Citizenship Rights Research Articles

THE ADMINISTRATIVE JUSTICE OF THE REPUBLIC OF KAZAKHSTAN AS AN INSTRUMENT AND SUPPORT OF THE HEARING STATE

As we know, administrative justice is a kind of legal institution of judicial protection necessary to restore violated subjective rights, freedoms of citizens, legitimate interests of legal entities and other organizations by monitoring compliance with the law-abiding state in the public administration system, a special procedure for consideration and resolution of administrative and legal disputes arising from managerial relations. Administrative justice is aimed at ensuring the adoption of legally sound, timely, fair and understandable decisions in cases concerning the rights of people. Administrative justice ensures the rights of citizens in the administrative process. Finally, administrative justice has a great impact on the quality of public services and fair treatment of citizens. The process of making administrative decisions, there is a balance between issues of efficiency, regularity and the mechanical application of existing rules. Of course, the improvement of any social system is a necessary and sufficient condition for the existence and functioning of the system by itself. In general, the entire justice system is increasingly revealing the failure of efforts to protect the law-abiding state on the previous regulatory and organizational basis, legislative acts adopted in recent years in the legal field.

Konsep dan Urgensi Konstitusi dalam Kehidupan Berbangsa dan Bernegara

Indonesia is known as a state of law, as stated in its constitution. This shows that state administration in Indonesia is not solely based on power. A state cannot be formed without a constitution. The constitution is an essential element in the constitutional structure that must exist and cannot be separated. The function of the constitution is to regulate government power so as not to exceed its limits, in order to protect the rights of citizens. The method used in this research is a library research method sourced from journals. The results and conclusions of this study are the reasons for the need for a constitution in the life of the nation and state, historical, sociological, and political sources of the constitution in the life of the nation and state in Indonesia, arguments about the dynamics and challenges of the constitution in the life of the nation and state in Indonesia, the essence and urgency of the constitution in the life of the nation and state, conclusions about the constitution, civic practice.

Features of guaranteeing the rights and freedoms of the citizens of Ukraine under the conditions of the state of martial

The article analyzes the problem of guaranteeing the rights and freedoms of Ukrainian citizens under the conditions of martial law. It has been established that in the period of war, legal guarantees and legal mechanisms are particularly significant in ensuring the entire complex of fundamental human rights. It is noted that human rights are concepts used both to denote a specific list of legislative provisions or international standards, and to determine the status of a specific individual in society. It was found that the guarantees of human and citizen rights should be understood as a system of socio-economic, moral, political, legal conditions, means and methods that ensure their actual implementation, protection and reliable protection. It was established that martial law is a special legal regime introduced in Ukraine or in some of its localities in the event of armed aggression or threat of attack, danger to the state independence of Ukraine, its territorial integrity, and provides for the provision of appropriate state authorities, military command, military administrations and to local selfgovernment bodies, the powers necessary to avert the threat, repulse armed aggression and ensure national security, eliminate the threat of danger to the state independence of Ukraine, its territorial integrity, as well as temporary, due to the threat, restriction of the constitutional rights and freedoms of a person and a citizen and the rights and legitimate interests of legal persons with an indication of the period of validity of these restrictions.It was found that the introduction of martial law in Ukraine makes it much more difficult for the state to ensure the rights of citizens in the conditions of the objective necessity of their partial restriction. After all, such a restriction involves a legislative narrowing of the content and scope of human rights and freedoms, as well as factors that make their realization impossible or difficult. It was emphasized that in the current difficult conditions of martial law, the priority for Ukraine is the safety of its citizens and the restoration of the territorial integrity of the state. At the same time, an important task of the state remains the improvement of activities related to the establishment and provision of human and citizen rights and freedoms.

Poverty Governance in the Delegated Welfare State: Privatization, Commodification, and the U.S. Health Care Safety Net

Abstract Due to forces of retrenchment and fiscal austerity in the contemporary U.S. welfare state, the federal government has increasingly delegated the funding of public programs to private entities. How does privatization influence the way marginalized populations experience the social safety net? To develop insights on delegated poverty governance, this study examines a longstanding public-private program—Federally Qualified Health Centers (FQHCs)—which comprise a nationwide network of clinics serving over thirty million predominantly low-income patients in medically underserved areas. I conducted a case study drawing on in-depth interviews with patients and staff in a small-town FQHC in the Rust Belt. Unlike other social welfare programs, I found a pronounced absence of stigma associated with the FQHC, largely due to features of the delegated policy design, the blended institutional setting, and strategic organizational decisions. However, low-income patients were also unaware of their rights to treatment when encountering paternalistic enforcement of overdue billing rules, which resulted in delayed or foregone health care. Due to underlying tensions surrounding commodification, I argue that privatization of the safety net may quell the stigma of government programs among the poor while simultaneously disentitling individuals from their rights of social citizenship.

