Duties Of States Research Articles

Practical aspects of deferred payment of state duty in courts of the Republic of Kazakhstan

The paper reveals the features of introducing a new institute of deferral of payment of the state duty on civil cases in the courts of the Republic of Kazakhstan. These novelties are primarily aimed at ensuring access to justice for citizens and legal entities that find themselves in financial constraints. Granting a deferral allows even in case of temporary financial difficulties to realize the constitutional right to judicial protection, guaranteeing the opportunity to appeal to the court. This institution has been studied in the context of analyzing the judicial practice of considering the applications received for resolution, with the presentation of individual examples, including disputes arising from matrimonial and family relations. The normative basis of the study is the Constitution of the Republic of Kazakhstan, the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget”, the Civil Procedural Code of the Republic of Kazakhstan and other laws. The authors have analyzed statistical data on the results of consideration of applications for deferral of state duty with the study of data available on the websites of judicial authorities and the algorithm developed by the Supreme Court of the Republic of Kazakhstan when considering applications for deferral of state duty in the courts. The study of this institute has shown the need to develop a uniform judicial practice in the consideration of relevant petitions, which will lead to the correct application of the norms of tax legislation on the issues of granting deferral of payment of state duty in the courts of the Republic of Kazakhstan. The obtained results led to a rethinking of the process of improving the national legislation.

Popular Participation And Social Control As A Principle Of The Brazilian Unified Health System (SUS)

The following article addresses the importance of popular participation and social control in the Brazilian Unified Health System (SUS), as established by the Federal Constitution of 1988. These principles aim to ensure that health is a universal right and a state duty, and that the community plays an active role in the formulation, implementation, and oversight of health policies. Popular participation allows citizens to influence health decisions and ensures that their needs are reflected in public policies. This is achieved through meetings, consultations, and public hearings. Social control enables citizens to oversee the implementation of health policies, ensuring transparency and accountability among health managers. Health Councils, Health Conferences, and Health Ombudsman Offices are the main mechanisms for implementing these principles. Health Councils, operating at municipal, state, and federal levels, include representatives from the government, health professionals, and users, and are involved in the formulation, evaluation, and oversight of health policies. Health Conferences bring together a broad range of participants to discuss and propose improvements to the SUS, while Ombudsman Offices serve as channels for citizens to file complaints, suggestions, and reports of irregularities. However, the text also highlights challenges such as low community engagement, lack of resources and training, and issues of representativeness. These challenges impact the effectiveness of Health Councils and Conferences. To overcome these issues, it is necessary to promote greater awareness, improve infrastructure, and ensure diverse representation, ensuring that health policies adequately address the needs of the population.

프랑스·독일·일본에서의 범죄피해자의 형사절차 참가제도와 우리나라에 대한 시사점

France and Germany, that have adopted private prosecution or recognize private participation in litigation, guarantee crime victims the right to participate in criminal proceedings, allowing them to seek redress and protect their rights. However Japan and Korea, which operate criminal procedures based on the principle of state prosecution, perceive the state criminal procedures as an adversarial relationship between the criminal justice agencies and the criminals, and views crime victims as mere objects of protection and support or as targets of preferential measures. Recently, Japan has introduced a system that guarantees crime victims the right to participate in criminal proceedings to a limited extent. Korea attempted to revise the law to introduce a victim participation system that was much weaker than that of France or Germany, and even Japan, but it was ultimately frustrated. Whenever the neglect of the protection of the human rights of crime victims becomes a social issue, the Korean government has established and implemented measures to strengthen the rights of victims. However, except for victims of crimes that attract social attention, such as sexual assault or stalking, the poor status of victims of crimes such as murder, assault, and fraud has not improved much. With only these intermittent and sporadic measures, it is difficult to properly fulfill the state's duty to protect crime victims. In order to improve the poor status of victims, it is necessary to create a principle provision on the protection of suspects' rights and participation in criminal procedures in the Constitution, and declare at the beginning of the Criminal Procedure Act that the rights of crime victims should be protected. And then a device must be established to protect crime victims in a series of criminal procedures such as investigation, prosecution, trial, and execution of sentence. In particular, it is necessary to build a system that stipulates the right of crime victims to express their opinions at each important stage of the criminal procedure, such as the conclusion of the investigation, decision not to prosecute, decision on detention, pronouncement of judgment, and suspension of execution of sentence, and to notify the progress of the criminal procedure.

