Rights Of Persons Research Articles

Права индивида в сфере информации: современные реалии, риски и вызовы

The article considers the certain aspects of the realization of information rights of the individual in the conditions of digital transformation of society. The author focuses on the problems of global degradation of information reliability, the risks of arbitrary handling of information, its modification and construction, free accumulation, as well as their causes and consequences. Free circulation of false information leads to a decrease in the level of social trust and individual, public safety, infringement of the rights and legitimate interests of the individual. The author is convinced that when realizing information rights, one should proceed not only from the principle of individual freedom, but also from the principle of reliability of information, respect for the rights of other persons, protection of public and state interests. The introduction and application of protection mechanisms against information of certain content should be justified by the nature and scale of threats and the legal recognition of this or that information as malicious. In the conclusion the author suggests the need for legal consolidation of the principle of reliability of information and the introduction of the individual’s right to reliable information on the basis of a holistic socio-legal concept of regulating relations in the field of information.

Lost in translation: Implementation of the right to a translator through the use of machine translators in the light of EU and Polish Law

Both national and EU law provide for the right of an accused person to receive essential procedural documents in a language they understand and to participate in the proceedings in the presence of an interpreter. The need to implement these procedural guarantees raises several problems, such as the limited availability of interpreters and the cost to the State. This prompts the search for other solutions to implement the indicated individual rights. This article aims to answer the question of the admissibility and legitimacy of using machine translators to implement the right to an interpreter for defendants in criminal proceedings, and to indicate the opportunities and risks associated with the use of AI-based systems in this regard. The article presents the result of a linguistic, systematic and purposive interpretation of the relevant provisions of national laws and the provisions of Directive 2010/64/EU. Formal-dogmatic and statistical methods were used. The results of research into the quality of machine translations and statistics on the costs of translations are presented. The results support the recognition of the admissibility and legitimacy of the use of machine translators in criminal proceedings in order to implement the indicated rights. The text presents possible ways of applying these solutions in judicial practice and formulates a demand to the Ministry of Justice to begin work on the programme without delay. However, currently, both law enforcement and justice authorities can use publicly available machine translation software.

Awareness and Knowledge of HIV in the Workplace Policy Among Employees, Employers, and Decision-makers in Akwa Ibom State, Nigeria

Human Immunodeficiency Virus (HIV) anti-stigma and discrimination policies are aimed at protecting the rights of persons living with HIV (PLHIV). In response to the stigma and discrimination experienced by PLHIV in the state, Akwa Ibom State, like many states in Nigeria, enacted the HIV in the Workplace policy (HIV_WPP). Despite its adoption, many PLHIV still experience stigma and discrimination in workplaces in the state. This study was undertaken to assess the level of awareness and knowledge of the HIV_WPP and related organizational policies in Akwa Ibom State across the private and public sectors. A cross-sectional study using a mixed methods approach was conducted for 591 consecutively recruited employees and 43 employers/ decision-makers across 23 organizations in the State. Data was collected from October 2022 to February 2023. Results were analyzed using SPSS 15.1 for quantitative and NVivo 10 for qualitative data. The study showed that 464 (78.5%) employees and 42 (95.3%) of employers/decision-makers, were unaware of the Akwa Ibom State HIV in the workplace policy (AKS_HIV_WPP). Also, 560 (94.8%) employees had poor knowledge of this policy. A larger proportion of respondents knew more about their organizational policies than the AKS_HIV_WPP. Older respondents (41.1% versus 37.5%, p=0.026) had significantly higher levels of knowledge of the policy. Three hundred and twenty-four (45.2%) respondents had good knowledge of their organizational policies. The awareness and knowledge of the AKS_HIV_WPP was suboptimal. It is recommended that relevant state agencies create awareness of the AKS_HIV_WPP in all public and private organizations through public-private collaboration.

