Realization Of Rights Research Articles

Care as a Prerequisite for the Realisation of Rights

Abstract Care is both a fundamental right for children, and central for a holistic realisation of other rights in the UN Convention on the Rights of the Child. Children have a right to care as is necessary for his or her “well-being”. Therefore, an analysis of the right to care, requires an understanding of the term well-being. In jurisprudence, well-being is underexamined. Nonetheless, there are several legal theories that are connected or relevant to care and well-being. Nevertheless, children’s rights are not based on one single theoretical fundament. In this article, we examine the right to care by exploring the role of well-being and three legal theories: vulnerability theory; care theory; and the capability approach.

Gender equality in family relations: legal aspects of protecting the rights of women and men in marriage

Gender equality in family legal relations is one of the main foundations of modern legal and social development. The article is devoted to the systematic analysis of the principle of gender equality in family relations as one of the fundamental tasks of the state and society. This study acquires special importance in the context of global political processes, international obligations of Ukraine and its European choice. The theoretical and practical importance of this issue is decisive for legal principles and the development of national society. Implementation of the principles of gender equality in family relations is important not only from the point of view of justice, but also for ensuring the harmonious development of society in general. The article examines the concept of gender equality in detail and determines its impact on the realization of property rights of participants in family relationships. On the basis of an in-depth analysis of scientific provisions, the legal nature of economic relations of spouses and their importance in the science of family law have been clarified. It is emphasized that family legislation reflects the concept of gender, taking into account all aspects of gender issues. Its purpose is to strengthen the principles of egalitarian democracy in the family, to ensure equal opportunities for the realization of constitutional rights, freedoms and duties of both an individual and a citizen. Legal awareness is defined as the basis of the mechanism for ensuring gender equality in Ukraine. The importance of gender equality for achieving stability and harmony in the family and society in general is emphasized. It has been established that there are problems of low legal awareness of citizens in general and specific problems of gender inequality in the country. It has been studied that gender equality in family relations is becoming more and more relevant and necessary in modern society. The meaning of gender equality as equal recognition of rights and opportunities for men and women in all aspects of family life is considered. Through the analysis of the legal aspects of the protection of the rights of women and men in marriage, highlighting the practical aspects of the realization of these rights and the analysis of socio-cultural influences, the formation and application of gender equality in modern family relations has been studied. It was noted that achieving gender equality in family relationships is a complex process that includes both legal and socio-cultural aspects. In particular, this issue is closely related to the fight against gender stereotypes, which can still affect attitudes towards the roles of men and women in the family. Therefore, the effective provision of gender equality in family legal relations requires not only the improvement of legislation, but also a change in public consciousness.

Humanistic foundations of the legal system: dialectics of theory and practice in the conditions of modern challenges

The article is devoted to the study of the principle of humanism as the fundamental basis of the modern legal state. The author examines the historical development of the concept of humanism from the ideas of ancient philosophers to modern concepts of human rights, emphasizing its key role in the formation of the legal system and state policy. The work analyzes the concept of «principle» and its meaning in the legal context. The author emphasizes the systematic nature of the principles of law, their interrelation and hierarchy, which is critically important for understanding their role in the formation and functioning of the legal system. Special attention is paid to the principle of humanism as a cross-cutting element of the legal system. Its key aspects are considered: recognition of the inherent value of each person, respect for human dignity, provision of conditions for the realization of rights and freedoms, striving for the common good. The author emphasizes that humanism in law is not only an ethical ideal, but also a practical guideline for law-making and law enforcement. The article also examines certain aspects of the dialectical opposition between humanism and anti­humanism, which allows for a deeper understanding of the dynamic nature of humanistic principles and their role in the development of the rule of law. The author emphasizes the need for constant critical review of existing norms and institutions for their compliance with humanistic ideals. An important aspect of the research is consideration of the relationship between the level of moral maturity of society and the implementation of the principle of humanism. The author claims that in a morally developed society, respect for the rights and freedoms of the individual becomes an organic component of everyday life, which creates a harmonious coexistence of ethical principles and legal norms. In the conclusions, the author emphasizes the need not only for formal enshrining of humanistic principles in legislation, but also for their practical implementation in all spheres of social life. This requires constant improvement of the legal system and state administration in order to maximally satisfy the needs and interests of citizens, which is a key feature of a truly legal and democratic state.