가습기살균제 피해사건의 국가배상책임 인정 판결에 대한 고찰

The “Humidifier Disinfectant Incident,” where numerous citizens suffered serious health damages from humidifier disinfectants sold in Korea from 1994 to 2011, can be attributed to the irresponsible actions of companies that failed to ensure product safety and the negligence of the government and related organizations in properly managing and supervising these products. Victims and their families claimed damages against manufacturers and the state, but only the manufacturers' liability for damages was primarily recognized, with state compensation liability not being acknowledged. Additionally, the court decided on the liability of manufacturers and sales companies based on whether the primary ingredient of the humidifier disinfectant was of the P series (PHMG/PGH) or C series (CMIT/MIT). Around January 2012, the Seoul Central District Court, through the 2012Gahab4515 damages case, dismissed the claims of the victims and their families on January 19, 2015, not recognizing the state's fault. However, recently, on February 6, 2024, the Seoul High Court issued a significant ruling through case 2015Na2014486, marking the first time state compensation liability was recognized in this matter. This judgment emphasizes the responsibility of the state and relevant agencies in the safety assessment and supervision process of chemicals, reaffirming the importance of state measures to protect the health and safety of its citizens. Notably, this ruling provides critical insights on how the state should respond to ensure citizens' rights to a healthy and comfortable environment against harmful chemicals. Therefore, this study examines the significant legal grounds and principles through this landmark decision, affirming the state's legal responsibilities and duties in public health management and crisis response through chemical management, thereby contributing to reestablishing the role of the state in protecting the lives and safety of its citizens.

빈집정비사업에 대한 공법적 검토

The recent issues of population decline due to aging and low birth rates have led to an increase in unoccupied houses. This increase is associated with higher crime rates, deteriorating residential environments, urban slums, imbalances in the real estate market, and environmental problems. The necessity of unoccupied house improvement has been raised, yet public law reviews on this matter remain insufficient. The concept of unoccupied houses includes both usable and unusable houses, which vary according to the investigation period and methods. Demolition targets include unusable unoccupied houses classified as Grade 3 under the ｢ACT ON SPECIAL CASES CONCERNING UNOCCUPIED HOUSE OR SMALL-SCALE HOUSING IMPROVEMENT｣ or as ‘specific unoccupied houses’ under the ｢AGRICULTURAL AND FISHING VILLAGES IMPROVEMENT ACT｣. The constitutional basis for the demolition of unoccupied houses includes the state's coordination and intervention duties under the principle of the social state, Article 122 of the Constitution, and the housing rights of neighbor of unoccupied houses. Especially, the conflict between the housing rights of neighbor and the property rights of unoccupied house owners(conflicts between fundamental rights) is transformed into a constitutional review issue as the legislator introduced a demolition system that limits the property rights of unoccupied house owners. The most important perspective in the constitutional review is adherence to the principle of proportionality, and demolition and compensation must be carried out under stricter standards, shifting from ensuring the existence of property rights to guaranteeing their value. The management and improvement obligations of unoccupied house owners are specified in the ｢AGRICULTURAL AND FISHING VILLAGES IMPROVEMENT ACT｣ but not in the ｢ACT ON SPECIAL CASES CONCERNING UNOCCUPIED HOUSE OR SMALL-SCALE HOUSING IMPROVEMENT｣. Based on the constitutional duty of property rights for public welfare and social constraints, owners may bear police responsibilities under public law, but this needs to be explicitly stated in the law. Such regulations on the responsibilities of unoccupied house owners can serve as the legal basis for enforcement fines and potentially a future unoccupied house tax when demolition orders are issued. Local governments' ex officio demolition of unoccupied houses is deemed an administrative execution. However, demolition orders for unoccupied houses are only feasible in cases involving substantial illegality, such as when legal buildings are abandoned for extended periods, resulting in significant harm to residents. In this context, recognizing the process of becoming substantially illegal should be strictly judged under the principle of proportionality. Compensation for the demolition of unoccupied houses is challenging to include in traditional public law compensation, thus falling under special public loss compensation recognized by the legislature through special laws. The compensation amount for demolition is determined as the arithmetic average of the amounts appraised by two appraisers. Issues concerning offsetting demolition costs highlight that compensation amounts can vary between voluntary demolition and enforced demolition by administrative execution, necessitating objective standards for demolition costs offset by administrative authorities.