Exploring the Concept of Unsafe Antisocial Behavior among Motor Vehicle Drivers: A Qualitative Study

Background: Previous analyses have revealed that the human factor is significant in causing traffic accidents. Antisocial driving behaviors have led to a phenomenon called driving violence, which poses a significant risk to other road users. Accordingly, this study aimed to explore the concept of antisocial driving behavior and its various types. Methods: This qualitative study was carried out using a content analysis approach and involved 12 participants selected through the purposive sampling method. In-depth semi-structured interviews were conducted from June to September 2019 in Tehran, Iran. Data were analyzed using Graneheim’s approach. Results: The study identified a total of 419 primary codes, 10 subcategories, and 5 main categories including culture, violation of laws, reduced traffic safety, reduced social welfare, and risk-taking behaviors. Conclusion: Antisocial behaviors in driving are context-based and pose a potential risk to other road users. They often violate citizenship rights and driving laws while being related to the prevailing culture of the community. Therefore, appropriate interventions and policies should be adopted to reduce these behaviors.

Labor rights of citizens as a subject of prosecutorial supervision: a historical excursion

The article discusses current issues of the genesis of prosecutorial supervision over the observance of labor rights of citizens in the world in general and in Russia in particular until the twentieth century. The purpose of the work is to understand the stages and determinants of the development of this method of protecting the labor rights of citizens. As a result, the author comes to the conclusion that there is a dependence of the forms and methods of protecting the rights of workers by the prosecutor on the development of the legal understanding of the employee’s labor status and changes in the regulation of the activities of the prosecutor’s office, related both to the establishment of the place of the prosecutor’s office in the system of protection of labor rights and to changes in procedural legislation in the specified area. The results of the work are of scientific importance because they allow us to streamline knowledge about the application of state legal measures to protect the rights of workers, and are also significant for the development in the future of a system for effective protection of the labor rights of citizens by government agencies.

Reanalysing Ireland’s Exit from the Commonwealth 1948–49: The Brexit Isles’ Alter Ego?

ABSTRACT This article reexplores Ireland’s final exit from the Commonwealth in 1948–49, deploying Brexit as a comparative heuristic and organising device. The existing literature has stressed both Ireland’s symbolic motives in fully breaking with the Crown and how it retained many the advantages of Commonwealth membership whilst avoiding its obligations. It is true that, at least from the later 1930s, Ireland was more akin to an associate as opposed to a full Commonwealth member and that both significant support for the Irish position from Commonwealth members with large Irish diaspora populations and decentralisation in the Commonwealth itself made for a relatively hospitable negotiating environment. Nevertheless, the Brexit comparison helps highlights the considerable trade and citizenship links, including with the UK, which were linked to Commonwealth association and which secession thereby put at risk. It similarly highlights the price Ireland paid for its exit including a public commitment to make reciprocal citizenship rights generally available to all Commonwealth members, a strengthening of Northern Ireland’s links with Great Britain and a loss of participation rights in key Commonwealth preference, Sterling Area and related fora. The ultimately rather limited significance of that price may relate more to a subsequent fundamental refocusing of both Irish and UK geographic priorities towards Europe in subsequent decades.

The Malaysian Social Contract: A Historical Perspective

This paper delves into the concept of social contract, a framework rooted in the diverse theories pioneered by Western philosophers, to expound on the unique facets of the Malaysian social contract. This concept elucidates different forms of agreement between the people and the ruler in establishing an organised society. Unique and central to Malaysia, this contract involves traditional elements integral to the Malay establishment, encompassing Islam, the Malay language, the special position of the natives and the institution of Malay rulers in addition to citizenship rights for qualified individuals. To comprehend the distinctiveness of the Malaysian social contract, it is imperative to explore its historical context, tracing back the compromise forged among the inter-ethnic groups towards the independence of the Federation of Malaya. This historical narrative reveals that the post-World War II is Malaysia’s state of nature. However, the Malaysian social contract extends beyond understanding and consensus of inter-ethnic groups namely the Malays and the non-Malays. It also incorporates the agreement between the populace as a whole and the sovereign Malay rulers. Enshrined in the Federal Constitution, traditional elements and balancing provisions ensure compliance with the mutually agreed-upon social contract for both the Malays and the non-Malays.

