Sphere Of Human Rights Research Articles

The European Union and Central Asian Countries’ Activities in the Field of Human Rights: Peculiarities and Directions

This research aims to identify the features and characteristics of the policies of the European Union and Central Asian countries in the sphere of human rights by examining the main vectors and elements of governance at the national and international levels. The research methodology consists of system analysis, which reviews the general situation in the field of civil rights, outlines the problems of protection activities in individual states and regions, and identifies key areas for improvement. The basic elements and components of the activity of the European Union countries in the sphere of protection of fundamental human rights are considered, and the distinctive features of this type of activity in the Central Asian countries are outlined. Positive and negative tendencies of the legal protection of human rights in separate Central Asian states as well as probable scenarios of further development of the sphere in the region are presented. The uniqueness and peculiarities of the Republic of Kazakhstan’s policy in the sphere of human rights protection as a key vector in the process of development of a democratic state are studied. Based on the results, practical recommendations are presented to improve the process of formation of the activity of the Republic in the sphere of human rights and freedoms.

Is EU democracy promotion aligned with local media perception in Central Asia? Findings from content analysis

ABSTRACT In the 2019 European Union (EU) renewed Strategy for Central Asia, the promotion of democracy in the post-soviet republics of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan is singled out as one of the key priorities. This article aims to examine whether there is an alignment between the EU self-perception on democracy promotion and its external perception in local media. The question is addressed through quantitative and qualitative content analysis of the EU key documents for Central Asia and local media outlets from 2019 to 2022, using the Nvivo software. The research findings indicate that both self- and external perceptions align in the context of the EU human rights promotion for Central Asia. Drawing upon these findings, this article argues that the EU democracy promotion endeavours are predominantly grasped in Central Asia within the sphere of human rights, while comprehension of other facets of the EU democracy promotion agenda remains intricate. Consequently, as the EU normative agenda faces ongoing scrutiny within Central Asia, it is advocated that the EU undertake a thorough reassessment of its approach in the region, aiming to foster deeper understanding and alignment with local perceptions.

INTERACTION OF THE JUDICIARY AND THE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN

The work is devoted to studying the issue of interaction between the judicial branch of government and the highest official of the President of the Republic of Kazakhstan. The areas of activity in which the judiciary and the President interact are identified. Among the important and fundamental ones, the sphere of human rights and freedoms is highlighted, in which the Court and the President, as elements that make up the mechanism of the state, closely interact with each other in providing guarantees of constitutional rights and freedoms of the individual and providing them with judicial protection. Particular attention is paid to the constitutional powers of the courts to exercise judicial control regarding the compliance of acts of the President with the Constitution and the laws of the republic, as well as the administration of justice in criminal cases. Similarly, attention is drawn to the constitutional powers of the President to issue an act of pardon for a person convicted by the court, as well as to deprive him of an honorary, military, special or other rank, class rank, diplomatic rank, qualification class, and state awards. The view is focused on the special procedure for implementing the constitutional and legal responsibility of the President and the termination of the constitutional powers of judges. The legislation and judicial practice of the Russian Federation in the issues raised are covered. The regulatory legal acts of the Republic of Kazakhstan defining the constitutional status and powers of the courts and the President were analyzed. Upon completion of the work, brief conclusions are given, arguing that courts and judges, firstly, when exercising their constitutional powers, have both external and internal independence, and secondly, they interact with all government bodies and officials, including the President, in strict adherence to the system of checks and balances that do not allow them to violate the unity of state power itself, its usurpation or concentration.

