Protection Of Individual Rights Research Articles

Simplified forms of trial proceeding of administrative cases in the legislation of European countries

The article is devoted to the analysis of the experience of the countries of the European Union for the implementation of differentiation of the procedural form of consideration and resolution of public-legal disputes by simplifying it - withdrawal of unnecessary, complicated, and ineffective elements. The study of this issue is conditioned by the activation of European integration processes in Ukraine, which requires taking into account the achievements of European countries in administrative litigation to improve the legislative basis of the functioning of administrative courts in Ukraine.
 It has been established that the introduction, along with the general procedure of judicial proceedings, that is, ordinary, simplified proceedings, is a trend long supported by the countries of the European region, which is aimed at increasing the effectiveness of the implementation of the right to access to justice and a fair trial, which was repeatedly emphasized by the Committee of Ministers of the Council of Europe in its Recommendations to member states.
 The legislation of European states (Germany, Georgia, Lithuania, Latvia, Poland, Austria, Estonia) was studied, which regulates the administrative court’s procedural activity to simplify the consideration and resolution of cases. The main criteria and reasons for applying simplified court proceedings and resolving public-legal disputes were considered. It was clarified: who has the right to initiate a case in a simplified manner, whether the participants’ opinion is taken into account, and what are the powers of the court when deciding this issue. Similar features were identified in the studied foreign legislation on simplifying administrative litigation.
 A comparative analysis of the European legislation with the provisions of the Ukrainian administrative-procedural legislation was carried out, and the provisions that would be appropriate to be introduced into the national legislation in order to improve the simplified legal proceedings and increase the level of effectiveness of judicial protection of individual rights in the field of public-legal relations were highlighted.
 It was concluded that simplified procedures for the trial investigation of administrative cases take an important place in the legislation of the countries of the European Union, which indicates the importance of procedures for optimizing the judicial process.

Constitutional theory and the limits to the punitive power: the Italian case of prisoners’ right to judicial protection

The growing attention of the Italian Constitutional Court and the European Court of human rights for the judicial protection of prisoners’ rights has placed the prison problem at the centre of the theoretical debate on penalty, after it has always been relegated to an administrative problem. The article, starting from the analysis of the complex hermeneutical operation carried out by the Courts, proposes a theory of the relationship between punitive power and the individual based on a new balance between the opposite paradigms of social defence and the protection of individual rights. Initially this balance was identified by the Courts in the theory of re-education, interpreted reductively as a doctrine of humanization of the punitive power. In more recent years, in response to the re-emergence of neoliberal retributive doctrines, this approach has been integrated with an articulated constitutional theory which invokes the constitutional fundamental rights of the individual as a limit to the punitive power. What emerges is a constitutional theory of punitive power that attempts, partially succeeding, to resolve some theoretical limits of liberal utilitarianism.

SURVEILLANCE TECHNOLOGY: BALANCING SECURITY AND PRIVACY IN THE DIGITAL AGE

This paper explores the benefits, challenges, and future implications of surveillance technology. It highlights how surveillance technology enhances security measures, improves public safety, optimizes resource allocation, and aids in emergency response and disaster management. However, concerns related to privacy invasion, potential abuse, discrimination, and lack of transparency and accountability need to be addressed. The essay emphasizes the importance of legislative measures, public awareness, technological safeguards, and collaborative efforts to strike a balance between the advantages of surveillance technology and the protection of individual rights. It also considers the global variations in surveillance practices, cultural and societal implications, and the challenges of cross-border data sharing. The conclusion emphasizes the need to navigate the future of surveillance technology responsibly by considering ethical guidelines and implications for individual privacy and social structures. KEYWORDS: Surveillance; Digital Age; Data Privacy; Technological Safeguards;