Sexual Violence Crime Reform in Indonesia: Political and Legal Characteristics of Its Formation

Handling sexual violence and gender-based violence remains a significant issue in Indonesia. The state plays a crucial role in ensuring the enforcement of laws against sexual violence by enacting Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS). This study aims to identify the legal characteristics of UU TPKS. The study employs the literature review method. This research is descriptive-analytic, focusing on normative juridical legal research. The results show that the state is obliged to provide human rights protection, particularly in the context of eliminating sexual violence. UU TPKS is characterized as a responsive legal product. It fulfils the state's duty to provide comprehensive legal protection, encompassing prevention, resolution, and mitigation of both psychological and material losses suffered by victims of sexual violence due to the introduction of new formulations regarding sexual violence crimes that were not present in previous legislation. The criminal law reform in UU TPKS aims to change the existing legal substance to enhance the effectiveness of law enforcement, address crime, and tackle social and humanitarian issues. UU TPKS will become the primary and foremost special regulation in combating Sexual Violence Crimes, complementing the existing legislation that previously regulated the substance of sexual violence crimes.

The hunger strike in prison: bioethical and medico-legal insights arising from a recent opinion of the Italian national bioethics committee.

This contribution addresses some bioethical and medico-legal issues of the opinion formulated by the Italian National Bioethics Committee (CNB) in response to the dilemma between the State's duty to protect the life and health of the prisoner entrusted to its care and the prisoner's right to exercise his freedom of expression. The prisoner hunger strike is a form of protest frequently encountered in prison and it is a form of communication but also a language used by the prisoner in order to provoke changes in the prison condition. There are no rules in the prison regulations, nor in the laws governing the legal status of prisoners, that allow the conscious will of the capable and informed subject to be opposed and forced nutrition to be carried out. However, this can in no manner make therapeutic abandonment legitimate: the medical doctor should promote every action to support the patient. In the recent opinion formulated by the CNB it was remarked how self-determination is a central concept in human rights and refers to an individual's ability to make autonomous and free decisions about his or her life and body.

Facial recognition technology: regulations, rights and the rule of law.

Despite their pronounced potential, unacceptable risk AI systems, such as facial recognition, have been used as tools for, inter alia, digital surveillance, and policing. This usage raises concerns in relation to the protection of basic freedoms and liberties and upholding the rule of law. This article contributes to the legal discussion by investigating how the law must intervene, control, and regulate the use of unacceptable risk AI systems that concern biometric data from a human-rights and rule of law perspective. In doing so, the article first examines the collection of biometric data and the use of facial recognition technology. Second, it describes the nature of the obligation or duty of states to regulate in relation to new technologies. The article, lastly, assesses the legal implications resulting from the failure of states to regulate new technologies and investigates possible legal remedies. The article uses some relevant EU regulations as an illustrative example.

Судебные расходы в групповом производстве

The problem of paying legal costs when courts resolve a class action is considered. The need to enshrine in tax legislation a special decision on the amount and procedure for paying state duty when filing a class action is noted. The state fee must be paid at a time when filing a claim, and in a fixed amount, which does not change depending on the joining of group members after the initiation of proceedings in the case. The author criticizes the approach currently formed in judicial practice to determining the amount of state duty according to the rules of the active participation model. Attention is also drawn to the inappropriateness of establishing a rule on the need to comply with the notarial form of an agreement on the distribution of legal costs between participants in a group of persons.