State-legal coercion as a method of implementing Ukraine’s political function in the conditions of martial law

The article examines state-legal coercion as a method of implementing Ukraine’s political function in modern conditions. Normative legal acts are identified, and measures of state-legal coercion in the conditions of a state of war are provided. In modern conditions, it is important that state-legal coercion is used in accordance with the principles of the rule of law, taking into account the rights and freedoms of citizens, as well as international human rights standards. It is important to ensure that it does not violate the rights and freedoms of citizens and is not used for political persecution. Ukraine, as a democratic country, is obliged to adhere to these principles in all aspects of its policy and activities. However, during the full-scale Russian invasion, significant changes were made to the current legislation, which affected the rights and obligations of ordinary citizens of Ukraine, as well as certain state bodies. These measures must be applied in accordance with normative legal acts and are temporary in nature, aimed at overcoming an emergency situation (military aggression) and restoring the normal functioning of the state. Due to the prolonged military aggression, state coercion measures are closely related to the sphere of human rights and the rule of law, which is the cornerstone of the implementation of our state’s political function. The state of war is characterized by significant changes in the legal status of subjects of legal relations, as well as an expansion of the competence of state authorities and administration. This is primarily reflected in a sharp increase in the volume of state-legal coercion, which does not have the character of administrative penalties. In summary, it can be concluded that the legal regime of a state of war consists of a system of legal norms, predominantly of an administrative nature, which primarily restrict the rights and freedoms of citizens, as well as the rights of legal entities. These measures expand the powers of state authorities and are introduced in specific territories in the event of specified emergency circumstances, with the aim of the swift restoration and maintenance of the rule of law.

PRIVATE MILITARY COMPANIES: LEGAL ASPECTS OF APPLICATION

Article is devoted to the problems of development of private military companies in Russia. It shows the practice of private military companies in the current political situation in the world. The phenomenon of private military companies (PMCs) is a rather controversial and ambiguous topic. Over the past more than thirty years, PMCs have played an increasingly important role in local wars and regional conflicts. With further globalization of the world economy, the role of PMCs in future wars and armed conflicts will be increasing. The authors study international documents regulating the activities of these organizations. They point out the necessity of adopting a law to allow this type of activity on the territory of the Russian Federation. Private military companies actually exist within the country and their legalization would allow to introduce their activities into the legal field. Private military companies influence the sphere of human rights, is connected with corruption and dishonest performance of obligations in implementation of contracts. The penalties for establishing and participating in illegal armed groups are shown. The possibilities of their application, both in Russia and abroad, are highlighted.

Prawa więźnia w Stanach Zjednoczonych w świetle klauzuli konstytucyjnej due process of law

It is in the broad sphere of human rights that the author wants to posit prisoner’s rights. In order to make progress in this respects it is necessary to overcome complexes and prejudices that exist in the society, then — to furnish the prisoners with legal instruments and ensure their efficient operation by, first of all, fully accessible, broad, judicial supervision.In the United States the common law system prevails, and accordingly, for the last ten years prisoner’s complaints arising in connection with the lack of observance of the clause — due process of law — have become the grounds for rulings of state and federal courts, the Supreme Court included.The clause has been embodied into the amendments V and XIV to the constitution, and reads: “No person shall be deprived of life, liberty or property, without due process of law.” It relates to almost all domains of law, and is a powerful instrument of the protection of human rights. Therefore, in the discussed sphere — due to conflicting interests, trends and opinions — the clause makes the society aware of the wrongs done to individuals, misused authority, the mistakes of the penal system itself.The author has devided the material under analysis into three parts: the first one embraces the classification of prisoners and covers the problem of their transfer to other penal establishments, the second — deals with disciplinary procedures, the third one — dwells upon the problems arising in connection with parole. In the final part of the article the author presents a great variety of facts in prisoner’s life where the clause can lie, moreover, he stresses that prisoners bring actions to court on the grouds of other constitutional clauses.Although the analysed material does not provide a general outlook into the legal situation of prisoner in the United States, it satisfactorily characterizes the progress that is labourously being made in the sphere. Moreover, it reflects a universal truth that even ideally formulated provisions of law, slogans and declarations can remain of no significance for persons concerned, whereas under certain circumstances, even enigmatically worded, archaic formula can contribute to effective progress.