The norms of administrative law as a form of implementation of public administration

Being a systematically implemented activity of state authorities and local self-government, public administration is aimed at regulating social relations, ensuring a stable state and development of social processes in the interests of optimal functioning and development of society and the state. The norms of administrative law play an important role in this context. Through public administration, there are qualitative transformations of the methods and functions of state administration, which from abstract prescriptions of administrative law norms become means of performing the tasks of state administration in specific legal situations. On the one hand, public administration is implemented through the norms of administrative law, since it is the norms of administrative law that regulate the activities of subjects of public administration, form the basis of administration in all spheres of the life of society and the state. On the other hand, the main form of public administration is the adoption and implementation of administrative acts, which are understood as decisions or legally significant actionsofanindividualnature, adopted(committed) by an administrative body to resolve a specific case and aimed (directed) at the acquisition, change, termination or realization of rights and/ or duties of an individual (persons). An administrative act can be issued both by a representative of public authority performing public tasks/functions and by a subject of delegated powers - a subject of public administration. At the same time, the following acts: contain legal norms that specify the norms contained in legislative acts of higher legal force, and also provide a mechanism for their implementation; define typical rules of conduct in the field of public administration; establish the organizational and legal status of public administration bodies; establish the necessary prohibitions and restrictions; grant special rights and assign special duties in the field of public administration; the conditions of interaction and coordination of activities of public administration bodies are formed; implement socio-economic programs; do not resolve cases that arose in the body, the subject of which is the regulation of the internal activity of the public administration.

Konstitusiyaya dəyişikliyə zərurət varmı: Azərbaycanda informasiya sahəsində hüquq və azadlıqlara dair normalarda ziddiyyətlər

The Constitution of the Republic of Azerbaijan forms the basis of the national legislative system. As in all areas of law, the guiding provisions and preliminary beginnings for the right to information are defined in the Constitution. However, the changes in the forms of realization of rights and freedoms in the field of information, arising from the demands of the modern era, make it necessary to reconsider many constitutional norms. In the article we have presented, the following articles of the Constitution of the Republic of Azerbaijan will be analyzed and suggestions and recommendations will be presented: freedom of information (Article 50 of the Constitution of the Republic of Azerbaijan); freedom of thought and speech (Article 47 of the Constitution of the Republic of Azerbaijan); guarantee of human and civil rights and freedoms (Article 71 of the Constitution of the Republic of Azerbaijan). Keywords: Constitution of the Republic of Azerbaijan, freedom of information, freedom of expression, restrictions, legitimate interests, proportionality.

The Role of the Advocate's Motions and Complaints in a Criminal Trial: A Scoping Review

Given the realities of criminal court development, motions and complaints for the protection of rights play an important role. However, the study of these advocacy tools is an under-researched issue. This requires further consideration, since these mechanisms can be really effective in different situations. The purpose of the study is to determine the importance of attorneys' motions and complaints for the purpose of implementing modern justice. For this Scoping Review, the PRISMA approach was used. Date range for inclusion of scientific literature: 2014-2024 (i.e., the last 10 years). To select the scientific literature, the following search databases were selected: Scopus and Google Scholar. The criteria for including literature were based on 5 items related to content, scientific novelty, methodology, and language. A total of 52 items of scientific literature, legislative acts and reports were included in the study. The results show that different countries use different models of advocacy, however, such tools as motions and complaints are common around the world. The purposes of attorneys' motions and complaints are not based on making a specific decision or performing a specific action, but on the realization of rights and legitimate interests existing in connection with the procedural or real status of a person. The conclusions determine that motions and complaints have an impact on further proceedings in a criminal court; in particular, they may affect the exclusion of inadmissible evidence, disclosure of additional evidence, protection of the rights of the accused, fulfillment of strategic tasks and recording of violations of procedural rights.

