Realization Of Rights Research Articles

ВІДШКОДУВАННЯ ШКОДИ, ЗАПОДІЯНОЇ ВНАСЛІДОК ВОЄННИХ ДІЙ

The purpose of this study is to highlight the actual problems of compensation for damage caused by military actions and to formulate proposals for improving such compensation. One of the objectives of the study is to develop practical recommendations and options for obtaining proper compensation. The article is based on the provisions of civil law, judicial practice and legal doctrine. The research is grounded on methods of synthesis, analysis as well as on comparative-legal and formal-logical methods. The problems of bringing and determining the extent of the damage were investigated. The analysis of the existing mechanisms of compensation for damage caused to natural persons, as well as the study of legislative initiatives aiming at realization of rights to receive compensation for damage or destruction of certain categories of immovable property as a result of fighting actions, terrorist acts, and sabotage caused by military aggression of Russian Federation were carried out. The main problematic aspects of the procedure of compensation of damage afflicted, particularly, the issue of the subject-matter composition (who has the right to receive such compensation) are highlighted. The problems of proving the destruction of property for further compensation, compensation of the damage afflicted and damages are emphasized. Therefore the presence of property damage in the form of destroyed or damaged one should be confirmed by relevant evidence: recording of information with witnesses or other authorized persons; photo and video fixation; use of materials of mass media; explanation of witnesses of shooting or detailed testimony of neighbors, relatives, friends. The problem of determining the size of the property that suffered damage or loss was investigated. The necessity for development of the methodology to determine the damage and losses afflicted by military actions, terrorist acts, and sabotage caused by military aggression of the Russian Federation was stressed and justified. Analyzing the experience of previous years, particularly the occupation of Luhansk and Donetsk regions, the experience of other states, as well as legislative and subordinate innovations, some practical advice for compensation of damage caused by military actions was developed and the basic ways of obtaining the compensation were proposed. Keywords: Civil and legal responsibility; compensation; state responsibility.

Legal anomalies within human rights implementation in court: Ukrainian heritage and perspectives

The law is a regulator of relations based on an orderly, generally accepted system of ideas and norms for the behaviour of subjects in a particular relationship. A large number of regulations, which are an external reflection of the content of law, sets the boundaries of such behaviour, but under the influence of relevant factors that have a subjective and/or objective nature, there are cases of deviation from generally accepted regulations, the so-called legal anomalies that occur in the exercise of a person’s rights in court. This article contains an analysis of current legal anomalies that may arise in the exercise of a person’s procedural rights in the administration of justice, given the reasons that provoke their occurrence. Both legal anomalies related to the subject of realisation of rights in court and anomalies that indirectly affect the possibility and completeness of such realisation were subject to research. The authors assessed the phenomenon of abuse of law, legal nihilism of the participants in the process, inconsistencies of judicial practice, etc., in terms of classifying such phenomena as legal anomalies. The possibility of recognising a legal anomaly at the legislative level (abuse of law) and the transformation of a legal anomaly into a rule of procedural law (written proceedings) is investigated. Variants of vulnerabilities of the modern mechanism of administration of justice are offered, where there is a high probability of emergence of new legal anomalies in the sphere of realisation of the rights of the person at protection by a court of the broken, unrecognised, or disputed rights.