Qualification of digital crimes against person: problematic issues

Subject of the research is the norms of the criminal law establishing responsibility for crimes against the person, as well as explanations reflected in the Resolutions of the Plenum of the Supreme Court of the Russian Federation No. 58 of December 24, 2019, No. 46 of December 25, 2018, No. 16 of December 04, 2014.
 Purpose of the research is to improve the criminal law and law enforcement practice in terms of the qualification of new ways of committing traditional crimes against the person (murder, kidnapping, human trafficking, depraved acts, violations of the inviolability of the home), as well as socially dangerous acts, responsibility for which is not directly enshrined in the criminal law, but having the ability to harm human rights and personal freedoms in the conditions of digitalization (deepfakes, stalking, cyberbullying).
 Methods and objects of research: one of the methods used was the formal logical approach to the cognition of legal phenomena; also, the methods used were methods of analogy, generalization, differentiation, comparative-legal and formal-legal methods of research of public relations in the field of protection of individual rights and freedoms.
 Main results of research: is proposals have been formulated for the qualification of actions aimed at harming the individual through the use of modern technologies, as well as for improving the norms of the current criminal law and the provisions of the Resolutions of the Plenum of the Supreme Court of the Russian Federation in terms can influence the criminal legal assessment of the act in the conditions of criminal use of digital technologies against the individual.

INSIGHTQUEST FROM DATA

Data mining is the process of discovering useful patterns and insights from large datasets, using statistical and machine learning techniques. It involves extracting knowledge from data and transforming it into an understandable structure for further use. Data mining algorithms can be used to analyze various types of data such as text, images, and videos, and can be applied to various domains such as finance, healthcare, and marketing. Data mining has many practical applications, such as customer segmentation, fraud detection, predictive modeling, and recommendation systems. It has become an important tool for businesses and organizations to gain insights from their data and make data-driven decisions. However, it also raises concerns about privacy, data protection, and ethics, as it involves handling large amounts of sensitive data. Therefore, ethical and responsible use of data mining techniques is crucial to ensure the protection of individual rights and the preservation of social values.

جنس میں تبدیلی اور اس کے فسخِ نکاح پر اثرات

This research paper examines the complex issue of gender change and its implications on Nikah, the Islamic marriage contract. By analyzing Islamic legal sources, scholarly opinions, and contemporary discussions, the study explores the challenges and considerations arising from individuals undergoing gender transition and their desire to enter into or maintain a Nikah. The research examines different schools of thought within Islamic jurisprudence and their varying interpretations on the permissibility and validity of marriages involving individuals who have undergone gender reassignment. It delves into the fundamental principles of Nikah, such as the importance of consent, compatibility, and the preservation of legal rights and responsibilities. Furthermore, the paper explores the ethical and social dimensions surrounding gender transition within an Islamic framework, addressing questions related to identity, biological sex, and the concept of "gender at birth." The study also investigates the perspectives and experiences of Muslim communities and religious authorities on this matter, considering the need for compassion, inclusivity, and the protection of individual rights. Additionally, the paper examines the potential legal and societal implications of recognizing gender change within the context of Nikah, including inheritance rights, family law, and the overall functioning of Islamic marital institutions. The findings of this research shed light on the complexities surrounding gender change and its impact on Nikah, providing a comprehensive understanding of the diverse perspectives within Islamic discourse. The research contributes to the ongoing discussions on gender, identity, and marriage in contemporary Muslim societies, emphasizing the need for compassionate and informed approaches to address the unique challenges posed by gender transition within an Islamic legal and ethical framework.

Mainstreaming Justice in the Establishment of Laws and Regulations Process: Comparing Case in Indonesia, Malaysia, and Australia

This paper compares the cases of Indonesia, Malaysia, and Australia to examine how these countries incorporate principles of justice in the establishment of laws and regulations. It explores the significance of mainstreaming justice in lawmaking, emphasizing equitable representation, fair access to justice, and human rights considerations. The analysis highlights the legal frameworks and institutional structures in each country. In Indonesia, the role of the Constitutional Court and stakeholder involvement in the legislative process are examined. Malaysia's constitutional framework and efforts to address ethnic and religious diversity, as well as the role of judicial review, are discussed. Australia's common law system emphasizes parliamentary scrutiny, public consultations, and protection of individual rights through the High Court and parliamentary committees. This study provides insights into the diverse approaches and challenges faced by these countries in mainstreaming justice in their lawmaking processes. It contributes to understanding how justice can be effectively integrated into laws and regulations, offering valuable insights for policymakers and legal practitioners seeking to promote justice in legislative contexts.