Lacuna in the Right to Information Act-2005 in India with Respect to Human Rights

Abstract: International organizations like Common Wealth Human Rights Initiative strongly advocates that the Right to Information (RTI) is fundamental to the realization of rights and for effective democracy Democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold governments and their instrumentalities accountable to the governed. Says the preamble of the Indian Right to Information (RTI) Act. The act provides effective access to information for citizens of India, which is under the control of the public authority. It promotes transparency and accountability in the working of every public authority. The Right to Information Bill, 2005 was passed by the Lok Sabha on May 11, 2005 and by the Rajya Sabha on May 12, 2005 and received the assent of the President of India on June 15, 2005 and came into force on October 12, 2005.However, there are still some lacunaes in the Act that need to fixed up in order to ensure smooth functioning of the government. The present research work is based on the theoretical study of this topic. The theoretical work will deal with the literature relating to right to information of a citizen from its government. A comprehensive study shall be conducted through the websites, journals, and newspapers and books. On the basis of the above discussion, it is proposed to divide the research paper into the following parts:-

Digitalization as a guarantee of the right to environmental information

The article is devoted to the study of the legal framework for the use of information technologies as a component of the legal mechanism for realization of the right to environmental information. The author notes that in forming the legal framework for digitalization of environmental relations, the need to use digital technologies to create conditions for universal accessibility of environmental information and to raise environmental awareness is crucial. The author emphasizes that digitalization is at the same time a guarantee of the constitutional right of citizens to have access to information on the state of the environment. A systematic analysis of the legal provisions which form the basis for the digitalization of environmental impact assessment and strategic environmental assessment and which serve as guarantors of the right to environmental information is carried out. The author emphasizes the need to improve the State system of environmental monitoring and information support of public administration. The article examines the service of recording the facts of environmental damage caused by emergencies, events, and armed aggression of the Russian Federation “EcoThreat”, which aims at recording the facts of environmental damage to the environment not only for prompt response, forecasting, management decision-making, reporting and planning regarding the recorded facts of environmental damage, as well as to ensure that citizens can exercise their rights in terms of free access to up-to-date information on recorded facts of damage to the environment as a result of emergencies, events, and armed aggression of the russian federation. It is summarized that the significant potential of digital technologies for social development is important for ensuring public access to the environmental sphere, expanding cooperation of civil society with public authorities and business, opening up new opportunities for the realization of environmental rights and meeting the environmental needs of citizens, and ensuring an improvement in the quality of the environment and the range of public services.

Recognizing the rights of children with disabilities in Malawi

Little is known about the realization of the rights of children with disabilities in Malawi, including which rights are being met or violated, where protection of rights must be reinforced, and ways that society can support the rights. This study explored the realization of the rights of children with disabilities in Malawi. Data generation included interviews with 30 children with disabilities (15 boys, 15 girls). Data were analyzed using content analysis and Taguette software, with codes generated relating to the UN CRPD articles. Findings indicate that children expressed discrimination and inequities toward the realization of multiple rights. In particular, there remain significant gaps in policy and programs addressing freedom from violence and abuse in community and school settings. The findings of this study will enable duty bearers, decision-makers, and service providers to prioritize initiatives for children with disabilities in Malawi to ensure their comprehensive breadth of rights is met. Points of interest This study examined how the rights of children with disabilities in Malawi are being met. The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) provides a framework for developing policy, designing services, and implementing programs for children with disabilities based on their rights. Children with disabilities said they get support, feel respected by family, and don’t feel neglected or abandoned by their parents. The government, community, teachers, NGOs, and families are working together to support the rights of children with disabilities. Significant issues exist in providing inclusive education and preventing violence for children with disabilities, both in terms of services and policies. This study’s results will help those responsible for actions, decision-makers, and service providers in Malawi prioritize policies and programs for children with disabilities, ensuring that their full range of rights is addressed.

