System Of Legal Guarantees Research Articles

Analysis of the Construction of the Legal Guarantee System for Public Safety in China

In order to safeguard the public safety and promote the sustainable development of society, it is imperative to construct the legal safety system for public safety in our country. On account of the existing problems in the public safety in our country, we should construct the legal guarantee system for public safety in China starting with improving related laws and regulations of public safety, incorporating standards and plans to prevent safety accident into legislative rules, establishing public safety assessment mechanism and ensuring its implementation, and enhancing the propaganda of public safety legal system and skill training.

СОЦІАЛЬНІ ГАРАНТІЇ ЯК ЕЛЕМЕНТ ЕФЕКТИВНОЇ СОЦІАЛЬНОЇ ДЕРЖАВИ

The article examines current problems related to the consolidation of the status of Ukraine as a social state at the constitutional level. The model of the social state is currently not legally fixed, and the possibility of its definition and construction cause some discontent. The social situation brings to the fore the tasks of overcoming the crisis, rather than creating high standards of protection for people that are typical of social States. Attention is drawn to the need to unify the approach to understanding the term "guarantees of human and civil rights and freedoms", since this state of Affairs negatively affects the creation by the state of a powerful legal mechanism for implementing social guarantees that Ukraine has assumed. It is noted that social standards and guarantees are extremely important for the implementation of state policies to ensure that people are provided with material goods and services, as well as appropriate financial resources. It is argued that a system of legal guarantees, both national and international, is essential for the realization of the human right to social protection. It is clear that the absence of an integrated system of state social standards in Ukraine carries significant risks. The author points out some problems that affect the social security of citizens and the reduction of their social security, as well as the need to create an effective system of social guarantees in a short time. It is emphasized that there are serious problems in the use of state budget funds, which, as a rule, 1 provide social guarantees, the need to attract non-budgetary (non-government) funds.

Providing Criminological Security of Minors at the National Level

The article discusses issues related to the provision of criminological security of minors at the national level. The Author analyzes the normative legal basis and main directions of activity of subjects of prevention of the violation of child rights in the Russian Federation. The Author believes that the current system of legal guarantees of criminological security of minors not fully meet modern requirements of protection of rights, freedoms and legitimate interests of adolescents. In particular, the legislation of the Russian Federation is largely focused on protecting the interests of disadvantaged segments of the population, including minors, being in socially dangerous position. It is proposed to improve the existing legislation through the adoption of a new federal law “The bases of the system of prevention of offences and security of minors”, which will be an important step towards building a legal state.

The European Arrest Warrant and Domestic Legal Orders. Tensions between Mutual Recognition and Fundamental Rights: The Italian Case

This article presents and discusses some recent decisions on the European Arrest Warrant by the Italian higher courts, the Constitutional Court and the Court of Cassation. Though not as challenging to the EAW as the ‘first round’ of European judgments of 2005, they bring however some interesting developments on aspects concerning the enforcement of EAW and domestic provisions related to fundamental rights protection. Secondly, these cases allow analysis of mutual recognition, the principle underlying the whole EAW system. A first element stressed here is the importance of dialogue among European actors on third pillar instruments and more generally subjects involving criminal law and justice administration. Secondly, it is suggested here that there are several views on the EAW and mutual recognition. Analysis of Italian case law reveals that domestic courts are faced with the issue of enforcing EAW and securing fundamental rights protection; in so doing, they remain anchored in the domestic system of legal guarantees, which could lead to divergent solutions across European states. The suggestion made is that mutual recognition requires an active role to be played by courts, that it has systemic implications, and that it requires domestic courts to be able to exercise some political discretion, not so different as under extradition schemes.