Netralitas Kepolisian Republik Indonesia Pada Penyelenggaraan Pemilihan Umum

The neutrality of the Indonesian National Police (POLRI) in holding general elections is an important prerequisite for the integrity and success of the democratic process in Indonesia. In this context, the neutrality of the National Police reflects its ability to carry out state duties without taking sides with certain political interests. The National Police has a crucial role in ensuring security, order and justice during the elections, including securing voting locations, enforcing the law against election violations, and providing a sense of security to the public. However, maintaining the neutrality of the National Police is not an easy task. The National Police is faced with various challenges, such as political pressure, intervention by certain interests, and threats to the security of its personnel. Nevertheless, the National Police has developed various strategies to overcome these challenges and maintain its neutrality during the elections.

International cooperation and its role in ensuring everyone’s right to health care and medical assistance

The article states that the right to health care and medical care is a guarantee of the right to life. To the state in accordance with Part 2 of Art. 3 of the Constitution of Ukraine is entrusted with the duty to affirm and ensure human rights and freedoms, including the right of everyone to health care and medical assistance. Such a duty of the state is defined as the main one among its other duties. For its implementation, Ukraine must create an effective mechanism for ensuring the above-mentioned right. The Covid-19 pandemic, Russia’s aggression against Ukraine and, as a result, Russia’s temporary occupation of part of the territory of Ukraine, the commission of crimes in such territories that fall under the jurisdiction of the International Criminal Court and testify to violations of human rights in the field of health care, have actualized the issue of the specifics of international cooperation of states in the field of health care under conditions of military occupation, pandemics, etc. and its role in ensuring the above-mentioned right of every person. The doctrinal approaches to defining the concepts of «cooperation», «international cooperation», and international treaties on human rights are analyzed. It has been established that diametrically opposite points of view are expressed in the scientific literature: from the declaration of cooperation as a duty of states to the complete denial of the legal force of this principle. The author’s definition of the concept of international cooperation in the field of health care is formulated - it is a complex of legal means, methods and institutions that are the result of joint multilateral or bilateral activities of states and which they use to achieve common goals of sustainable development in the field of health care in accordance with generally recognized principles and norms of international law. Attention is focused on the fact that the result of international cooperation are international standards of human rights in the field of health care, which are adopted by international organizations of a universal and regional nature, and which are implemented in national legislation, but such standards are the result of the cooperation of states, albeit within the framework international intergovernmental organizations, since these organizations are not endowed with special competence by nature, but are endowed by states by defining it in the charter of such organizations.

Planetary Boundaries Nurturing the Grand Narrative of the Right to a Healthy Environment?

The profound changes in Earth systems dynamics are affecting the health of the entire planet and the realization of a broad range of human rights. In this paper, we propose that the grand narrative of human rights including the legal right to a clean, healthy and sustainable environment recognized by the United Nations in 2022 requires the acknowledgment of the interconnected challenges posed by planetary crises. We discuss how planetary boundaries (PB) research can provide evidence-based arguments and clarify State duties concerning their international human rights law commitments. The economic, social and cultural rights are deeply connected with the right to a healthy environment. Human rights to water, food, or health, for example, can all be understood in the context of Earth systems change. Civil and political rights go beyond individuals to include also collective action and participation to tackle planetary social-ecological challenges. Gaps remain in human rights law concerning some of the PBs, which risks overlooking the interconnected drivers of ecosystem degradation. Clearer legal standing and justification for legal demands, for example concerning the impacts of water use, land use and deforestation, are needed to tackle PB overshoot. States must act at various spaces including the global economic systems and the global supply chains of goods and services for humanity to reach planetary safe and just spaces. Weaving international human rights law and advances at various geographical scales on the right to a healthy environment with PB provides a powerful tool for defending the prerequisites of good life for everyone, everywhere.

Legal Protection of Linguistic Minority under Discrimination: The Case of Anglophone Cameroon

The minority English-speaking population in Cameroon, where French is the majority language, has a number of political, economic, and social complaints that collectively make up the "Anglophone problem." These grievances are described using the terms discrimination, marginalization, and second-class citizenship. The right to speak English in Cameroon must always be upheld as a fundamental right. To protect the rights of minorities, Cameroon has established a number of laws. Since Cameroon and many other countries have ratified a number of human rights instruments, it is the state's duty to safeguard all the rights guaranteed by these instruments, including those of minorities. As demonstrated by the current crisis, another escalation in that cycle, there are several political systemic deficiencies that need to be closed if Cameroon is to grow as a single nation. Greater localized control over political and financial resources might be necessary to achieve this. In order to better serve the needs of citizens, existing institutions and leadership structures must become more accommodating.