PROBLEMS OF REALIZING THE RIGHTS AND FREEDOMS OF CERTAIN CATEGORIES OF CITIZENS

It is indicated that the realization of rights and freedoms is the practical implementation by citizens and other participants of social life of the demands provided for by the constitutional norms to satisfy requests and needs or obtain the necessary material and spiritual benefits in the manner established by law. Therefore, the mechanism for the realization of rights and freedoms is, first of all, a complex procedural and legal order for the realization of rights, freedoms and obligations, in which the law establishes a certain algorithmic nature of the order of implementation, its procedure: the sequence of actions of the bearer of rights and freedoms and the obliged subjects rights, as well as the content of these actions, the implementation of which is aimed at the most complete and accurate use of the right or freedom. In the opinion of the authors, since the factors influencing the consolidation of the value guidelines of the constitutional system are usually found at each specific stage of the development of the state, and which certainly affect the content of the principles in general, and the principles of the constitutional system in particular, the above list should be supplemented, at least one is the level of ensuring national security of the state. Considering the above, according to the authors, it would be quite logical to take advantage of the situation of potential reform of the fundamental principles of the constitutional system. Within the scope of the research, taking into account the issue of violation of the state sovereignty of our country, the modernized Constitution of Ukraine is intended to become a nationwide political and legal treaty and a fundamental law of national law. At the same time, the amended Constitution of Ukraine must ensure the proper implementation of all value guidelines of the constitutional system: people’s sovereignty, human rights, the rule of law in relation to the universal principles of modern constitutionalism - legality, proportionality, legal certainty, responsibility and subsidiarity in the legal provision of rights and freedoms person and citizen, the independence and impartiality of the court, the prohibition of the retroactive effect of the law, etc. (which are now doctrinally considered as components of the principle of the rule of law).

THE NEGATIVE IMPACT OF UNILATERAL COERCIVE MEASURES ON THE IMPLEMENTATION OF THE RIGHTS OF WORKERS OF BELARUSIAN ENTERPRISES

The article analyzes unilateral coercive measures taken against Belarusian legal entities in the context of the impact of such measures on the realization of fundamental human rights. Based on the legal analysis of specific examples of sanctions against Belarusian legal entities, the author proposes to develop Recommendations for states and legal entities under sanctions to ensure the protection of human rights under sanctions pressure. and also to keep official state statistics on the impact of sanctions on the rights of Belarusian citizens. At the national level, it is advisable for the BISI to conduct a study analyzing the impact of unilateral coercive measures on the realization of the rights of employees of Belarusian enterprises, and the National Statistical Committee of the Republic of Belarus to develop a Questionnaire to study the impact of unilateral coercive measures on the activities of Belarusian enterprises.

Enhancing Human Development in Nigeria Through Constitutional Reform via the Human-Rights-Based Approach to Development

Development indexes and scholarship portray Nigeria as non-developed. Non-development is acutely felt in the sphere of human development. This article interrogated the state of Nigeria’s human development by showing that the violation of human rights law is at the heart of Nigeria’s lack of human development. It offered some constitutional reform proposals that could potentially cure the country’s perceived human development weaknesses. It also utilised the human-rights-based approach to development. Consequently, the article answered the following research question: Is it possible to realise human development in Nigeria using the human-rights-based approach to development by way of constitutional reform? While acknowledging the weakness in the often argued importance of making chapter 2 of the 1999 Constitution justiciable, it made a case for the introduction of suo motu intervention by the judiciary in order to boost the realisation of rights that enhance human development: Right to health, right to education and right to a decent standard of living. It also argued for the relaxation of the rigidity of dualism in the 1999 Constitution in order for Nigerians to benefit from certain doctrines, like the principle of progressive realisation, which favour the aforementioned rights that enhance human development. To buttress this point, the paper then cited the innovative section 254(c)(2) of the 1999 Constitution which, to promote the plight of the Nigerian worker, did something similar with regard to the accommodation of international law instruments related to industrial relations.