ЗМІСТ ПРАВА НА ГРОМАДЯНСТВО: ОКРЕМІ АСПЕКТИ

The article is devoted to the research of current tendencies changes of the content of the right of citizenship under the influence of general integration processes and practices of European Court of human rights. The content of the right of citizenship is subjected under new tendencies assessment taking place in the process of realization of the Association Treaty between Ukraine and European Union. Analyzing the notion of citizenship in the context of Constitution, national legislature, European convention of citizenship differentiation of formal and legal status of an individual, legal relations between an individual and a state, combination of rights and duties according to the current tendencies of the conception of citizenship evolution are carried out. It’s indicated in the work that according to the current realization of the content of the right of citizenship it’s appropriate to maintain practical intention of regulation of legal nature and essence of absent nationality, improving of contextual and legislative principles concerning citizenship and legal identity of an individual in Ukraine as one of the basic constitutional human right. The right of citizenship, as institution of constitutional law, in recent years was proved as subjective right, changing owing to interpretation of citizenship by European Court of human rights within conventional rights and freedoms. At the same time a state, that is the subject of the definition of citizenship policy, regulates all spectrum of issues, connected with citizenship and derivative from above mentioned institution by national legislature. The sphere of citizenship minimally influenced by the norms of international law, that refers legal regulation of citizenship to the internal affairs of a state. A state owns the possibilities to determine a circle of citizens, correcting grounds of citizenship admission, setting restriction for citizens. The right of citizenship is a protection measure of possible behavior directing for the gratification of human interests, appeared in connection with acquirement, changing and outgoing of citizenship. The effectiveness of guarantees of the realization of right of citizenship in Ukraine consists of making legal guarantees that are contained in the norms of laws and depends on logic and systematic expediency, accurate focus and certainty relating specific subject and appropriate social relationship.

THE TRANSFORMATIVE POTENTIAL OF THE CONSTITUTIONAL ENVIRONMENTAL RIGHT OVERLOOKED IN GROOTBOOM

It is axiomatic that Grootboom (Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC) hereinafter “Grootboom”) remains the hallmark of the Constitutional Court’s success in terms of its transformative socio-economic rights jurisprudence. In this regard, De Vos has argued that lawyers and legal academics who wish to pursue the transformative possibilities of the Bill of Rights may find much to assist them in the Grootboom case. One of the reasons for De Vos’s recommendation is that the Court acknowledged the transformative nature of the Constitution in this Case and strongly asserted the interrelated, interdependent and mutually reinforcing nature of the rights in the Bill of Rights in achieving the transformative objectives of the Constitution. The purpose of this article is to reflect on the court’s transformative jurisprudence in Grootboom and to argue that, although the court strongly asserted the interrelated and interdependent nature of the variety of rights in Bill of Rights in fostering the transformative vision of the Constitution, it failed to highlight the centrality of the section 24 environmental right in fostering that vision. This article argues that the realization of elements of the section 24 environmental right are indispensible to the realization of rights that are generally perceived as having transformative potentials – rights entrenched in sections 26(1) and 27(1) of the Constitution. Drawing from a variety of sources, this article demonstrates the intersection between these rights and argues that the fulfilment of the section 24 environmental right can also contribute to the transformative vision of the Constitution.

Provision of services by public administration: models of regulation

In order to ensure the full realization of rights and freedoms, legitimate interests of citizens, to meet public needs in Ukraine, public authorities (mainly executive) and local governments, as well as other authorized public administration entities provide more than 130 items of various services. The application of laws in the field of service provision is primarily defined by part three of Art. 42 of the Constitution of Ukraine, according to which the state protects the rights of consumers, controls the quality and safety of products and all types of services and works, promotes the activities of public consumer organizations. The article analyzes various types of services provided to individuals and legal entities on the basis of the analysis of the norms of the current legislation of normative-legal acts and scientific views. It is determined that the development of democratic principles in the activities of executive bodies, local governments, their officials is closely linked with the efficiency and quality of services that must meet European principles and standards.
 It is established that in the current laws and regulations and in domestic legal science there are different approaches to understanding the concept of «service», features of the procedural part of service provision, as well as the fact that current legislation does not contain a definition of «service procedure» and a clear procedure services by public administration.
 Attention is drawn to certain shortcomings in the regulation of the procedure for providing services by executive authorities and local governments, and it is emphasized that despite certain legal and political difficulties in implementing the Law of Ukraine «On Administrative Procedure», a number of comments were made by the Chief Scientific Expert. The Verkhovna Rada of Ukraine adopted this law, which is an important step towards systemic public administration reform and bringing it closer to European principles and standards, and the shortcomings of the public administration's relations with citizens can be eliminated by making a number of changes and additions.