Social Media Use in Primary and Secondary Education Institutions as a Communication Tool in the Framework of School Culture

The schools, as social institutions, form a unique school culture with their characteristics, shared values, and beliefs. The social foundations of education are closely related to the environment. One of the factors affecting school culture is communication with its environment as the school interacts with its environment. Schools realize institutional communication, which has an important place in their culture, through different tools. This study aims to determine the use of social media tools as a communication tool in primary and secondary education institutions within the framework of school culture. In the study, the use of social media tools in educational institutions was revealed in line with the opinions of school social media managers. Conducted with a case study approach by qualitative research methodology, the study group of the research was determined by maximum diversity sampling from purposeful sampling methods. The interviews were conducted with the participation of 18 school social media managers working in public schools at different levels and with different socioeconomic levels in Istanbul. Social media managers are teachers, and 15 of these teachers also have administrative duties (1 is a school principal, and 14 are vice principals) in the same school. The data were collected through a semi-structured interview form and analyzed using a content analysis approach. The results of the study revealed that schools prefer Instagram more frequently and that school social media managers use their social media accounts for sharing information and news and promoting the school. The ethical principles followed by schools in social media administration were collected in the categories of respecting personal rights and private life, sharing content related to the institution, compliance with the legislation, the posts reflecting the values, being shared with the decision of the commission, using Turkish correctly, and student and parent satisfaction. The participants stated that they strive to establish two-way communication with their followers in their social media accounts and that social media contributes to their organizations more frequently in terms of usefulness, advertising and promotion, and stakeholder satisfaction.

REALIZATION OF THE RIGHT TO INFORMATION ABOUT THE HEALTH STATUS OF THE FUTURE SPOUSE

In the context of the dispositivity of the norms of family law, which enshrine the right of future spouses to undergo a medical examination before marriage registration, law enforcement practice is being formed, which makes it difficult to implement this rule of law. The reason is the absence of authorized entities who are obliged to inform about this right and the procedure for passing a medical examination. The purpose of the article is to identify contradictions in the practice of applying the norms of family law on medical examination of persons entering into marriage and to develop proposals to eliminate them. The subject of the study is the institute of personal rights and freedoms of spouses, which includes a dispositive rule on the right of future spouses to undergo a medical examination. The result of the study is proposals for amendments to family law and legislation in the field of health protection. The novelty of the research lies in the generalization of the practice of legal support for medical examination of persons entering into marriage. Based on foreign and Russian experience, the opinions of the expert community, proposals for amendments to the family legislation of the Russian Federation are formulated. For the science of family law, the article is of interest, since expert positions on key problematic aspects of medical examination are summarized, and the author's point of view on the need to replace the dispositive norm with an imperative norm is substantiated. The component of scientific novelty is the author's assessment of foreign experience in regulating legal norms, based on the belonging of states to the Romano-German or Anglo-Saxon legal systems.

DISCRIMINATION IN THE FIELD OF LABOR AND OBLIGATIONS OF THE PARTIES TO LABOR AND DIRECTLY RELATED RELATIONS

The purpose of the article is to analyze the current legislation in order to determine the ratio of generally recognized principles of labor law and the obligations of the parties to labor relations, including the obligation of the state to ensure protection against unemployment. The authors analyzed the norms of the Labor Code of the Republic of Kazakhstan concerning the duties of employers and employees of the guiding party, the norms of the Social Code of the Republic of Kazakhstan in relation to some issues of legal regulation of unemployment. As a result of the analysis of the current labor and related legislation, the authors came to the conclusion that some norms of the Labor Code of the Republic of Kazakhstan, as well as the new Social Code of the Republic of Kazakhstan, are discriminatory. In particular, the legal status of employees and employees of the sending party in the Labor Code of the Republic of Kazakhstan varies, especially regarding the duties of employees of the sending party. Thus, a number of signs were identified that make it possible to conclude that despite the lack of equal rights and opportunities for employees of the sending party in comparison with ordinary employees engaged in labor activities under the employment contract, the obligations of the above-mentioned parties to labor relations coincide. In some cases, some duties inherent in ordinary workers are unnecessarily imputed to the employees of the guiding party. As an example, the obligation of the employee of the sending party to compensate for material damage to the employer in case of violation of the non-competition condition is given. In addition, the analysis of some norms of the Social Code of the Republic of Kazakhstan concerning the legal regulation of unemployment made it possible to determine the trends of discrimination against individuals. Thus, clause 6, paragraph 3, article 99 of the Social Code of the Republic of Kazakhstan limits the right of convicted persons in protection against unemployment by the state. The authors point to the need to revise some of the current legislation in order to exclude discrimination in the workplace.