Salud Menstrual: un análisis interseccional de los discursos producidos durante la pandemia de covid-19 en Brasil

Given the complex context of period poverty, people who menstruate throughout Brazil's territory find themselves without the minimum conditions of access and care for menstrual health. Since the field of sexual rights and reproductive rights is surrounded by tensions in the political scenario, we ask ourselves about the discourses that are produced in Brazil on menstrual health, how this reverberates in public policies and impacts the experiences of people who menstruate in the country during the period of the Covid-19 pandemic. The methodological path begins with the search for official documents published by the Diário Oficial da União in Brazil (DOU) on the subject of menstrual health, with a date range between 02/26/2020 and 06/15/2021; systematization in tables of excluded and included documents; search for publications on the Scielo portal, based on the selected descriptors; survey of mobilizations around the theme based on news from online newspapers, in the defined period. As a result, we found that despite national and international considerations dealing with the importance of combating period poverty, the Brazilian government affirms a position of neglect in relation to menstrual health, following an agenda of violation of sexual and reproductive rights that becomes more evident in the pandemic period in the country. On the other hand, we analyzed the productions of feminist theorists about menstruation, in addition to the social mobilizations that were consolidated in the struggle to guarantee the right to menstrual health in this period. This concludes the importance of an intersectional analysis in the construction of public policies in a country that is historically structured in coloniality, reproducing gender, race, class and territory inequalities to non-normative bodies. The plurality of voices of people who face menstrual experiences is essential in the fight against period poverty, as well as the role of the opposition in the political scenario for the realization of rights.

Die Prinzipien des neuen Verwaltungsverfahrensgesetzes der Ukraine

The new law of Ukraine on administrative procedures came into force 2023 after a long period of work on several draft laws. The discussions during the drafting period show, how the understanding of the importance of administrative procedures for the realisation of rights guaranteed by the Constitution grew over the years. Thus, in the law the principles of the administrative procedure are listed in article 4 and defined and concretized in the law. The law shows the influence of similar laws of EU MS and of the decisions of the European Court of Human Rights. The Europeization of Ukrainian administrative law cannot be disputed. Due to the fact that the law is very new, no decisions of the Supreme Court exist. But the decisions of the Court in the past show, that the mentioned decisions of the ECHR influenced the practice of the Supreme Court and thus, the Court implemented the principles, listed now in the law, already via his authority in Ukrainian administrative law. Therefore, the law will play a major role as the basic law on administrative procedure as it is more than a principle and not a collection of the Court’s decisions but a systematic regulation of the administrative procedure in Ukraine, influencing special administrative procedures in other laws.

CIVIL LAW RESULT AS A CRITERION FOR DIFFERENTIATION OF LEGAL STRUCTURES OF NOTARIAL ACTIONS

The author comprehensively analyzes the content of notary activity. Taking into account the content of the legal norms of the current legislation, it is established that all actions performed by a notary are differentiated into two groups: legally significant actions and auxiliary actions aimed at ensuring notarial activity. Notarial action is defined as a related system of legal facts, which represents the unity of notarial proceedings and the result of such proceedings. The article defines the technical and legally significant actions performed by a notary. The author combines groups of notarial actions according to the criterion of achieving a civil result by using the construction of classifications of notarial actions presented in the legal literature. The existence of three legal structures of notarial actions has been revealed: the first composition is to ensure the safety of property, the second composition is to ensure the fulfillment of obligations, the third composition is to ensure the realization of rights.

Information Security as an Element of the Personal Constitutional Status

The article is devoted to the identification and their correlation of such legal concepts as “constitutional and legal status of a person” and “information security of a person”. The article is focused on the main factors affecting the constitutional and legal status of a person, which include political and economic conflicts, the crisis of international law, the widespread use of new technologies, including information and communication technologies. In order to identify the nature of the relationship between the constitutional and legal status and information security of a person, the author analyzes the content of the concept of “information security of a person”, “digital security of a person”, “cybersecurity of a person”. Under the information security of a person, which is much more comprehensive than digital security, the author understands the achievement of personal security along with the guarantees of realization of rights, freedoms and legitimate interests related to information. It argues that the information security is connected not only with ensuring the right to information, but also with a whole range of constitutional rights, in particular, with such ones: 1) the openness and reliability of information about the activities of all public authorities; 2) obtaining information that needs to exercise other constitutional rights (the right to access to cultural values, the right to health protection, etc.); 3) information related to a person's identity, personal data; rights realized in the digital space by information and communication technologies. The author studies the provisions of the National Security Strategy of the Russian Federation and the Information Security Doctrine of the Russian Federation, which has showed that the rightful content of the information security of a person is to protect human rights and freedoms and relevant legitimate interests. The article concludes that personal information security cannot be recognized as a new human right. It is an element of the constitutional and legal status and refers to the guarantees of human rights and freedoms.

