Authors:Oksana Brusakova, Oleksandra Karmaza, Viktor Vasylenko, Vita Moroz Pages: 29 - 41 Abstract: Every society needs the recognition and protection of the rights of its citizens, and this becomes more proper for every administration in respecting this protection for the common good of its society. In this article, international experience of protecting private rights in the sphere of public administration has been analyzed. On the basis of the researched information the authors have provided concrete ways of implementing the specified international experience into domestic state and his legal system. The essence and characteristic features of legal ways to protect the legitimate interests of private individuals within public relations have been clarified among other things. The genesis of the development of the ways to protect private rights in the sphere of public administration has been analyzed. Particular attention has been paid to the insufficient capacity of Ukraine to ensure the inviolability of private rights, freedoms and interests of the entities of public legal relations, compared to the developed countries of Western Europe and North America. At the same time, the emphasis has been made on the gradual increase in the level of democracy and the rule of law in Ukraine over the last 20 years. It has been claimed that a special “acceleration” of the indicated reforms took place immediately after two socially important events, namely the Orange Revolution of 2004 and the Revolution of Dignity of 2013-2014. However, the so-called “energy fervor” gained at the beginning of the reform is slowing down in Ukraine. PubDate: 2022-02-01 DOI: 10.31207/ih.v11i1.294 Issue No:Vol. 11, No. 1 (2022)
Authors:Hennadii Yevhenovych Bershov, Oksana Anatolyevna Hrytenko, Vadym Heorhiiovych Khashev, Mykhailo Ihorevych Fialka Pages: 43 - 60 Abstract: The general legal characteristics of war crimes allow to comprehensively study the indicated acts, to understand their essence, which in turn should facilitate and improve the quality of criminal qualification of criminal offenses against performing the established procedure of active service. The need to form general legal characteristics of war crimes is due to the fact that the sphere of public relations related to active service is intersectoral, since it is simultaneously regulated by the norms of various branches of law. The authors have found out the main features of war crimes and have carried out their characteristics by determining the specific features of their regulation both by criminal and other branches of law. The authors have provided an analytical basis for this in order to evaluate the provisions of regulatory legal acts regulating the procedure of active service and determine the main features of war crimes. The findings of the research was that war crimes infringe the statutory order of performing active service, and the subjects of such illegal acts are military personnel, persons liable to military duty and personnel with reserve obligations during the battle assembly. The general legal characteristics of war crimes is formed taking into account criminal and legal features of the specified criminal offenses and defines specific features of active service; the established procedure for performing active service; military personnel, persons liable to military duty and personnel with reserve obligations during the battle assembly as subjects of crime. PubDate: 2022-02-21 DOI: 10.31207/ih.v11i1.295 Issue No:Vol. 11, No. 1 (2022)
Authors:Yana Koniushenko, Nataliia Opanasenko, Anton Mariienko, Oleh Melnyk Pages: 61 - 74 Abstract: Even though it becomes the responsibility of crime official to carry out the investigative phase so as to established commission, such procedure should be done by respecting the fundamental right of everyone. A person’s examination within criminal proceedings belongs to a range of investigative actions of restrictive nature. In this regard, the respect of human rights and freedoms becomes especially relevant during its conduction. According to experience in this field, law enforcement officers have questions on determining the subjects of this procedural action, the limits of applying coercion and the involvement of attesting witnesses. Systematic analysis of the Art. 241 of the Criminal Procedural Code of Ukraine demonstrated that the provisions set out in this Article are not sufficiently clear. That gives origins to the violations of human rights and freedoms. The authors have made a categorical conclusion about the need to improve the current regulations of the procedure for conducting examination within criminal proceedings. According to the results of the research, the authors have introduced scientifically sound proposals to improve the Ukrainian legislation concerning the procedure for conducting the investigation process. PubDate: 2022-03-01 DOI: 10.31207/ih.v11i1.296 Issue No:Vol. 11, No. 1 (2022)
Authors:María Luisa Azanza Torres Pages: 75 - 106 Abstract: This paper intends to show, the current state of the principle of equality and non-discrimination in the current precedents issued by the Ecuadorian Constitutional Court. For this purpose, we analyze the rulings on this matter by the Ecuadorian Constitutional Court since 2008 when the new Constitution was released. There are several articles throughout the current Constitution regarding equality and non-discrimination, and they are wide and open for interpretation. This has motivated different approaches by the judges that have not been able to reach to a uniform decision-making argument in the first rules about this matter. This study provides evidence of the evolution of precedents concerning concepts such as suspect categories and levels of scrutiny in the context of equality and non-discrimination standard. We also have compared this standard test with precedents issued by other foreign and international Courts. Based on this analysis, we have determinated the current equality and non-discrimination standard and its scope and limitations. PubDate: 2022-04-04 DOI: 10.31207/ih.v11i1.297 Issue No:Vol. 11, No. 1 (2022)
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