Let them talk and we listen: what are diseases of neglected people?

This article is a reflection from a person with lived experience of leprosy, who has been working as a global advocate and champion for the rights of persons affected by neglected tropical diseases for the last decade. Synthesising learning from the collection of pieces included within this special supplement that are written from the perspective of people affected by neglected tropical diseases, I argue that it is time to centre the lived experiences of people affected by neglected tropical diseases. These are diseases of neglected people, and it is now time to let them talk while we listen.

Problematyka naruszania dóbr osobistych małoletniego poprzez udostępnianie jego wizerunku w Internecie

The violation of the personal rights of minors by their parents or legal guardians in the context of the publication of their image in the Internet space is a social problem which, according to the authors, requires special attention and thorough analysis. Many parents are unaware of the consequences of publishing their children’s image online, which may lead to potential threats to their privacy, safety and reputation. In this study, the authors undertook to discuss the problem of violation of personal rights of minors by their parents or legal guardians who publish their image on the Internet without their consent. The text is an attempt to find an answer to the key question nowadays: Do current legal regulations adequately protect minors from infringement of personal rights by making their image available on the Internet?. A legal-dogmatic and legal-comparative analysis of found data will be used to answer this question and to prove the posed thesis. The thesis that minors, on the grounds of the Civil Code and the Code of Civil Procedure, have the right to pursue claims against parents who have published their image on the Internet without their consent, is confronted with the existing jurisprudence and national laws, which constitute an introduction to the consideration and comprehensive discussion of the title issue.

The concept and legal nature of personal non-property rights of the wife in the doctrine of family law

In the scientific article, the author conducted a scientific study of the concept and legal nature of personal non-property rights of spouses. On the basis of the conducted research, the author came to the conclusion that the personal non-property rights of spouses in the family law doctrine are considered as: subjective family rights, as those opportunities, those powers that are defined by family legislation or other sources of family law, arise in connection with state registration of marriage and can be exercised by the spouses or one of them as the bearer of these rights; how relations regarding personal non- property goods and interests of married persons are regulated by the norms of family law; complex – as subjective family rights and as legal relations that arise in connection with the realization of these rights; in the civil legal context, as a manifestation of personal non-property rights of spouses. The article also concluded that the characteristics of personal non-property rights of spouses as family rights are that they arise from the fact of involvement in family relations, as well as determination by family law or other sources of family law. Special features of personal non-property rights precisely as the rights of spouses are their intangible, long-term nature, their existence as long as a woman or a man has the legal status of a spouse, that is, during the existence of a marriage; inalienability; the basis for their occurrence is the state registration of marriage, termination - its termination; the fact of joint or separate residence, as well as the fact that the spouses establish a regime of separate residence of the spouses, do not cause a change or termination of the specified rights, but may lead to changes in the procedure for exercising these rights by one of the spouses; their carriers are only spouses; the exercise of these rights is possible subject to agreement with the other spouse and taking into account the interests of the family as a whole; connection with customs, traditions, moral norms; their inexhaustibility by those rights defined in family legislation; the rights of one spouse correspond to the obligation of the other to refrain from violating them (they are relative in nature).