Procedural opportunities of the victim in a criminal trial

The scientific study is devoted to clarifying the procedural possibilities of the victim’s participation in an adversarial judicial criminal process, based on which recommendations were developed aimed at improving the tactics of conducting certain procedural actions, as well as the provisions of the criminal procedural legislation, which regulate the procedure for the victim’s participation at the stage of the trial. It is substantiated that legal guarantees of the realization of the procedural rights of the victim at the stage of the trial are aimed at creating certain opportunities for the victim in the examination of evidence, prevention (prevention) of violations by other participants in criminal proceedings, termination of violations of procedural rights and restoration of the violated right. It was determined that the basic legal guarantees of the victim during the trial include the following procedural possibilities: to be informed in advance about the time and place of the trial; submit evidence to the court and participate in their direct examination; to file objections and motions; to ensure safety for oneself, close relatives or members of one’s family, property and housing; give explanations, statements or refuse to give them; to challenge decisions, actions or inaction of authorized persons; support the prosecution in court in case the prosecutor refuses to support the state prosecution; to appeal court decisions in accordance with the procedure provided for by the Code of Criminal Procedure of Ukraine and others. Also, in order to provide additional guarantees for the realization of the rights of the victim in the adversarial criminal process, arguments are given for making relevant changes to the Code of Criminal Procedure of Ukraine in terms of: establishing for the victim the opportunity to be present when the preventive measure is selected, changed or canceled, to provide explanations and evidence to support their position, as well as the right to appeal decisions on the specified issues; indicating that the interrogation of the victim begins with the proposal of the presiding judge to give testimony regarding the criminal proceedings, after which his interrogation is carried out by applying direct and cross-examination.

PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS INITIATED IN CONNECTION WITH CRIMINAL OFFENCES COMMITTED BY MINORS: THE IMPACT OF REASONABLE ALLOCATION ON THE ECONOMIC SYSTEM OF THE COUNTRY

The purpose of the article is to reveal the essence and content of procedural costs in criminal proceedings initiated upon the fact of criminal offences committed by minors; to define the concept, essence and content of procedural costs in the current criminal procedural legislation of Ukraine; to study the problems of criminal proceedings and judicial proceedings in relation to minors; to consider the principle of procedural economy in criminal proceedings. A scientific discussion of the problem of unification of the provisions of the criminal and criminal procedural legislation of Ukraine with a view to ensuring a full pre-trial investigation, trial proceedings and determination of appropriate types of punishment for minor offenders has been presented. The concept of procedural costs in criminal proceedings in Ukraine was improved and methods of their implementation through the provisions of the national criminal procedural legislation were determined. The authors' understanding of the main distinguishing features of procedural costs is presented. The practice and legal positions of the Supreme Court regarding the limits and methods of covering the costs of proceedings have been considered. It has been established that the principle of procedural economy in the criminal justice system has been implemented by ensuring the smooth functioning of all court instances and the up-to-date comprehensive normalisation of investigative situations that may arise in the pre-trial investigation process and the selection of full investigative (research) and covert investigative (research) actions, with the aim of avoiding cases of repeated procedural measures to ensure the proper course of evidence. Results. It has been established that the procedural expenses in the criminal proceedings of Ukraine should be understood as the material damage provided by the criminal procedural legislation of Ukraine, caused by ensuring the needs of the pre-trial investigation and court proceedings, in particular, related to the process of evidence and realisation of rights, freedoms and legitimate interests of the parties and other participants in the criminal proceedings. The essence and meaning of the procedural costs are realised through the prism of the provisions of the Criminal Procedure Code of Ukraine (in particular, Article 124, which regulates the peculiarities of the distribution of the procedural costs), which ensure the protection of the state and the persons who have been the victims of a criminal offence from possible material losses that may arise in the course of conducting pre-trial investigation and trial. The main distinguishing feature inherent in the content of procedural costs is the form in which the decision to recover them is made – a court verdict or a court ruling. It has been proved that in modern conditions, in the context of criminal proceedings against minors, the following issues remain to be solved as a matter of urgency 1) improvement of the norms of criminal procedural legislation in the part of criminal proceedings against minors under the conditions of the special legal regime of martial law; 2) improvement of the personnel provision of the judicial system with regard to the selection of candidates for the position of a judge who conducts judicial review of cases of minors; 3) improvement of the procedure for carrying out investigative (search) actions in criminal proceedings initiated due to the fact of commission of a criminal offence by minors; 4) establishment of international cooperation in the pre-trial investigation of transnational criminal offences committed in complicity with minors. It was concluded that, in order to maintain the economic cycle, it is necessary to ensure a balance between the procedural costs within the framework of criminal proceedings and court costs for legal proceedings and the funds that go to the state budget. This includes, in particular, the establishment of a mechanism for compensating persons who have committed criminal offences and the normalisation of types of punishment with an emphasis on material punishment. Special attention should also be paid to improving the work of the courts of first instance in order to avoid cases being reviewed in the courts of appeal and cassation.