EXPRESSÕES DO NEOLIBERALISMO DIANTE DO ESTADO DE BEM ESTAR SOCIAL: Desacertos e Equívocos de um Modelo que Caminha para o Fracasso: EXPRESSIONS OF NEOLIBERALISM BEFORE SOCIAL WELFARE: Uncertainty and Misconceptions of a Model That Walks to Failure

This article is the result of the ongoing research project entitled “The Migration Dynamics of Traditional Border People in the State of Mato Grosso do Sul and the Reflections of Veto Message 163/2017”, which is part of a larger project (OGUATA GUASU AND TERRITORY: An anthropological analysis of Guarani mobility on the borders of Mato Grosso do Sul), funded by CNPq. The article seeks to analyze the neoliberal conception, articulating this study with the state policies of demarcation of indigenous lands in the border region of the state of Mato Grosso do Sul, reaching the conclusion that the state, while linked to capital, will remain distant from its real purposes regarding traditional populations and the realization of rights, as shown in the veto message studied. Through the inductive method and the bibliographical, jurisprudential and historical research the article will seek to reach the expected result.

IMPLEMENTATION OF THE LAW "PROFESSIONAL PRELIMINARY EDUCATION" IN IVANO-FRANKIVSK NATIONAL MEDICAL UNIVERSITY

June 6. 2019, Verkhovna Rada of Ukraine implemented the Law "Professional preliminary Education". The law defines the procedure, conditions, forms and features of obtaining professional preliminary education and regulates social relationships, that arise in the process of realization of the constitutional human rights on education, rights and responsibilities of individuals and legal entities that take places in the realization of this rights, as well as competence of governmental agencies and local self-government agencies in the field of professional preliminary education. The new mission of professional preliminary education has aimed to bring it on the new level, change people’s attitudes to this education and provide the labor market with certain specialists. 
 Nowadays, from successful implementation of the declared provisions of the law determines whether a professional junior bachelor will become competitive and in demand in the labor market. Implementation of the law is in a full swing. Currently, in realization the order of the Ministry of Education and Science of 24.09.2019 №1228 "On approval of the action plan for the preparation of draft acts necessary to ensure the implementation of the Law of Ukraine of 6 June 2019 № 2745-VIII "professional preliminary education".
 The implementation of the law "Professional preliminary Education" at Ivano-Frankivsk National Medical University began with bringing up documentation in line with the law. By the rector’s order of IFNMU №94 from January 31. 2020, the type of college was changed to "professional medical college". During the conference, IFNMU staff agrees to the changes that were made to the Statute of the University regarding the name "professional medical college". The rector’s order of IFNMU № 1363-d on November 25.2020 approved the "Regulations on the professional medical college of Ivano-Frankivsk National Medical University". Basic questions of the college functioning (general provisions, concept of educational activity, powers of the university, volume of fixed assets, powers of governing agencies and public self-government agencies; procedure for electing representatives to public self-government agencies; rights and responsibilities of the head of professional medical college; funds and property of a professional medical college, the order of reporting and control over the implementation of financial and economic activities) approved in this regulations.
 According to this thesis, the professional medical college is a structural subdivision of the university, which carries out educational activities under the educational and professional programs of training junior bachelors (junior specialists).
 Also in November 2020, the following documents regulates the activities of the college came into act: "Regulations on the cycle commission of the professional medical college IFNMU", "Regulations on the branch of the professional medical college of Ivano-Frankivsk National Medical University", "Regulations on certification of pedagogical workers in the college of Ivano-Frankivsk National Medical University","Regulations on the pedagogical council of the professional medical college of Ivano-Frankivsk National Medical University","Regulations on the organization of the educational process in the professional medical college of IFNMU".
 The important step in the implementation of the law will be the development of new educational professional programs for professional junior bachelors.
 Realizing a systemic reform in the field of professional preliminary education, aimed to achieve educational needs of citizens in obtaining quality education with a focus on practical activities and become an urgent need.