Legal nature of marital relations: theory and practice

The family is the primary and main center of society. The family is the main institution of society. In turn, the institution of the family includes many more private institutions, namely the institution of marriage, the institution of kinship, the institution of motherhood and fatherhood, the institution of property, the institution of social protection of childhood and guardianship, and others.
 Marriage is an institution that regulates the relationship between a man and a woman. It is marriage in human society that is considered the only acceptable, socially approved and legally established form.
 Marriage is the family union of a woman and a man, registered in the state registry of civil status acts. Persons who have reached marriageable age have the right to marry. Marriage is based on the free consent of a woman and a man.
 The religious rite of marriage takes place now everywhere in Ukraine. The spiritual majesty of the temple or even the smallest church with church singing, crowns on the heads of the bride and groom, kind parting words of the priest - all this makes the wedding an unforgettable event in life. However, the religious rite of marriage has no legal significance. The religious rite of marriage, as before, does not create the rights and obligations of a spouse, remaining a personal matter of a woman and a man. Persons who, after the wedding, live together without registering a marriage have the status of a family, but do not have the legal status of spouses.
 Legal regulation of family relations is the main task of the Family Code of Ukraine, which defines the principles of marriage, personal non-property and property rights and obligations of spouses, the grounds for their origin, the content of personal non-property and property rights and obligations of parents and children, adopters and adoptees, other members family and relatives.
 Family relations are regulated by the Family Code of Ukraine with the aim of strengthening the family as a social institution and as a union of specific persons, establishing a sense of duty to parents, children and other family members, building family relations on the basis of parity, on feelings of mutual love and respect, mutual help and support, providing each child with family upbringing, the possibility of spiritual and physical development.
 A marriage is terminated as a result of its dissolution by joint application of the spouses or one of them. A marriage is terminated as a result of its dissolution by a joint application of the spouses on the basis of a court decision. A marriage is terminated as a result of its dissolution at the request of one of the spouses on the basis of a court decision in accordance with the Family Code of Ukraine.

The Image and Appearance of a Citizen as Objects of Civil Rights: The Relationship of Concepts

Introduction: the scientific paper solves the problem of the correlation of categories of appearance and image of a citizen as objects of civil rights. The author has established the interrelation and interdependence of the appearance and image of a citizen, as well as the identity and features of these intangible benefits, which are objects of relevant personal non-property rights, allowing solving the problem of establishing the legal regime of these objects. The analysis of the positions of representatives of the scientific community on the assessment of the independent legal nature of the image of a citizen in the context of its relationship with the appearance is carried out. It is stated that there is no unified approach to assessing the relationship between the right to image and the right to appearance; there is no unified approach to determining the object mediating these personal non-property rights. The purpose of the work is to solve the problem of the correlation of the legal categories of appearance and image as objects of civil rights by identifying the criteria for their differentiation, substantiating their independent nature based on the established features. Methods: the purpose of the study has determined the use of the dialectical method of scientific cognition in the analysis of the problem of interest, in its entirety using the methods of analysis and synthesis. Results: based on the studied scientific positions, as well as the provisions of the legislation, the different legal nature of the categories of appearance and image as objects of civil rights is established. The criteria allowing distinguishing the specified objects are revealed. The results of the study will serve as a basis for further doctrinal research of these related phenomena of private law science. Conclusions: based on the revealed differences, it is justified that appearance and image are different objects of civil rights. The citizen’s right to the inviolability of the image and the right to appearance are not in a relationship of subordination, and one right does not condition the other, and these rights have an independent legal nature from each other, which is expressed in the special objects of legal protection, the specifics of the focus of protection of these rights and various legal regimes for the protection of these rights. The concept of the image of a citizen as an object of civil rights is formulated.

From Crisis to Control: Amidst and Postpandemic Data Protection Concerns in Singapore and Vietnam through the Lens of Techno-Solutionism and Efficient Violation of Privacy Rights

Abstract The success of Singapore with swift digital contact-tracing strategies inspired Vietnam to adopt similar measures, which both have raised concerns about balancing public health goals with personal data privacy. These approaches suggest a trend toward increased surveillance, citizen involvement in pandemic response, and enhanced government digitalization in everyday life postpandemic. This article examines the approaches of Singapore and Vietnam to data governance in the public sector during the COVID-19 pandemic, using the theories of techno-solutionism and the efficiency breach to assess how each country perceived and handled privacy rights during the crisis. The findings show that despite differing data governance approaches, both nations face similar challenges in balancing public interests and personal rights. This balance is particularly crucial in their pursuit of Pareto optimality in data protection laws against techno-solutionism, a key consideration in the development of smart cities or nations in the postpandemic era.