Coalitions of care: Strategies for expanding substantive urban citizenship in U.S cities during the COVID-19 pandemic

In this paper we investigate and analyze the elevation of localized practices of migrant belonging, social inclusion and refuge in U.S. cities during the COVID-19 pandemic using the lens of citizenship rights and evolution as proposed by T.H. Marshall. While Marshall's focus was national, we argue that this framework can be adjusted to analyze practices of substantive urban citizenship. Our study draws on interviews conducted during 2021 with local government officials as well as leaders of local immigrant-serving NGOs in 16 U.S. cities. We analyze the successes and failures of local governments as well as civil society organizations in treating migrants within their jurisdictions as ‘citizens’ who belong regardless of their legal status. We pay particular attention to the inter- and multiscalar practices of local, state, and national politics and policies in responding to the immediate needs of non-citizen migrants. The study concludes that Marshall's model has merit but the order he proposed is switched, so that social citizenship is prioritized. The study also emphasizes the importance of strengthening institutional coalitions, especially with migrant organizations in cities. These diverse and expanded partnerships underscore the expansion of citizenship-like practices in many jurisdictions for migrants during the pandemic.

Attitude of Public Elementary School Teachers Towards Children with Special Needs in Tangerang Regency

Education is a basic right of Indonesian citizens, including children with special needs. The presence of children with special needs in regular schools, most schools in Indonesia have provided special education services for children with special needs. This study aims to find out the tendency of public elementary school teachers' attitudes towards children with special needs in Tangerang district. This research method uses quantitative with a correlational research design. The population in this study is 40 public elementary school teachers in Tangerang Regency. This research took place in a public elementary school in the Tangerang Regency area. Virgin collection is carried out using an attitude scale. The scale of attitudes used was tested for validity through expert judgment and statistical calculations by Spearman Rho. The results of the study showed that teachers' attitudes towards children with special needs had a moderate category, namely 20 teachers (50%) with the results of the correlation between teachers' attitudes and children with special needs had a close relationship with the value (-0.189). So it can be concluded that children with special needs have a relationship with the attitude of the teacher given to the child.

ЗАБЕЗПЕЧЕННЯ ТРУДОВИХ ПРАВ ПРАЦІВНИКІВ У ПЕРІОД ДІЇ ПРАВОВОГО РЕЖИМУ ВОЄННОГО СТАНУ

The article analyzes the characteristics of ensuring the rights of employees during the period of the legal regime of martial law. It has been established that the system of guarantees for ensuring the rights of employees and citizens in the conditions of the legal regime of martial law has undergone changes in relation to a set of objective and subjective factors, which are aimed at the practical implementation of universally recognized labor rights, respectively. Attention is drawn to the fact that the current legislation of Ukraine provides for a general procedure for ensuring the labor rights of employees during the period of the legal regime of martial law. Special regulations regarding the provision of labor rights refer to labor obligation as a type of short-term labor obligation. It is noted that the normative predictability of the guarantee of the rights of persons involved in compulsory labor testifies to the consideration of the interests and rights of the person both during the period of the legal regime of martial law and after its termination, an argument in favor of the stated thesis will be the existing normatively detailed procedure for involvement in labor duty at the level of a sub-legal normative act. The signs of a special labor obligation in the form of labor obligation are singled out, namely: 1) expression through the use of socially useful works, which must be performed within the framework of the introduced labor obligation; 2) initiation by military command and/or military administrations (if they are formed) through the adoption of a decision in the form of an act of the relevant military administration or military command; 3) the decision on labor obligation must include mandatory components; 4) the acquisition of a special labor obligation is associated with the absence of an opportunity for an able-bodied person to be drafted for military service, who, due to age and health, has no restrictions to work under martial law; 5) will not apply to the legally defined categories of able-bodied persons; 6) confirmation of a specific employment obligation for a specific person is reflected in a fixed-term employment contract; 7) the person to whom the labor obligation has been applied for the duration of the work is guaranteed to retain the previous place of work (position), etc. Key words: labor rights, legal regime, limitations of labor rights, labor contract, labor obligation.

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.

Система гарантий избирательных прав как опорная юридическая конструкция механизма делегирования власти народом

The article shows that guarantees of electoral rights and the right of citizens to take part in a referendum also play the role of guarantees of the mechanism of delegation of power to elected bodies and officials, adoption of legitimate decisions at a referendum. This is the manifestation of the harmonious dualism of their legal nature that accounts for their dual purpose in a democratic law-governed state. In its second aspect, the system of guarantees of electoral rights acts as the cornerstone of the entire legitimate public government system and the fundamental legal structure of delegation of power by the people, the source of which is the people. The author offers a definition of guarantees of electoral rights and the right to take part in a referendum that is somewhat broader as compared to the one contained in the applicable laws. The paper singles out prospects of further detailed elaboration of the system of guarantees of electoral rights in the broad scope of improvement of the mechanism of delegation of power by the people.