Dimension of Human Rights Protection Against Corporate Crimes

The wave of influence of Neoliberalism and globalization with its system of economic capitalism has begun to change the economic ideology by ignoring sound principles in business dealings (there is even a tendency to put forward the “anomie of success” principle), a considerable number of corporations have committed acts in violation to human rights. This paper is going to examine the implementation of human rights-based protection and law enforcement. It has now become significant considering how critical thinking in solving corporate human rights violation problems is urgently needed. The type of approach used by the writer in this research is the Normative Law Research Method. The methods applied will consist of statute approach, case approach and conceptual approach. Research shows that Indonesia is a country of law. By this concept, principles contained in that country must be applied, one of them being the presence of the acknowledgement and protection of basic human rights. In the context of a country with Pancasila as its main law, the effectual supremacy of law in Indonesia must continually be done within a framework which focuses in creating public welfare and social justice for all Indonesian people. In this context, the human potential and dignity have a high and noble position. Regulation governing the protection of human rights may be found in the Universal Declaration of Human Rights, the 1945 Constitution of the Republic of Indonesia and the 1999 Act of the Republic of Indonesia No. 39 concerning Human Rights. These human rights have frequently been violated by corporations while conducting their business activities. In international legal instruments, The United Nations Global Compact (UNGC) exists as an initiative to strategic policies for corporations to make a commitment which will align their policies and strategic operations with the ten universal principles of human rights, labor, environment and anti-corruption, in order to allow sustainable business practices. Within the sphere of human rights, the UNGC states that “business should support and respect the protection of internationally proclaimed human rights” and “make sure that they are not complicit in human right abuses”, along with other alternatives that may be conducted by the corporations. For that, the country has a responsibility to provide devices by utilizing all its resources to create equality, non-discrimination and human rights protection for every citizen. The country has to do its part to calculate every possible way to allow for human rights protection and to facilitate the recovery over losses that may arise from the violation of human rights, especially those done by corporations.

An Innovative Approach to the Implementation of Sustainable Business Ideology in Ukraine

According to the Sustainable Development Goals (UN, 2015), making sustainable business decisions should be the driving force in achieving environmentally-oriented improvements. The key document that supports the 10 principles that ensure SDGs is the United Nations Global Compact Strategy 2021–2023 (UN, 2021). Achieving the goals of the Strategy requires the use of an improved business decision-making model that simultaneously increases revenues and revises the distribution of domestic funds for meeting the principles in the sphere of human rights, economic growth, satisfactory working conditions and the environment, and combating corruption as a key driver of corporate sustainability and responsible business practices. The authors have developed a methodological approach to the assessment of business sustainability, which is based on a combination of elements: analysis of world best practices and trends, determination of the impact of business on the social status and environment, quality assessment of relevant certification, and analysis of compliance with social indexes of sustainable development. The analysis of economic indicators of sustainable business (The B Impact Assessment, 2021) for 2020–2021 allowed singling out companies that finance the environmental sphere. Today, a quarter of the world’s countries carry on sustainable business and finance the environmental degradation impact. The 8 leaders include: France, USA, Brazil, India, Germany, Norway, Ireland and South Korea. Methods of rating and expert assessment constitute an applied aspect of research for identification of prospects of sustainable business formation in Ukraine in the regional context. The result shows that only 8 regions are suitable for sustainable business conduct, while the environmental criterion is more than 9.2 points of 10, the economic criterion does not exceed 5, and the social criterion is 4.02–5.02. Therefore, it is necessary to focus on the organization of sustainable business according to the key strategic state priorities in formation of the mechanisms for the investment and the innovation policy of a sustainable development support system through the use of regulatory tools for reformation of existing business approaches to internationally regulated ones, such as business for nature.

ZNAČAJ POLICIJSKE ETIKE ZA UGLED POLICIJE U DRUŠTVU

Legal state is a democratic creation that is based on legal certainty and rule of law and is a form of state in which all subjects are bound by the law, where it is crucial that this refers to state authorities that have a monopoly over power and directly encroach the sphere of human rights. Acting according to the principle of legally is brought before the police as an imperative of great importance. Although this principle is, without a doubt, primary in the police work, it will not be the central topic of this paper. The goal of the author is to move focus of the paper towards the importance of adhering to ethical principles and standards, basic principles of democratic work of the police, as well as strengthening trust of citizens in the police in order to create safe community with accessible and ethically inclined police that responsibly act together with the community in identifying and solving security issues.