Issues of Protection of the Rights of Citizens in Criminal Cases of Private Prosecution at the Stage of Initiation of Criminal Proceedings

The article is devoted to the implementation of the rights of citizens in criminal cases of private prosecution at the stage of initiation of a criminal case. Based on the analysis of the norms of Articles 318, 319 of the Criminal Procedure Code of the Russian Federation, the legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, attention is drawn to the problems that arise when initiating criminal cases of private prosecution. It is noted that the procedure for initiating a criminal case of private prosecution has been generally developed, but at the same time needs further improvement. The content of the application for the initiation of a criminal case, the procedure for filing it and determining jurisdiction are sufficiently regulated by the criminal procedure law of the Russian Federation, which refers to guarantees of personal rights both in relation to the victim (private prosecutor) and the person accused of committing a crime in a private prosecution case. The article contains an analysis of the procedural procedure for initiating a criminal case by the body of inquiry and the justice of the peace and the conclusion that the justice of the peace (judge of the district (city) court) is in any case obliged to accept the statement of the victim (private prosecutor) in the case of a private prosecution and verify it only in the form of a statement. It is from the moment when the judge makes a decision to accept the application for production that the criminal case of a private prosecution should be considered initiated, while the body of inquiry has the right to make a decision on the initiation of a criminal case, having assessed the sufficiency of the grounds. According to the author, all legal procedural mechanisms in cases of private prosecution have been created by the legislator and are currently being applied by magistrates (district (city) courts).

Позитивна оцінка діяльності юридичної особи як особистої немайнової вигоди

In the article research of concept “business reputation” is carried out legal entities as participants of public relations. It is set that the row of the personal unproperty rights for legal entities, among that and right on inviolability of business reputation of legal entities, is envisaged in the article 94 of the Civil code of Ukraine. It is educed that business reputation is the personal unproperty blessing of legal entities. At the same time in the Civil code of Ukraine absent determination of concept “business reputation” legal entities, that causes a necessity to set forth such determination and offer him legislatively to fasten in the Civil code of Ukraine. It is set that the scientific association of Ukraine did not go round attention this question and offered a few variants of determination of concept “business reputation” legal entities. Supreme court of Ukraine in resolution of Plenum ВСУ from 27.02.2009 No. 1 also set forth own determination of this concept, in accordance with that business reputation is an estimation of entrepreneurial, public, professional or other activity of legal entities, that is carried out by such persons as participants of public relations. On the basis of this determination the improved variant of concept “business reputation” is offered, namely: “positive estimation of entrepreneurial, public, professional or other activity of legal entities, that is carried out by such persons as participants of public. Just the same determination of concept of business reputation it is suggested to fasten in the Civil code of Ukraine. It is wellproven that the negative estimation of activity of legal entities testifies to absence of business reputation for such legal entities. It is also set that business reputation is presumption of law, that is assumed after every legal entity. As well as any other presumption of law, a presence for the legal entity of business reputation can be refuted in the judicial order by establishment of negative estimation of activity of such legal entity.

Mapping disability and climate change knowledge base in Scopus using bibliometric analysis.

Climate change and disability are rarely addressed by academic scholars within the spectrum of disabilities and as a single field of study. However, the intersectionality of disability exacerbates the vulnerability of people with disabilities to climate change as climate change frameworks in the Global North and South continue excluding them. This study aims to map the research-based knowledge housed in Scopus on disability and climate change. At the same time, it provides insights into innovative (novelty) ways of thinking and proposes a futuristic research agenda. A bibliometric analysis was conducted on Scopus-indexed articles using VOSviewer to map co-occurrences of keywords and co-authorship, and a manual thematic-scoping review augmented the data analysis. The disability and climate change debate as a joint study evolved from concern among health practitioners to human rights and social inclusion. In conclusion, there is a skewness towards mental health and medical sociology lens, while other sub-groups of persons with disabilities are yet to be engaged in co-creating disability-inclusive climate change knowledge. Thematic areas emerged as gaps that future studies embed principles enshrined in the United Nations Convention for the Rights of Persons with Disabilities and the Sustainable Development Goals.