TRACING THE MEANING OF RASTRA SEWAKOTTAMA'S PHILOSOPHY AS A TOOL FOR CONTROLLING VIOLATIONS IN POLICE MANAGEMENT (STUDY AT PALOPO CITY POLICE STATION)

This study aims to reveal the meaning of Rasta Sewakottama in human resource management at Palopo City Police Station. Using qualitative phenomenological methods, this research found that to improve organizational performance, reduce violations of laws and violations of the code of ethics required collective awareness, a sense of responsibility, respect for differences and self-development. This can be achieved optimally by the example of the leader and the ability of the Human Resources unit to place personnel. Formation is done through weekly activities such as spiritual guidance and counseling. In addition, optimization of information systems is used by the National Police to monitor the performance of each personnel. The meaning of the philosophy of Rasta Sewakottama according to the Palopo City Police Chief is the deepest awareness of all police members to carry out state duties as guardians of public order and security. Through this personal awareness, the potential for violating the code of ethics and other violations of the law can be minimized. 

The Alabama Revisited: Some Observations on the Evolution of Rights and Duties of Neutral States in Armed Conflicts under International Law

The paper discusses the concept of neutrality in contemporary international law. The traditional notion of neutrality, stemmed from states’ practice since the 17th century, means the particular status, defined by international law, of a state that is not party to an armed conflict. The basic premise of this notion is, in short, quite straightforward: on the one hand, the neutral state has the right to remain apart from, and not to be adversely affected by, the conflict. On the other hand, the neutral state is under the obligation of non-participation and impartiality. In the 20th and 21st centuries, however, following several treaties and modifications of states’ practice on that matter, the law of neutrality underwent changes and introduced new concepts, e.g. qualified neutrality or non-belligerency. This change, however, has produced only modifications of specific rules of the law of neutrality, not a general abolition of this whole body of law.

KONSEP PEMBINAAN DAN PENGEMBANGAN PROFESIONAL PENDIDIK DAN TENAGA KEPENDIDIKAN

This research aims to foster and develop professional educators and education personnel. The research method used involves literature study, by collecting and analyzing literature related to this topic. In order to realize the success of education, teachers must become human resources (HR) who are the main development priority. Today's increasingly fierce competition requires tenacity, patience, the ability to anticipate, speed and accuracy in thinking and acting so that you can continue to play an active role in the educational process itself. Educational personnel are employees, namely those who fulfill the requirements specified in the applicable laws and regulations, are appointed by authorized officials and are entrusted with other state duties determined based on the applicable laws and regulations. The development of educational staff can be carried out through training and non-training channels, training channels such as continuing education, upgrading, seminar activities, workshops, etc., non-training channels, for example, can take the form of promotions, giving bonuses and incentives, reprimands and punishments

International Health Regulations and Role of State to Protect Health in India with Special Reference to International Health Regulation 2005: a Critical Study

The apt observation by the great philosopher of India, Mahatma Gadhi emphasizes the importance of health and healthy person. The health of any nation is dependent on health of individual and society. The protection of public health is responsibility of state. It ensures the physical and mental wellbeing of individual to enjoy the life to fullest extent. The ill health is root cause for many problems including dirt, disease, poverty etc. The right to health is one of the cherished rights recognized and protected at national and international level. It is responsibility of state to enable every individual to protect health of individual.. There are several international instruments provided for regulation of regulation of health of individual. The International Health Regulations 2005 is adopted by World Health Assembly. It specifically provides for responsibility of state to develop capacity to detect, protect and to respond the public health crisis and risks. It also requires the state to coordinate with WHO on any issue on concern on public health which may create danger to world health. The recent example of CORONA emerged as challenge before the public health which is tackled with coordination and cooperation The present research explores the international health regulation and duties of state with special reference to public health in India. The International treaties and pacts are binding on state once it is signed by state. The signatory state shall implement the obligations created by it. India is signatory to many instruments. This research further explored the laws and measures and health system provided by India for implementation of international health standard as provided by international health regulation. The research critically examined the loopholes in implementation of such regulations. The research concludes that IHR is crucial initiative by WHO to disease surveillance and prevent disease outbreak endangering world health. It suggests that government must strengthen public health system in coordination with organizations like WHO.