State-centric proportionality analysis in Chinese administrative litigation

Abstract This article examines the application of proportionality in Chinese administrative litigation over the last two decades and argues that courts in administrative litigation that serve the party-state and tend to uphold state/collective interest have altered proportionality to be state-centric. It finds that the courts invoked proportionality in a negligible portion of all administrative litigation judgments and had inadequate emphases on protecting individual rights. Proportionality has not appreciably assisted the courts in enhancing their oversight of governmental power and protection of individual rights. This article suggests that this is attributable to the restricted function of administrative litigation in China’s party-state governance structure and owing to the country’s long-held belief that public interest takes precedence over individual rights. Administrative litigation, which China’s ruling party employs to resolve principal–agent issues, is seriously constrained. The courts are expected to review the formal legality of executive actions, but not their substance. Informed by the Chinese human rights belief, which favors collectivism over individualism, the courts are skewed toward public interest in the balancing analysis when applying proportionality.

Varieties of food democracy: a systematic literature review

ABSTRACT The concept of food democracy has been developed to articulate norms and ideals of democracy as a counterpressure to ‘food control’ from concentrated and transnational corporate power in the agri-food system. Yet to date, a comprehensive overview is missing to identify the various elements and dimensions of food democracy conceptualizations and to reflect on what exactly is democratic about food democracy. To address this gap, a systematic literature review was conducted to assess consensus, common and outlying dimensions of food democracy conceptualizations and the epistemological synergies and struggles around different understandings of democracy in the research field. Analysis uncovers more than 20 different food democracy dimensions, the most common of which (deliberation, knowledge democracy, food choice, civic co-planning, rights protection) diverge along two predominant schools of thought, epistemological positions and strategies for change: first, food democracy as a process of open and inclusive public deliberation in participatory settings; second, food democracy as the protection of individual rights, liberties and private (consumer) freedom. Through the lens of varied democracy perspectives, we discuss implications for further development of food democracy in research, policy and agri-food systems interventions.

The Dual Nature of the Interaction of the Prosecutor's Office of the Russian Federation with Public Authorities in the Field of Protection of Individual Rights and Freedoms

The article examines one of the signs of the legal nature of interaction, namely its duality, demonstrated by the prosecutor's office and public authorities in the exercise of powers to supervise the observance of constitutional rights and freedoms of man and citizen. The article analyzes the scientific and legal research existing in the field of research of the constitutional and legal nature of the special position of the prosecutor's office in the system of separation of legislative, executive and judicial branches of government. The results of the analysis are considered on the example of such a form of activity of public authorities and the prosecutor's office as interaction. The conclusion is made about the dual dynamic and changing nature of interaction, where the participating subjects, on the one hand, mutually influence each other, organizing their actions, and on the other hand demonstrate some kind of interdependence.

The Model of Adjudication by Administrative Courts in Poland

This research concerns the model of judicial proceedings by Polish administrative courts. Article purpose is to analyze the administrative court in Poland, to compare it with the Ukrainian one, to investigate the effectiveness and possibilities of intervention of the administrative court in the sphere of powers of other authorities. Administrative justice in Poland consists of voivodship administrative courts, which hear cases in the first instance, and the Supreme Administrative Court as a court of second instance. The author assumed that the introduction of a mixed model of judicial practice of administrative courts effectively fulfills the main goal of administrative proceedings, which is to protect individual rights from the arbitrariness of public administration bodies. The intrusion of the administrative court into the sphere of powers of the authorities is justified by the effectiveness and efficiency of the judiciary. This allows the complainant to get a decision on the merits much faster. The mixed model of judicial practice of Polish administrative courts allows more effective implementation of the protection of individual rights. The analysis of the issue was carried out using theoretical-legal and historical-legal methods.