“When I suffer from fever, I eat mangos.” Determinants of health-seeking beliefs and behaviors of rural older women in Sylhet, Bangladesh

ABSTRACT Poverty, poor living conditions, religious values and norms, lack of education, and gender discrimination influence the beliefs and behaviors of rural older women in many low-income countries. This paper aims to report the socio-ecological determinants of health-seeking beliefs and behaviors of rural older women in North-eastern Bangladesh and how these behaviors impact their recognition within the setting. It involved semi-structured interviews with 25 older women and 11 healthcare professionals. The findings revealed various determinants at the personal level (awareness of illness, mistrust toward medical treatment, self-treatment, and religious values and norms), the interpersonal level (isolation in family and communication with clinicians), community level (community perception of aging, neighboring and community organizations), and in the sphere of human rights (care affordability, social safety-net coverage and national policy). Four core determinants (poverty, education, gender and religiosity) were intertwined in shaping beliefs and behaviors.

Conceptual Approaches to Human Rights in the European Union and the People’s Republic of China

The article presents a comparative interdisciplinary study of approaches to the problem of human rights in relations between the European Union and the People’s Republic of China. This factor is traditionally used by the EU and the West to criticize the policies of other countries, combining pressure and encouragement in order to Westernize them ‒ to accept and practicallyl implement the Western concept of human rights.However, modern China, having carried out rapid socio-economic and scientific-technological development, not only did not change its political system, but also began to reform the international sphere of human rights in accordance with their understanding. Ideological inertia and simplification of the problem do not contribute to understanding in Europe how, while retaining the socialist ideology, China became the second economy in the world, acquiring global primacy and promoting its model, without setting, like the West, special political conditions.At the same time, there are contradictions between the Western countries, and international law, including the field of human rights, which have a historical, dynamic character, and a very diverse implementation. In the socio-philosophical sense, the competition between the constructivist and functional approaches in the forms of the liberal-bourgeois and socialist systems is developing between the EU and the PRC.

Withdrawal of biological samples for forensic study: regulatory rulemaking and practical law enforcement matters of argue

The article is dedicated to the exploration of a legal nature of such a procedural action as a withdrawal of biolog-ical samples for forensic study, effectiveness of its regulatory rulemaking and practical law enforcement. With in the frame work of the study the attention focuses on the fact that procedure of selecting of biological samples for expert study is one of the examples of the procedural actions, which simultaneously affectsa wide range of human rights. Therefore it is no coincidence that a number of procedural preventive actions are provided legisla-tively, ignoring which should have inadmissibility of evidences gained in such a way as a result.Undertaking the analysis of regulatory rulemaking of withdrawal of biological samples for forensic study the author underlines its unreasonable compactness, which in general leads to negative subsequence, in particular to misinterpretations arising in law enforcement activity. Inter alia it is mentioned that “biological samples” concept is not regulatory entrenched in terms of legislation which is in its turn responsible for terminological inexactitude of the highlighted concept in law enforcement practice. For this purpose one of the suggestions brought forward by the author is regulatory establishing of the concept “biological samples”.In the article special attention is dedicated to the research of a non-consensual biological samples withdrawal in the context of the implementation of one of the key principles of criminal proceeding – freedom from self-incrimination. Emphasis is placed on the fact that the non-consensual biological samples withdrawal for forensic study is followed by a significant degree of interference in the sphere of human rights and freedoms in particular. Therewith in number of cases it will be impossible to clarify certain circumstances in criminal proceeding without obtaining the relevant materials. According to the court practice, including the European Court of Human Rights practice (hereafter – ECtHR), it is concluded that in the scope of observance of the freedom from self-incrimination it is admissible to withdraw such a material from a person, existence of which does not depend on his/her will.The article substantiates the conclusions and formulates the suggestions aimed at improving of regulatory rulemaking of withdrawal of biological samples for forensic study and practice of implementation of the mentioned procedural action.