Women Empowerment through Entrepreneurship: A case study of Dalla Gaaun home stay

In countries like Nepal women are confined with the four walls of their homes. In ethnic community of rural area women are deprived from social, economical, political and personal rights. Women entrepreneurship is one of the many tools to empower not only economically but also personally, socially and politically. This study was conducted in one of the least developed district of Nepal, Bardiya. Study was focused on Tharu community Dalla Gaaun Home stay. Study was conducted in November (5-7) 2020 for three days. These home stays are operated by Tharu community which is indigenous community of Nepal. Researchers used number of tools to collect the data of population. Unstructured questionnaire were also prepared for the evidence and were filled by closely observing the respondents. Entrepreneurship really empowered the women of Dalla Gaaun home stay economically, personally, socially and politically.

Intellectual property rights in international and Russian investment law

The investment activity is diverse and can be carried out with the use of intellectual property rights in accordance with the current international and Russian investment law. The article aims to identify the specifics of the application of intellectual property rights as investments and the implementation of intellectual investments, i.e. investments endowed into intellectual property rights. The objectives of the study are to consider the categories of an investment and object of investment activity, intellectual property, exclusive and other intellectual rights, as well as to analyze and determine the features of legal regulation of the activity in question at the international and national levels in the Russian Federation. Based on the results of the systematic analysis with the use of formal legal, comparative and other research methods, it is concluded that investments as a property in a broad sense may include both exclusive and other non-personal intellectual property rights to the results of intellectual activity and equated means of individualization of goods, works, services and enterprises. At the same time, they exclude intellectual property itself as a set of various types of intangible products, moral and other personal non-proprietary intellectual rights by virtue of their inalienable and non-transferable character. It is argued to be the same with respect to the object of investment activity, i.e. the property which the investment is endowed in and is capable to bring income to the investor in the future. Investments into such intellectual property rights can be called as intellectual investments.The legal regulation of investment activity with the use of intellectual property rights has a dual character (in the sense that it is carried out by different investment legislative acts with the similar subject of their regulation) and depends on the type of a particular object used. If intellectual property rights are invested in fixed capital, then they are to be recognized as capital investments and are governed by the Federal Law of February 25,1999 No. 39-FZ “On Investment Activity in the Russian Federation Carried out in the Form of Capital Investments”. If intellectual property rights are used as the object of investment activity, i.e. where investments are endowed in, such intellectual investments are subject to the regulation by the Law of the RSFSR of June 26, 1991 No. 1488-1 “On Investment Activity in the RSFSR”.

Features of compensation and types of moral damages in Italy

In this article, an analysis of the norms of the current Italian legislation, which determines the grounds and procedure for compensation of moral damage, is carried out for the completeness of the regulation of social relations arising from the reasons for compensation of moral damage, as well as some problems that arise in judicial practice in the compensation of moral damage are considered. Taking this into account, the concept of moral damage was considered and its relationship with types of damage was analyzed, the procedure for applying various regulatory acts, the mechanism for regulating the compensation of moral damage, shortcomings and opportunities for improvement of this mechanism were analyzed; the available criteria for determining the amount of monetary compensation, the composition of persons who have the right to demand the protection of violated civil rights through compensation are evaluated.
 The subject of research in this article is the consideration of the causes of the emergence of the legal construction of compensation for moral damage, the study of the evolution of the mechanism of legal regulation of compensation for moral damage in Italy. The relevance of the study is due to the importance of studying the peculiarities of the regulation of the civil legal mechanism of the institution of compensation for moral damage and the need to systematize views on the understanding of the development of the mechanism of legal regulation of the institution of compensation. It is also necessary to note the importance of conducting a comparative analysis of moral damage compensation as a way of protecting civil rights. Several formulations of the concept of moral damage are named, a lot of attention is paid to the problems of defining this concept, conditions of responsibility for causing damage.
 The author notes that the experience of compensating moral damages in Italy can be useful to take into account when developing the legal regulation of Ukraine. The principle of compensation for moral damage reflects the recognition of the fact that the violation of rights can cause not only material damage, but also damage to the psychological well-being and dignity of the victim. Italian law allows persons who have suffered non- pecuniary damage to seek compensation from the person who caused such damage. Compensation for moral damage includes not only financial compensation, but also recognition of the violation of rights and public correction.
 Ukraine also has legislation regulating the compensation of moral damages, but the positive experience of Italy can be taken into account for its further improvement. For example, a possible perspective is the expansion of the categories of cases when compensation can be provided, as well as the clarification of the criteria for determining the amount of compensation. However, before implementing any changes in Ukrainian legislation, it is important to carefully study and adapt Italy's experience to the specific needs and peculiarities of Ukrainian society and the legal system. It is also necessary to ensure a high level of protection of the rights of persons who have suffered moral damage, and to ensure the implementation of compensation claims in a practical way.