Term as an essential condition of a civil legal agreement

Problem setting. The changes and transformations that have taken place in the economy of our country have necessitated the reform and further study of contractual relations. These relationships arise, change and end over time. The conclusion of a contract is a rather complex process, which raises some issues related to the term of the contract and the term of realization of rights and obligations. The purpose of this work is a general study and analysis of the term as an essential condition of a civil contract. To achieve this goal it is necessary to solve the following tasks: 1) consider the definition of the term in civil law; 2) establish how the term and term are determined; 3) to investigate the term of the contract and the term of realization of rights and fulfillment of obligations; 4) investigate legal, contractual and judicial terms; 5) to analyze the classification of terms according to the degree of their certainty (absolutely definite, relatively definite and indefinite terms). Analysis of recent researches and publications. Civil scientists have studied contractual relations in various aspects. Research in this area was conducted by M. I. Braginsky, V. V. Vitryansky, V. V. Lutz and others. But the issue of term as an essential condition of a civil contract is poorly covered, is quite relevant and needs further study. Article’s main body. The article examines the term as an essential condition of a civil contract. The definition of the term is analyzed. The term of the contract and the term of realization of rights and fulfillment of obligations have been studied. Legal, contractual and judicial terms are investigated. The classification of terms by the degree of their certainty is analyzed, in particular, there are absolutely definite, relatively definite and indefinite terms. Conclusions. Thus, the study and analysis of terms as an essential condition of a civil law contract is of great scientific and practical importance, as they regulate civil circulation, stabilize civil relations and provide opportunities for proper and timely protection of civil rights.

The Peril and Potential of Ambiguity: How National Laws and Policies Can Strengthen and Protect the Rights of Rohingya Refugees

Abstract Against a backdrop of toughening governmental stances towards refugees, migrants, and stateless persons in the Asia-Pacific region, there is a renewed urgency to consider possibilities for the expansion of protection and access to rights and services to those who normally face exclusion. Drawing on national case law, policy developments and other practices in six major host countries in the region, this article highlights instances in which, despite not being party to the 1951 Refugee Convention, states have extended rights to non-citizens and thereby signalled acceptance of key refugee rights norms. In examining these precedents, the article demonstrates the possibility of expanding protection outside of the international refugee law framework, and intends to provide inspiration for the progressive realisation of rights for displaced Rohingya communities across the region, as well as for other non-citizen communities facing similar challenges.

INFLUENCE OF RISK FACTORS ON THE HEALTH OF SCHOOLCHILDREN IN HOT CLIMATES OF SURKHANDARYA REGION

Since 2016, the Republic of Uzbekistan has initiated a reform process that encompasses all social sectors, defines a new standard for government accountability to citizens and redefines the prospects for fulfilling children’s rights in Uzbekistan.These reforms take place in a challenging context. Changes in social policy and social services require innovation and learning, significant capacity building and investment to fill the remaining gaps and inequitable realization of rights of children in Uzbekistan. Like other Central Asian countries, Uzbekistan is significantly impacted by climate change and experiences risks of natural hazards, especially earthquakes,landslides and droughts. The ecological catastrophe

Reconfiguring Social Capital through Ahmad Dahlan’s Welas Asih Ethics

The purpose of this article is to deconstruct the Political Economic of Accounting (PEA) and construct Social Capital through the KH. Ahmad Dahlan's Welas Asih (or compassionate) ethics. The analysis technique employed was a deconstruction approach to interpret the PEA theory or framework. Further, Social Capital was constructed using KH. Ahmad Dahlan's Ethics of Welas Asih. PEA places social relations represented by various social institutions that regulate strategies for the realization of rights and obligations, while the economic order does not have transcendental relationships as motivation in organizing the power of economic resources to generate social capital. PEA also does not guarantee or present values that have characteristics specifics in each company or country. Welas Asihethics emphasizes social capital as the output of organizing economic power, which has divine transcendental values, namely the fear of denying religion and the fear of being a wretched person in the main worship of Almighty God

Potential risks and regulatory countermeasures of the development of pass economy in the meta universe