Activities of the Local Government During a State of Natural Disaster

<p>As one of the states of exception, a state of a natural disaster often makes public administration, including local governments, take actions that restrict the sphere of human rights and civil liberties. One-person bodies are entrusted with being in charge in matters related to a state of natural disaster. Actions taken during a state of natural disaster to prevent or remove its effects are managed by the commune executive body when the state of a natural disaster was introduced only in the territory of the commune. However, if the state of a natural disaster was introduced in more than one commune in a district, then the starost is in charge of the operations. As a monocratic body is entrusted with executive powers, decisions can be taken faster and time is essential from the point of view of the effects of a natural disaster. Due to a formalized method of decision-taking, a collegial body may not respond adequately to a dynamically developing threat.</p>

A Category “Public Order” and Limitations on Party Autonomy in Contracts for the Carriage of Passengers by Sea

This article attempts to research the purpose, the meaning and the essence of the category “public order” in the legal regulation and practice of law enforcement in the sphere of passengers’ sea shipping. In the first part of the article, the authors consider the role of the public (imperative) element in the legal regulation of passengers’ sea shipping. It is paid attention to the significant segment of the state and the supranational administrative regulation in the modern legal basis of such shipping. It gets a manifestation in consolidating the possibilities of imperative influence on the system of private legal relations, including relations, complicated by a foreign element, particular on the sphere of passengers’ sea shipping. In the second part of the article, the authors applied to the definition of the correlation connections of the category “public order” with the related legal categories “law and order”, “civil order”, “world order”, made the distinction between the categories “order” and “regime”. It is emphasized the attention on the legal regime is a process aimed at establishing public order. The third part of the article is devoted to brief research of the international public order in the projection on the problems of passengers’ sea shipping. It is laid emphasis on the attempt of the world community to form a legal basis for countering illegal actions in the maritime spaces that violate the established international public order, aimed at reservation and protecting health and lives of people. It is noted that the sphere of human rights allows emphasizing more clearly the limits of the institute “public order”, which remains underestimated in the Ukrainian doctrine of international private law. Finally, the authors examine the public order clause as one of the leading institutes of the international private law and the relevant legislation of most modern states. It is emphasized the lack of a definition of the category of “public order” under the conditions of the proper regulation in the laws of the relevant clause.

Protection of the state interests and the responsibility of State (some theoretical issues)

The protection of the state interests is an objective need, an obligation of the state from the perspective of securing thegoals of the modern state, implementation its functions as well as of the rule of law principles and respect for human rights.Nevertheless the state’s activities aimed at the protection of the interests of the state be it at the legislative, administrative of judicial level results on many occasions in the restrictions of the human rights, freedoms and the respective private interests, the deviation by the state from the safeguards of the fundamental rights of person. The said activities of the state should thus be assessed from the perspective of compliance with the basics of the responsibility-of-state-concept including both its domestic and international law aspects. Indeed, the international law in the sphere of human rights and freedom protection as well as the international investment law establish series of standards for the protection of the private rights binding on the state such standards being further developed in the jurisprudence of the international courts and tribunals. That said, in the framework of the state’s activities aimed at the protection of the state interests the specific grounds for the responsibility of state, emanating from the responsibility-of-state-concept, arise, Such grounds may be in general terms be divided into two groups. The first group of the grounds for the state’s responsibility comprises situations where the state authorities apply measures imposing restrictions on or interfering with the private rights and freedoms aiming at the protection of the interests which have been groundlessly recognized by the state as the state interests while such interests are not the genuine state interests in substance. The second group of the grounds giving rise to the responsibility of state relates to the situations where the genuine state interest of public nature requiring the protection by the state objectively exists, however the state machinery applies improper legal measures for the protection of such interest, that is the legal measures, be it in the legislative, administrative or judicial sphere, which are disproportionate to the state interests sought to be protected, specifically where the said measures employed by the state to protect the state interests are excessive or, to the contrary, insufficiently effective to secure the protection of the precise state interest in light of given social relationships. Keywords: the state interest, the state, the human rights, the responsibility of state.