Bodies of the State Criminal Enforcement Service of Ukraine in the system of entities protecting the rights, freedoms and legitimate interests of citizens

The article examines the bodies of the State Criminal Enforcement Service of Ukraine in the system of entities protecting the rights, freedoms and legitimate interests of citizens based on a comprehensive systemic analysis of current legislation.
 The object of the study is the legal relations formed during the implementation of the State Criminal Enforcement Service of Ukraine in the context of protection of the rights, freedoms and legitimate interests of citizens. The subject is normative-legal acts regulating the activities of the bodies and institutions of the DKVS in the field of protection of rights and freedoms of persons who are in places of deprivation of liberty, as well as the practice of their application. The methodological basis consists of methods: formal and logical analysis of the conceptual apparatus; system analysis; comparative legal analysis - to identify gaps in the legal regulation of the activities of the DKVS. It is noted that personal dignity and personal inviolability, not being the objects of criminal punishment, are actually limited when the deprivation of liberty is carried out, but these issues are not sufficiently reflected in the legislation. Such a situation does not correspond to the spirit and requirements of the rule of law. The functions of the State Criminal Enforcement Service of Ukraine are considered. It is indicated that in the legal institution of restrictions on the rights of persons serving sentences in correctional institutions, there are no necessary logical transitions from the norms of international and constitutional law to the norms of the criminal-legal complex, and within its limits from the norms of criminal law to criminal-executive law. The activity of the DKVS of the Ministry of Justice of Ukraine serves the main purpose - the execution of criminal punishments, and its most important functions are related and based on the implementation of the main means of dealing with offenders, such as regime, work, education. The effectiveness of the mentioned activity directly depends on ensuring the rights, freedoms and legitimate interests of persons who are in the sphere of activity of the DKVS.

Digitalization of the right to medical assistance: a comparative aspect

The article examines how to reflect the impact of digitalization on obtaining personal rights to medical care in Ukraine and the countries of the European Union. In particular, a really comparative analysis of the implementation of this right in domestic and foreign legislation. The positive impact on the process of digitalization of services in the field of health care is substantiated.
 The need for further implementation of digitized services in the field of health care to ensure the right to medical care of a person has been proven, providing a historical analysis of the positive impact. A significant example of a positive impact was the possibility of realizing a certain right in the conditions of martial law, where Ukraine is a unique example, despite military aggression, through the public digitalization of management, in particular in the field of health care.
 The statistics of the impact of digitization of medical services on the level of public health support in the countries of the European Medical Union, as well as the attitude of Europeans to the digitization of services, were analyzed. It has been established that it is still a relevant problem for both citizens of Ukraine and citizens of European countries, to weaken the realization of this right, given the impossibility of making an online appointment with a doctor, conducting an online consultation, taking into account the issue of relevant devices or funds. Protest is predominant among global citizen engagement, after digitized health services, is a convenient tool in today's world.
 Special attention is paid to the unique experience of Ukraine in the development of the digitalization of the right to medical assistance of a person in the conditions of martial law, despite active military aggression, because in these conditions the positive and negative aspects of this legal and social phenomenon are particularly clearly reflected.