondents can be primed to consider tolerance when evaluating rights claims, and if so, whether this increases support for rights in general. Our results have important implications for tolerance and rights in a diverse, pluralistic society, and shed light on what the future might hold for public opinion on constitutional rights and liberties.