<p>The rise of Metaverse provides a new opportunity for the development of communication economy. Metaverse provides an ideal digital space for the equal participation of pass economic subjects, the economic value of creators, and the realization of rights and obligations by consensus rules. The potential risks associated with the development of the new economic form should be prevented. For example, the price fluctuation of the pass may infringe the rights and interests of creators, consumers and other subjects. The virtual space of the Metaverse may breed behaviors that violate laws and public order and good customs. Metaverse may be controlled by capital to form monopoly, etc. The combination of meta universe and pass economy can be used to regulate “law + technology”, including legal registration/certification + blockchain technology verification, legal procedure + automatic execution of smart contract, governance according to law + Dao autonomy. Specifically, the administrative organ uses blockchain technology to verify digital identity and digital property, review participant identity and activity content, supervise operator monopoly behavior and formulate national standards.</p>

Potential risks and regulatory countermeasures of the development of pass economy in the meta universe

<p>The rise of Metaverse provides a new opportunity for the development of communication economy. Metaverse provides an ideal digital space for the equal participation of pass economic subjects, the economic value of creators, and the realization of rights and obligations by consensus rules. The potential risks associated with the development of the new economic form should be prevented. For example, the price fluctuation of the pass may infringe the rights and interests of creators, consumers and other subjects. The virtual space of the Metaverse may breed behaviors that violate laws and public order and good customs. Metaverse may be controlled by capital to form monopoly, etc. The combination of meta universe and pass economy can be used to regulate “law + technology”, including legal registration/certification + blockchain technology verification, legal procedure + automatic execution of smart contract, governance according to law + Dao autonomy. Specifically, the administrative organ uses blockchain technology to verify digital identity and digital property, review participant identity and activity content, supervise operator monopoly behavior and formulate national standards.</p>

Civil Socialization of Youth in the Conditions of the Postmodern Information Society

The article deals with the analysis of the problem of civil socialization of youth in Ukraine in conditions of postmodern information society. The authors analyze definitions and main characteristics of civil socialization, define the role of information and communication in the process of civil socialization of youth, outline mechanisms of civil socialization of youth in the information society, represent the results of the conducted survey dealing with the peculiarities of civil socialization of the youth of Ukraine in postmodern information society. The conclusion has been made that the process of civil socialization of youth in conditions of postmodern information society involves the youth’s adoption of social norms regulating the relations of power (laws, ideas, political values and civil society values), self-identification with certain political groups, integration and implementation of active patterns of political behavior. The result of civil socialization is the formation of civic-mindedness, which is a multilevel information and communication process that includes both the formation of the civil identity of an individual and the development of legal consciousness, political and civil culture. Therefore, civic-mindedness is tightly connected with the opportunities for the realization of rights and freedoms, the exercise of civil duties, and the formation of civil solidarity.

Migração infantil e educação: entre silêncios e urgências no acesso a direitos

O artigo analisou como a criança é abordada nos estudos migratórios e nos estudos sociais sobre a infância e teve como objetivo principal refletir como tais aportes podem contribuir para o reconhecimento e a efetivação de direitos das crianças migrantes. Para pensar o contexto brasileiro, a pesquisa empírica utilizou-se de dados educacionais da rede pública municipal de São Paulo, sendo a metodologia composta por uma revisão bibliográfica das áreas citadas junto a uma análise qualitativa de dados relativos a educação infantil. Conclui que as infâncias vividas entre deslocamentos têm se tornado objetos de estudos a partir das desigualdades conjunturais, ausência de proteção social e de direitos humanos. O atual contexto de pesquisa sobre deslocamentos populacionais ainda desconsidera a criança como foco central de suas análises, o que contribui para mantê-la a parte da sociedade ou invisibilizada nesses processos. Por outro lado, entendê-la como sujeito e a infância como uma construção social tornam-se fundamentais para avançar na efetivação de direitos independente de fronteiras e origens.