LEGAL PROTECTION OF LINGUISTIC MINORITY UNDER DISCRIMINATION: THE CASE OF ANGLOPHONE CAMEROON

The minority English-speaking population in Cameroon, where French is the majority language, has a number of political, economic, and social complaints that collectively make up the "Anglophone problem." These grievances are described using the terms discrimination, marginalization, and second-class citizenship. The right to speak English in Cameroon must always be upheld as a fundamental right. To protect the rights of minorities, Cameroon has established a number of laws. Since Cameroon and many other countries have ratified a number of human rights instruments, it is the state's duty to safeguard all the rights guaranteed by these instruments, including those of minorities. As demonstrated by the current crisis, another escalation in that cycle, there are several political systemic deficiencies that need to be closed if Cameroon is to grow as a single nation. Greater localized control over political and financial resources might be necessary to achieve this. In order to better serve the needs of citizens, existing institutions and leadership structures must become more accommodating.

Направления совершенствования государственной судебной политики в области судебных расходов в контексте доступности правосудия

Court appeal is an integral component of the constitutional right to judicial protection. This paper introduces ways to improve the institution of civil court costs through the prism of justice accessibility. The author studied the optimal mechanisms for paying state fees at civil court; the direct connection between the benefits for the payment of state duty, the principle of justice accessibility, and the right to judicial protection; grounds for granting benefits for the payment of state duty. The author finds it highly undesirable to increase the rates of state duty because this factor can affect the scope of guarantees for judicial protection. However, the current inflation creates prerequisites for an increase in the cost of civil trials for the state, which means expanding the criteria for benefits. A judicial practice analysis revealed no uniformity in the provision of benefits for the payment of state duty but identified the grounds for the application of certain preferential mechanisms. The author proposes to introduce additional guarantees for the right to legal protection, e.g., the institution of financing court costs by a third party, not involved in the case but with guarantees for reimbursement of their costs for financing the trial. The mechanism for investing court costs could be tested in group proceedings.

교육행정에서의 부패에 관한 연구

The year 2023 was notably marked by a significant number or reports of extreme decisions made by teachers. This paper aims to explore the legal aspects of conflicts and corruption within schools as underlying causes, examining the corruption in educational administration from the perspectives of teachers, parents, and students, and proposing directions for improvement. A consensus has formed among the public regarding the severe damage to teachers' authority, and the Ministry of Education has announced policies to alleviate the burden of addressing school violence from teachers by recruiting external experts to handle these issues while protecting students' rights and preventing indiscriminate parental intervention in educational administration. Additionally, the Ministry has proposed measures to prevent extreme decisions by teachers. Among these measures, revisions were made in September 2023 to the Basic Education Act, the Special act on the improvement of teachers’ status and the protection of their educational activities, the Elementary and Secondary Education Act, and the Early Childhood Education Act, with the Special Act receiving the most significant updates. However, continuous legislative improvements are necessary for the faithful fulfillment of the state's legislative duties based on Article 31 of the Constitution. This paper reviews and evaluates the newly revised or established provisions in the Special act on the improvement of teachers’ status and the protection of their educational activities, including preventing unjust dismissal of teachers, expanding the scope of activities considered as infringement upon educational activities, introducing measures against protectors of educational activity infringement, prohibiting the reduction or concealment of such infringements, mandatory reporting of infringements, and the teacher protection indemnity project provisions. Despite the effort and time invested, many aspects were found lacking, leading to the proposal of new amendments. This study also analyzes four proposed amendments to the Teacher Status Law and offers various perspectives on boosting teachers' morale.