CRIMINAL EVIDENCE WITH MODERN TECHNOLOGY AND ITS IMPACT ON BASIC FREEDOMS IN JORDANIAN LEGISLATION

This white paper examines the use of modern technology as evidence in criminal proceedings in Jordan and its impact on basic freedoms in the country's legal framework. The paper begins by providing an overview of the Jordanian legal system and the importance of criminal evidence in criminal proceedings. It then explores the limitations of traditional evidence and the increasing importance of modern technology as evidence in criminal investigations.
 The paper further examines the types of modern technology used as evidence in Jordan, including digital data and social media, and the admissibility of such evidence in criminal proceedings. The advantages and disadvantages of using modern technology as evidence are also analysed, along with the potential impact on basic freedoms such as the right to privacy, freedom of expression, and the right to a fair trial. Finally, the paper offers recommendations for future developments in legislation to ensure a balance between the benefits of modern technology in criminal proceedings and the protection of individual rights and freedoms. Overall, this paper highlights the importance of evaluating the use of modern technology as evidence in criminal proceedings to ensure a fair and effective criminal justice system that respects the rights and freedoms of individuals in Jordan.

CRITICISMS OF THE DIRECT APPEAL BEFORE THE JORDANIAN CONSTITUTIONAL COURT

Constitutions vary in granting the authority to exercise the power to challenge the constitutionality of laws between individuals, bodies and the head of state. Some of the constitutions have granted cancellation control or direct appeal of unconstitutionality to the head of state, government and bodies only without individuals, given that the type of control that followed is cancellation control, so the research aimed to clarify Type of control over the constitutionality of laws and regulations in Jordan and development who obtained this oversight, and the negatives and positives in the approach of the Jordanian legislator to limit the method of direct appeal to public authorities without individuals, and the most important results reached is that the Jordanian constitutional legislator adopted a method of limiting the power of direct appeal to the authorities without individuals, and this limitation was limited to the Senate And the House of Representatives and the Council of Ministers, while maintaining the power of individuals to indirectly challenge the unconstitutionality of laws by means of a secondary defense. Constitutional oversight is the protection of individual rights and the safeguarding of constitutional legitimacy.

Topical Issues of Application of Decisions of Interstate Human Rights Bodies in Criminal Proceedings of the Russian Federation

The paper deals with the implementation of international standards for the protection of individual rights in criminal proceedings consolidated in the decisions of judicial and quasi-judicial intergovernmental human rights bodies. The author gives a characteristic of the main stages of interaction of the legal system of the Russian Federation with the system of international standards, perceived through the practice of the ECHR. The paper examines features of the execution of the ECHR acts after the Russian Federation withdrew from the Council of Europe. The article analyzes the legal foundations of the activities and legal properties of acts of quasi-judicial bodies of the United Nations in the context of the grounds for reviewing national judicial decisions in criminal cases. On the basis of Russian judicial practice, the legal model of sentence review based on international judicial and quasi-judicial acts is analyzed: the stable characteristics of this model are determined, the patterns of implementation of acts of quasi-judicial bodies of the United Nations in Russian judicial practice in criminal cases are described, the factors requiring improvement of this model are analyzed. It is concluded that the existing model of regulation of these relations is based on insufficiently clear provisions of the Criminal Procedure Code of the Russian Federation in their interpretation by the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation. This model does not fully take into account the specifics of individual legal acts of interstate human rights bodies. In conclusion, the article proposes the author’s concept of the reform of the model of resuming criminal proceedings in connection with these acts of interstate human rights bodies. As one of the conclusions, the paper notes that at the present stage of the development of criminal procedure, legislation and the practice of its application in the Russian Federation, the issues of implementation in domestic law of international human rights treaties through the execution of decisions of their control (judicial and quasi-judicial) mechanisms with competence to consider individual reports of victims of alleged violations of these treaties remain relevant.