Education, the Dream that is Materializing

The right to education is a fundamental aspect of human rights. It shapes life for a better tomorrow with a chance of an increase in better employment opportunities. It not only instills hope for a brighter future but also leads to the realization of other rights.1 Progress in human life is impossible without education, but despite this fact, refugees struggle to have access to education. Importance of the right to education increases when it comes to refugees because of its ability to uplift the standard of living. This paper will look at the right to education as a concept and the meaning attributed to the word education. It will shed light on the nature of the right; whether it is a socio-economic and cultural right or a political right. The paper will further examine international instruments which recognize the right to education in emergencies and comprehend how it has been applied to the case of refugees. It points out two positive examples where access to education has been provided by community-based organizations in collaboration with NGOs, governments, and other organizations. The paper acknowledges the barriers to higher education but is not ignorant of the fact that there is progress today as compared to forty years ago. The paper concludes that despite the conscious movement of the international community towards the right to education of the refugees, there is much that has to be done for the complete realization of this right.

TOPICAL ASPECTS OF DCFTA IMPLEMENTATION IN THE JUDICIAL PROCEEDINGS

The Association Agreement between the European Union and Ukraine is a new format of relations aimed at creating a deep and comprehensive free trade area (DCFTA) between Ukraine and the EU with the gradual integration of Ukraine into the internal market of the European Union. Focusing on the experience of rule-making of the EU member states, it is necessary to define and implement the legal rules and principles of the national judiciary, taking into account the rules and principles of European law (Chornomaz, 2016). In accordance with the strategy of European integration of our country, the adaptation of Ukrainian legislation is to approximate it with the modern European legal system, which will ensure the development of the political, entrepreneurial, social, cultural activity of Ukrainian citizens, economic development of the state within the EU to facilitate the increase of standards of living of the population. The implementation of the provisions of European legislation provided by the economic part of the Association Agreement (AA) is extremely important in the context of reforms, as the provisions can and should serve as a basis for a new model of socio-economic development of Ukraine. The deepening of the processes of humanization and democratization of Ukrainian society, the gradual introduction of principles and rules of European law into the national judiciary through reforms in the field of justice, inter alia, have led to qualitative updating of criminal procedure legislation of Ukraine, in particular: use of differentiated approach to legal conflicts between persons who have committed criminal offences, which do not pose a great public danger, and victims; simplification and reduction of the procedure of criminal proceedings; ensuring procedural savings; reduction of the caseload; allowing the parties of the conflict to resolve issues of exemption from criminal liability in case of reconciliation between the offender and the victim independently, the appointment of the negotiated punishment and release from serving with probation, etc. Given the specifics of the approach to improving relations with neighbouring countries on a differentiated basis, the EU seeks to identify and base on existing positive sources of sustainability, as well as to monitor and respond to weaknesses with the appropriate set of methods and resources at its disposal. The purpose of the article is to study a theoretical and practical definition of challenges of adaptation of Ukrainian legislation to the legislation of the European Union, institutional and organizational mechanisms of DCFTA implementation in the field of justice and certain norms of the current criminal procedure legislation. Ukraine is undergoing the second phase of radical reform of government structures; it has been continuing for 15 years but, unlike other countries, it is much more difficult for Ukraine to get rid of the burden of past problems. Judicial reform is also underway and domestic legislation is being significantly changed, including the transformation of the judicial proceedings. The topical issue of the development of judicial reforms is an imperfection, and sometimes a contradiction of regulations, which negatively affects the process of realization of rights and responsibilities of all subjects of public relations, slows down the development of Ukraine as a state governed by the rule of law. However, the introduction of institutions of concluding agreements, simplified proceedings, probation, and later mediation, into the criminal procedure legislation of Ukraine indicates the readiness of our state to change the concept of criminal procedure in accordance with the European standards, which will improve the situation of all parties to criminal proceedings. However, they need further completion and improvement. We are convinced that the introduction of such institutions will contribute to the legal development of society to achieve the European standards of restorative justice, which will encourage the further introduction of the latter in the legislation of Ukraine, resolving criminal conflicts by reaching a compromise between parties in cases specified by law. One of the ways to solve this problem in Ukraine is to regulate the process of adoption of regulations by the subjects of rule-making and taking into account the provision that legality as an objective property of law, in general, is the necessary condition and the main principle of the rule-making process.