Юридические ограничения в организации выборов и референдумов в условиях чрезвычайного положения: конституционно-правовой аспект

The article is dedicated to the study of the problem of restrictions to political rights of citizens in the state of emergency. Based on an analysis of laws on elections, referendum and the state of emergency, the author concludes that the constitutional legislator is forced to use methods of election (discretion), sufficiency of grounds (need to exclude spontaneous decisions), proportionality, detailed legal regulation (grounds for the introduction, cancellation and amendment of the state of emergency), reasonable flexibility of the legal policy and adequacy of the law enforcement practice. Extraordinary and emergency circumstances that objectively exclude any freedom of public events, debates, discussions, speeches and sharing opinions on politics and resolutions of government authorities are the only sufficient basis to introduce the state of emergency in a country or its certain territories.

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

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

Protection of housing rights of Ukrainian citizens in conditions of armed aggression of the Russian Federation against Ukraine

Protection of housing rights of Ukrainian citizens in conditions of armed aggression of the Russian Federation against Ukraine

Legal pluralism and the production of (un)certainty in lived migration orders

This article builds on three of Keebet von Benda-Beckmann’s core concepts, namely, legal pluralism, social security and relational social theory, to reflect on the place of law in lived migration orders, both in the global north and in the global south. To do this, we build on three empirical case studies from our respective fieldsites in Germany, Belgium and the DRC. These cases illustrate how ‘thinking with Keebet’s work’ not only offers useful ‘sensitizing concepts’ for the empirical study of migration law and migration studies more broadly, but also provides a much-needed conceptual vocabulary to speak to and intervene in current debates in more doctrinal legal scholarship on global migration law. With this double aim in mind, we first build on a legal pluralism perspective to show how migration governance can be better understood through the prism of ‘lived migration orders’. We then suggest rethinking state sovereignty, citizenship, and individual human rights in light of historical and newly emerging relational configurations. Finally, we suggest a new avenue for reconceptualizing migration governance beyond rights-based categorizations of migrants by paying more nuanced analytical attention to situations of uncertainty and how they contribute to social (in-)security.

Right to Sue (Citizen Law Suit) Air Pollution as an Alternative Dispute Settlement

A good and healthy environment is a human right of every Indonesian citizen. The mandate of the 1945 Constitution is not obtained by citizens as they should. The proof is that high air pollution, such as air quality in some areas, causes environmental damage. As for the negative impact of air pollution, in addition to material losses, it also causes immaterial losses in poor air quality. Facing the occurrence of environmental damage due to air pollution in the city of Jakarta, citizens have the right to sue the government as state administrators who have neglected to protect the rights of their citizens, as regulated in Article 91 paragraph (1) and (2) of Law no. 32 of 2009. The results of this study are that the Citizen Lawsuit lawsuit becomes a forum for the community if they experience losses due to pollution and environmental damage. This Citizen Lawsuit lawsuit only asks for accountability for Government policies that result in losses for citizens, such as the lawsuit filed by the Optimistic Capital Coalition on Number 374/Pdt.G/2019/Pn.Jkt.Pst which was received by the Panel of Judges in 2021.

Restorative Justice as an Effort to Fulfill the Constitutional Rights of Citizens

This study aims to determine whether the settlement of criminal cases through restorative justice is an effort to fulfill the constitutional rights of citizens. The method used in this research is normative legal research with a statutory approach and a conceptual approach. The results of the study show that the settlement of cases through restorative justice is an effort to fulfill the constitutional rights of citizens because the principle of resolving cases through restorative justice can be said to be more able to guarantee justice and equality before the law (equality before the law) as regulated in Article 27 paragraph (1), Article 28D paragraph (1) and Article 28I paragraph (2) of the 1945 Constitution of the Republic of Indonesia.

Analysis of changes in legislation on the provision of psychiatric care

Mental disorders are a serious problem in modern society. They affect millions of people around the world and have a significant impact on the quality of life and people's ability to function in a normal environment. In this regard, the issues of ensuring the rights of citizens suffering from mental disorders do not lose their relevance and require special attention from doctors, lawyers and the scientific community. There are a number of reasons for this, including: 1) an increase in the incidence of mental disorders among the population, especially among socially vulnerable groups such as refugees, orphans, victims of hostilities and natural disasters; 2) medical care for mentally ill people can be provided forcibly, and therefore requires firmly established procedural standards; 3) mentally ill people often pose a danger to both for themselves and for society, therefore, the existence of fair law-restrictive measures is necessary; 4) persons with the status of mentally ill should have guarantees of social protection and integration into society without violating personal freedom (in the case when patients are not socially dangerous). On September 1, 2024, Federal Law No. 465-FZ dated 08/04/2023 «On Amendments to the Law of the Russian Federation «On Psychiatric Care and Guarantees of Citizens' Rights in its Provision» will enter into force. This paper analyzes the adopted amendments, how they will affect law enforcement practice, whether they will create even more grounds for restricting the rights of patients in psychiatric hospitals, or are aimed at improving the legal regulation of psychiatric care.