Educational Activity Licensing Procedure: Administrative and Legal Nature

The relevance of the study of the licensing procedure of educational activity is determined primarily by the need to improve the legislation on higher education within the scope of the Law of Ukraine "On Administrative Procedures". Normative acts regulating the licensing of educational activities are classified depending on the subject of regulation and are distinguished: 1) those regulating the static characteristics of licensing of educational activities; 2) those regulating the dynamic characteristics of educational activity licensing. It is substantiated that the procedure for licensing educational activity is a public procedure related to the exercise of the right to educational activity. The features characteristic of the educational activity licensing procedure as a type of administrative procedure are singled out, namely: it is carried out in the manner determined by the legislation on higher education; concerns public-legal relations regarding the provision of rights, freedoms or legitimate interests of individuals in the field of educational activity; is decided with the participation of an administrative body - an executive body, or rather the Ministry of Education and Science; as a result of the administrative procedure, the license is accepted as an administrative act, etc. It was concluded that according to the classification criteria, the licensing procedure of educational activity is a type of: 1) special partial; 2) law enforcement; 3) non-jurisdictional; 4) external; 5) declaratory administrative procedure. It has been established that a license is a decision of an individual nature, which is taken by an executive body authorized to perform the functions of public administration to resolve a specific case for the acquisition, change, termination or realization of rights and/or obligations in the field of education.

Implementing of Restorative Justice to Build the Criminal Justice System in Indonesia: A Study of the Batak Toba Justice System

The pursuit of fairness and harmony between the realization of rights and duties is a cornerstone of human progress. Restorative justice case resolution represents an endeavor to introduce a non-punitive procedure into Indonesia's criminal justice system as part of its ongoing effort to modernize its legal framework. Restorative justice focuses on healing criminal behavior's harm and shattered relationships. This study examined the feasibility of implementing restorative justice aspects into a national criminal justice system, gaining inspiration from the Toba Batak Indigenous People. The methodology was socio-legal. Dalihan Natolu is recognized as an alternative conflict settlement method for Toba Batak. The traditional leader mediates in this conflict resolution. By Batak customary law, the imposition of sanctions is decided by customary judges or kings. Dalihan Natolu then tells the culprit not to repeat his behavior. Dalihan Natolu involves offenders, victims, families of offenders and victims, and other parties in seeking a fair settlement that emphasizes repair above retribution. This helps Dalihan Natolu solve criminal concerns. In indigenous cultures, customary institutions convene the parties engaged in a crime to provide counsel and find solutions that do not harm or profit only one side. Justice is served, and the victim is not harmed.