The Role of the Sociocultural Environment of Inclusion in the Modern Educational Institution

The article presents a consideration of the peculiarities of the organization of the socio-cultural environment of inclusion in a modern educational institution. The new conceptual foundations of social order, as stated in the UN Declaration on Social Development, are the ability of modern society to develop on the basis of tolerance, tolerance, condemnation of discrimination, respect for human diversity, equality of opportunity, solidarity and security. It is noted that the basis of such integration is the concept of a holistic approach, which opens the way to the realization of rights and opportunities for everyone and, above all, provides equal access to quality education. It is emphasized that the principle of accessibility, which is leading in the holistic approach of modern social policy and is formulated on the basis of respect for human rights. The aim of the article is to reveal the content of the socio-cultural environment of inclusion in a modern educational institution. The socio-cultural environment of inclusion in a modern educational institution is analyzed. Analysis of the definitions of socio-cultural environment allowed to form our own definition of the phenomenon for people with disabilities: socio-cultural environment - is the environment of people in the educational institution, including social groups, information flows, the influence of various public organizations, cultural and educational activities; jointly influence the change and formation of internal attitudes and external characteristics of the object and its socialization. The peculiarities of the socio-cultural environment of inclusion in a modern educational institution are determined. A model of the socio-cultural environment of an educational institution for a person with a disability has been developed and represented, which includes external and internal factors influencing its components, contribution flows and products.

Approbation of Results Obtained During Interview: Research of Possibilities for Exercising the Rights of Political Oppositions in Lithuanian Self-Government

Analysing the problematic aspects of the legal regulation of local self-government of the Republic of Lithuania related to the realisation of the rights provided for the minority (opposition) of the municipal council in the Law on Local Self-Government and other legal acts, the following empirical research was performed. During the research, the method of interviews was used in order to identify, as precisely as possible, the problems of the realisation of the rights of political minorities (opposition) in the whole Lithuanian municipality. It is the interview method that was chosen to ensure the interaction between the researcher and the respondent, which enables to obtain the widest and deepest possible information in identifying practical problems and also allows to collect the detailed data needed to solve the identified problems. The interview focused on the target group of respondents from many different Lithuanian municipalities who are fully acquainted with the practical aspects of the realisation of the minority rights of the council. All respondents are current or former opposition members of municipal councils. With the aim of maximising practical benefits, as many as thirty respondents were interviewed in this research. Keywords: local self-government, political minority’s rights, opposition.

The rule of law as a leading principle of administrative judiciary

The article analyzes the essence and content of the principle of the rule of law as the leading principle of administrative proceedings. The normative consolidation of the principle of the rule of law in Ukraine testifies to the harmonization of the national legal system with the European legal doctrine. Attention is drawn to the etymology of the rule of law , it’s and noted the lack of clear, accurate and single scientific expression and the existence of a unanimous doctrinal position to clarify its essence. The meaning of the concept of « rule of law » is studied on the basis of the provisions of encyclopedic literature, where it’s ed emphasis is on the rule of law in the state, and the priority of human rights. The scientific positions on understanding the principle of the rule of law in administrative proceedings are analyzed. It is noted that the comprehensive implementation of the rule of law in practice is ensured in numerous court sentences made by domestic administrative courts in view of the provisions and case law of the European Court of Human Rights. It is proved that for administrative proceedings the main element of the principle of the rule of law is the responsibility of the state to carry out its activities, identify ways of further development in accordance with the priority of human rights and freedoms and provide guarantees for their implementation. It is established that the activity of state institutions should be subordinated to the needs of realization and protection of human rights. It is argued that in modern conditions the main functions of the administrative court should be law enforcement and human rights, and its main tasks are to ensure the realization of rights, freedoms and legitimate interests of a person and a citizen, protection and restoration of violated rights. It is substantiated that a person, his rights and interests become the main objects of protection, and the task of the administrative court is to protect human and civil rights in case of violation by executive authorities, local governments, their officials and officials. It is determined that the principle of the rule of law is a set of principles, provisions, ideas and requirements based on the natural rights of the individual and his autonomy in relation to the state. The implementation of these requirements should be reflected in the activities of all branches of government, including the judiciary.