The moral principles of universality of human rights

The article is an analysis of morality as the characteristics of meaningful in the understanding of human rights as a fundamental principle of their universality. Focuses on the understanding of the universality of human rights. Does this mean that any state expressly reserves all facets of universality (legal, moral) to join its public policy, or universality is based solely on the moral Foundation that emerged in the process of development of social relations and General acceptable for any order. It is noted that current processes of globalization, which seek to universalise human rights is a great challenge with respect to ideas about human nature. Universalization involves determining the value of a certain standard, a kind of legal standard or sample, usefulness and progressiveness which must not be challenged. The attention is paid to conflict legal and moral protection of human rights. It is noted that from the point of view of morality as a means of regulation of social relations and a fundamental principle in ensuring human rights, particularly the criterion of universality, which is multicultural and international. According to the tradition of natural law, the authority of law inevitably relies on the connection of law with morality. So obvious is the importance of moral norms as a meaningful, inherent characteristics of human rights, that is what gives them universality. Because morality exists primarily in the minds of the people, no legal act is not able to fully reflect all the manifestations of public morality. However, numerous international legal instruments that protect human rights, issues of public morality sometimes takes an exceptional place, with this in mind, the analysis is conducted of the norms of international acts and national legislation. In particular, referred to the Law of Ukraine «On protection of public morality», which defines the notion of public morality as a system of ethics, rules of conduct prevailing in the society based on traditional spiritual and cultural values, concepts of good, honor, dignity, public duty, conscience, and justice. However in the state there is a lot of destructive phenomena that go against morals and which is caused by the impulses to tolerance, prejudice the rights of other members of civil society. In particular, we analyze the provisions of the Istanbul Convention, the provisions of which are inconsistent with the Ukrainian legislation and norms of public morality. Proves the impossibility of its ratification in respect of the unjustified creation of additional privileges for the gay, lesbian, bisexual or transgender, which is contrary to art.24 of the Constitution of Ukraine, according to which citizens have equal constitutional rights and freedoms and are equal before the law and that there can be no privileges or restrictions on various grounds. As a conclusion, the crisis of morality is stated, which, in case of further introduction of immoral laws into the sphere of human rights, will become a social crisis, a moral crisis of the Ukrainian nation, where there is no boundary between good and evil, love and hate, justice and public welfare. it can benefit an individual or a small community. And the above-mentioned immorality at the level of implementation in the field of human rights claims to be universal and universal, regardless of the rule of law. Keywords: dignity, globalization, good, morality, human rights, universality.

Judicial Control and Prosecutorial Supervision in the System of Guarantees for Observing the Rights and Freedoms of a Suspect Person

In the process of reforming the criminal procedure legislation, the institution of the prosecutor’s office has become one of its important aspects. The judiciary, being one of the independent and autonomous branches of power in criminal proceedings, which is a system of protecting the rights and freedoms of citizens, is by far the most effective structure for protecting human rights. The article reveals the essence of judicial control and prosecutorial supervision, identifies a number of problems in the form of potential threats to ensure the rights and legitimate interests of a suspect (accused) in this form of preliminary investigation. As a result of the study, the following was stated. The current provisions of the CIS constitutions regulating the sphere of human rights and freedoms have made it possible to single out separate independent areas in the activities of the prosecutor’s office. Based on the practical problems that arise in the conditions of the new Criminal Procedure Code in the CIS countries, the authors consider it reasonable that the current oversight functions assigned to the prosecution authorities in ensuring the rights and freedoms of a suspect and an accused during the investigation, necessitate further special studies with the aim of development of evidence-based proposals for their resolution.