Диференціація відповідальності за вчинення адміністративних правопорушень

The Ukraine’s acquisition of the status of a "candidate state" of member states of the European Union, as well as the influence and observance of the international legislation on human rights and freedoms, significantly complements the administrative and legal status of citizens of our country. The ratification by the Ukrainian state of the European Convention on Human Rights (1997) and other international legal acts related to rights and freedoms opened a new stage in the development of national legal science, especially regarding the protection of the rights of natural persons [1, p. 15‒32]. Existing approaches in the administrative and legal science to the protection of individual rights, as well as to the application of measures of coercive influence to the violator, are closely related to the characterization of a natural person as a participant in the administrative and legal relations existing in society. Note that Chapter 11 of the Constitution of Ukraine contains a non-exhaustive list of rights, freedoms and responsibilities of a human and a citizen [2]. The legislator also uses the term "person" in order to specify the individuality of a natural person and his/her legal status with the designation of his/her features. At the same time, the presence of terms characterizing the administrative and legal status of an individual always requires clarification of the relationship between such terms as "natural person", "citizen", as well as their legal impact on the differentiation of liability of subjects who commit administrative offenses. Each of the mentioned terms has different interpretations according to the object and subject of research, which in general indicate the historical, social, cultural and other attainments of a person who possesses socially determined and individual qualities that are manifested in the intellect, emotions and will of a person. When characterizing a natural person, it is worth noting the social connections and relations, features and qualities that have social and individual significance. These include: the ability to think and make conscious and not instinctive decisions; individuality (talent, education, profession, preferences, etc.); freedom, that is, the right to choose from the options of behavior provided by society, which ensures the realization of personal interests and does not violate the rights of other subjects; responsibility to society [3, p. 630]. It is worth noting that the concepts of "person" and "personality" are not equivalent to each other, especially in terms of defining a human as a person. In our case, we may be talking about the insanity of a person who, at the time of committing illegal actions or inaction, is in a state of insanity, that is, could not be aware of his/her actions or control them due to a chronic mental illness, a temporary disorder of mental activity, mental retardation or another medical condition [4]. The social and individual characteristics of a natural person testify to its administrative and legal status, the essence of which is the establishment by the norms of administrative law of the subject's position, which is characterized by subjective rights, legal obligations and liability of the subject in the field of the public administration [5, p. 405]. Therefore, it is relevant to characterize the differentiation of the liability of subjects for committing administrative offenses, the administrative and legal status of which in most cases is asymmetric, since individuals act within the limits of rights and freedoms granted to them.

Observance of individual rights in criminal proceedings during martial law

The objective of the research was to identify threats to individual rights in criminal proceedings during martial law. The research involved system methods, descriptive analysis, systematic sampling, doctrinal approach and forecasting. Martial law introduced as a result of armed conflict carries important implications for criminal justice. Ensuring the observance of individual rights in criminal proceedings during this period applies to several crimes, the common feature of which is the time of their commission. The classification of subjects of prevention of infringement of such rights is presented. The prospects for improving the protection of individual rights in criminal proceedings require international assistance in the detection of crimes related to the armed conflict. It is concluded that ensuring the observance of individual rights in criminal proceedings during martial law requires combining the efforts of national and international specialists. Prospects for improving this process envisage international assistance with increased use of its results as evidence in national and international courts. It is appropriate to develop international recommendations for national law enforcement agencies and judicial bodies.