Поширення пандемії COVID-19 в Україні: соціально-правові та кримінологічні проблеми

The article considers a number of socio-legal and criminological problems that have arisen in Ukraine as a result of the spread of the global pandemic COVID-19, which has become a challenge to the epidemic security and social wellbeing of mankind. It is emphasized that the most severe consequence of this pandemic is high mortality. Along with this, a number of negative consequences for the vital activity of society have been formed in various spheres (for example, in the sphere of human rights, legal regulation of public relations, state economy, social life and information space, state of law and order). The spread of the coronavirus pandemic in the world and the introduction of quarantine measures of varying sever- ity contributed to a certain degree of restriction of constitutional rights, freedoms and legitimate interests of human and citizen (eg freedom of movement, free choice of residence, right to leave Ukraine, right to health, medical care, the right to hold meetings, rallies, marches and demonstrations, the right to conduct business, etc.). The main directions of legal regulation of counteracting the spread of COVID-19 and overcoming the consequences caused by the epidemic in various spheres of public life are: prevention of the emergence and spread of coronavirus disease; providing treatment for coronavirus disease; providing state support in various spheres and socio-economic rights of citizens in connection with the spread of coronavirus disease; strengthening legal responsibility for violating quarantine rules. It is emphasized that the inconsistency of legislative changes in the regulation of responsibility for violation of quarantine rules has caused a number of law enforcement problems. It is established that the degree of correlation of coronavirus disease with the state of socio-economic development in Ukraine is ambiguous. In the socio-psychological sphere of Ukrainian society the main consequence of the spread of the COVID-19 pandemic is the strengthening of the state of social isolation. A natural consequence of social isolation is an increase in the danger of infodemic chaos. The main changes in the state of law and order of the state are determined. It is noted that quarantine measures and increased social interest in overcoming the COVID-19 pandemic and its consequences have contributed to the emergence of new types of criminal behavior and the adaptation of existing ones to new conditions.

Права людини в кібер-просторі крізь призму теорії демократії.

As cyber-space gradually becomes a fully realized sphere of society and acquires a set of political connotations, the necessity of studying the virtual dimension of policy-making process becomes all the more urgent, including the need to pay more attention to the issue of human rights protection in cyber-space. At the same time, modern scientific research in the sphere of human rights mostly represents a fairly onedimensional point of view, as they focus on the legal side of the problem, primarily paying attention to the norms of international law. Present article explains and justifies the necessity and relevance of full-scale implementation of tools and methods of political science, particularly the concepts and ideas of pluralistic and deliberative democracy, in the process of studying the Internet as means of political communication, a tool for implementation of fundamental human rights, such as freedom of speech, the right to assembly and freedom of association.Purpose of the research is complex in nature, as it strives to prove that the foundations for studying the ways the Internet influences policy-making process, were laid by classics of political studies in pre-digital and early digital era, while also analyzing the possibility of using the Internet as a tool of implementation of some of the main aspects of democratic theory beyond the boundaries of established democracies.The research presented analysis of modern cyber-space against the background of J. Habermas’ concept of «public-sphere» as a space for productive and rational political discussion. Conclusions were also made concerning the possibility of application of communicative capacities of the Internet as the means of practical implementation of R. Dahl and J. Cohen concepts of democratic development. At the same time, presented set of practical proved the ability of online-community to perform the functions of civil society in authoritarian states, thus promoting development of certain aspects of democracy in the absence of traditional democratic institutions.

PROTECTION OF HUMAN RIGHTS IN THE CONTEXT OF THE DEVELOPMENT OF BIOETHICS AND GENOMICS (THEMATIC REVIEW OF THE INTERNATIONAL ROUND TABLE)

The article presents a description of the main theses of reports and presentations during the thematic meeting in the framework of an interdisciplinary group of scientific experts and students of law schools from Russia and Italy. The problems of the legalization of genetic research, the regulation of ethical, legal-social and international legal issues, as well as the problems of biomedical influence on the sphere of human rights are analyzed.