Preserving personal dignity

The coexistence of the real and virtual worlds has resulted in a complex interplay between them, where the definition of the virtual world remains elusive. The rise of digital technologies and the proliferation of personal data have led to concerns about privacy, and the need to adapt the concept of privacy to the current information infrastructure. This adaptation requires a shift from the traditional focus on defending the private sphere against external invasions to a consideration of privacy issues in the context of the current organization of power. The Right to be Let Alone and the Right to be Forgotten are two legal concepts that have gained importance in this context. The former emphasizes an individual's right to total immunity from injury, while the latter enables users to control their personal data if it is no longer necessary for its original purpose or if it causes more harm than benefits. The Right to be Forgotten is crucial to protecting personal identity and privacy in the digital age, and it provides a solution for issues related to data use and artificial intelligence. Thus, a comprehensive understanding of the Right to be Forgotten is essential to ensure effective protection of individual rights and uphold principles of human dignity.

American individualist anarchists’ critique of the democratic state

RESEARCH OBJECTIVE: The aim of this paper is to investigate major premisses of American individualist anarchist movement as the critique toward the constitutional democratic state.
 THE RESEARCH PROBLEM AND METHODS: Paper analyses premises that led individualist anarchists to formulate their thesis about supreme character of individual rights and individual sovereignty. Consequently, this brought them to conclusion that such defined sovereignty is irreconcilable with any form of government, including constitutional democracy.
 THE PROCESS OF ARGUMENTATION: After taking preliminary considerations, reconstructing development of individualist anarchist theory paper examines the shortcomings of constitutional democratic state pointed out by anarchists.
 RESEARCH RESULTS: The result of the study is to clarify the Individualist Anarchists critique of the state, including the constitutional democratic state. Also, to elaborate why classical elements like judicial control, constitution, legal protection of individual rights was not perceived by individualist anarchist as sufficient to legitimise the political authority as such.
 CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: Adopting anarchists’ perspective and introducing into discourse stateless order as the possible alternative allows to introduce more critical voices about original shortages in legitimization of state power.

Charakterystyka działalności poselskiej Hermana Liebermana w latach 1922–1926 dotyczącej Najwyższego Trybunału Administracyjnego

The article aims to present Herman Lieberman’s parliamentary activity in the years 1922–1926, concerning the enactment and amendment of the act on the Supreme Administrative Tribunal of 3 August 1922. The main reason for exploring this problem is the fact that his parliamentary activity, focusing on the first Polish administrative court, was omitted from his memoires and his official biography, written by Artur Leinwald. Apart from that, the topic of this article coincides with the centenary of the Supreme Administrative Tribunal. Furthermore, this publication shows how the Sejm and the Supreme Administrative Tribunal operated before the may coup of 1926, because afterwards the new executive was progressively forcing the Supreme Administrative Tribunal to cooperate with government and to support state policy. The greatest number of sources concerning Lieberman’s parliamentary activity in the interwar period can be found at the Sejm Library’s website. Therefore, the methodology for writing this article consisted in the analysis of the bills and protocols of the Sejm, the Constitutional Committee, and the Legal Committee. These sources show that Herman Lieberman was very involved in the legislative work concerning the Supreme Administrative Tribunal. Analysis of these documents makes it possible to conclude that the parliamentarian was a great supporter of setting up this court in Poland. Herman Lieberman was sure that the Supreme Administrative Tribunal would be the guarantor of the protection of individual rights and freedoms.

Ważenie praw i wolności konstytucyjnych w procesie sądowego stosowania prawa

The article analyzes the issue of the cognition of courts to weigh constitutional rights and freedoms, both in relation to vertical and horizontal relations. The view is defended that the courts are obliged to apply the weighing mechanism to constitutional rights – pursuant to Art. 31 sec. 3 and Art. 31 sec. 2 sentences 1 of the Constitution of the Republic of Poland. The constitutional adequacy of the final determination of the conditional priority relationship between the competing principles of law by the legislator is being examined. It is shown that the conclusiveness and correctness of establishing this relationship require weighing the principles in concreto sensu stricto, which can only take place at the stage of judicial application of the law. However, this does not mean that there is a gap in the Polish system of protection of individual rights and freedoms.