scholarly journals THE ROLE AND PLACE OF ADVOCACY IN THE STATE

2020 ◽  
Keyword(s):  
Justice System ◽  
Fair Trial ◽  
The State ◽  
Professional Organization ◽  
Criminal Prosecution ◽  
Legal Assistance ◽  
Main Research ◽  
The Right ◽  
High Level

Introduction. The article is devoted to the issue of determining the role and place of the bar in the state. The urgency of this issue was a consequence of the adoption in June 2016 of the Law of Ukraine "On Amendments to the Constitution of Ukraine (regarding justice)" of 02.06.2016 № 1401-VIII. Summary of the main research results. According to which the Constitution of Ukraine was supplemented by Article 131-2, which stipulates that the bar operates in Ukraine to provide professional legal assistance, and only a lawyer represents another person in court, as well as protection from criminal charges, except in certain cases. Thus, the bar, together with the prosecutor's office, was included in the justice system. Thus, the bar becomes one of the key elements of the justice system in Ukraine, as the most important constitutional function of the bar is to ensure the right to protection from criminal prosecution and representation of individuals and legal entities in court. By delegating the relevant function of the bar, the state must ensure a high level of professional legal assistance provided by lawyers, which, in turn, has a significant impact on the quality of justice and the exercise of the right to a fair trial. By delegating the relevant function of the bar, the state must ensure a high level of professional legal assistance provided by lawyers, which, in turn, has a significant impact on the quality of justice and the exercise of the right to a fair trial. At the same time, the Constitution of Ukraine provides for the independence of the bar, and the current Law of Ukraine "On Advocacy and Advocacy" generally indicates that the Bar of Ukraine is a non-governmental self-governing institution. Conclusions. The Ukrainian Bar is a professional public association. The National Bar Association of Ukraine is recognized as a non-governmental non-profit professional organization. In turn, the bar is endowed with public law functions, and the inclusion of non-state actors in the system of public power is designed to create an effective mechanism of public control over the activities of the state.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals Powstanie krakowskiej Wyższej Szkoły Pedagogicznej i próba jej przyłączenia do Uniwersytetu Jagiellońskiego w 1956 roku

2020 ◽  
pp. 167
Author(s):  
Wanda Łuczak
Keyword(s):  
Teacher Training ◽  
The State ◽  
University Curriculum ◽  
Teacher Training College ◽  
Training Schools ◽  
The Right ◽  
The University ◽  
Ministry Of Higher Education ◽  
Second World

Establishment of the National Higher Teacher Training College (WSP) and an attempt to merge it with the Jagiellonian University in 1956 After the Second World War, the Jagiellonian University lost its autonomy and the state authorities destroyed its structures by separating the departments and creating new universities out of them. Independently, in 1946, the National Higher Teacher Training College in Krakow was established. In 1954, it received the right to run a master’s course. The quality of education in WSP was assessed negatively by the Jagiellonian University. In turn, the WSP authoritiesclaimed that their school provided better training for future teachers. At the beginning of the 1950s, some reservations were voiced as to the grounds for the existence of higher teacher training schools due to overlaps with the university curriculum. In 1956, the state authorities decided to close some of these colleges. WSP was to be merged with the Jagiellonian University. A meeting was organized at the Jagiellonian University in April 1956, where representatives of the Ministry of Higher Education, the Jagiellonian University and WSP discussed the merger. However, the meeting didn’t yield the expected results due to the firm objection on the part of WSP. The opportunity to strengthen the Jagiellonian University’s position by merging with WSP was ultimately lost.

9. Article 6: The right to a fair trial

2018 ◽  
Author(s):  
David Harris ◽  
Michael O’Boyle ◽  
Ed Bates ◽  
Carla Buckley
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
Public Hearing ◽  
Legal Assistance ◽  
Criminal Cases ◽  
Reasonable Time ◽  
Criminal Charge ◽  
The Right

This chapter discusses Article 6 of the European Convention on Human Rights, which guarantees the right to a fair trial in both criminal and non-criminal cases. In all cases, it guarantees the right to a fair and public hearing trial within a reasonable time by an independent and impartial tribunal established by law. There are particular guarantees for persons subject to a criminal charge, including the right to be presumed innocent, to be informed of the charge, to adequate time and facilities to prepare the accused’s defence, to legal assistance, to examine and cross-examine witnesses, and to an interpreter.

scholarly journals The ‘Equality Of Arms’ In Macedonian Criminal Procedure

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 123-130
Author(s):  
Olga Kosevaliska
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Case Studies ◽  
Justice System ◽  
Criminal Procedure ◽  
Core Values ◽  
Fair Trial ◽  
Public Hearing ◽  
The Core ◽  
The Right

Abstract The right to a fair trial is implemented in our criminal procedure and is one of the core values of our criminal justice system. This right is absolute and can’t be limited on any legal base. Its essence is fair and public hearing by an independent and impartial court with guaranteeing of all the minimum rights of the defendant. One of those minimum rights is the right of equity of arms between the parties, the prosecutor and the defense. In our Law on Criminal Procedure, it is provided that the defense has the same rights and duties as the prosecutor except those rights that belong to the prosecutor as a state authority. Therefore, the purpose of this article is elaborating the right of ‘equity of arms’ and its misunderstanding in practice. Hence, we intend to show some case studies in which some evidence are not considered by the court just because they are not proposed by the prosecutor and they are crucial for the verdict.

Citizenship V. Territory: Explaining the Scope of the Criminal Law

2010 ◽  
Vol 13 (2) ◽  
pp. 427-448
Author(s):  
Alejandro Chehtman
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Fair Trial ◽  
The State ◽  
Universal Jurisdiction ◽  
Collective Interest ◽  
International Crimes ◽  
The Right ◽  
Meaningful Role ◽  
Antony Duff

Antony Duff and his coauthors have influentially argued that citizenship plays a central role in accounting both for the way in which the state makes individuals criminally responsible for certain wrongs and for calling them to answer for their wrongs. This paper takes issue with this citizenship-based understanding of the scope of the criminal law. It argues that Duff's model of civic criminal liability faces difficulties in explaining states' right to punish foreigners for crimes committed on their territory, and sits very uncomfortably with states claiming universal jurisdiction over international crimes. In contrast, it advocates a territorial conception of the criminal law. It suggests that to account for the allocation and scope of the right to punish, we need to look at the (collective) interest of those individuals who actually are in the territory of a particular state, not merely its citizens. Finally, it examines whether the notion of citizenship plays any meaningful role in a convincing account of the authority of the state to try an offender. Contra Duff and others, it argues that this authority rests exclusively on defendants receiving a fair trial and a verdict based on reliable evidence.

scholarly journals Development of domestic tourism in the context of a pandemic

2021 ◽  
Vol 128 ◽  
pp. 01004
Author(s):  
E.G. Efimova ◽  
N.A. Levochkina ◽  
B.E. Khabibullina
Keyword(s):  
Quality Of Life ◽  
Life Expectancy ◽  
State Level ◽  
Well Being ◽  
Tourism Industry ◽  
The State ◽  
Important Indicator ◽  
Domestic Tourism ◽  
High Level

Preserving the health of the population occupies a special place at the legislative level, in the socio-economic strategies for the development of regions and the country as a whole. The preservation of human health depends not only on one’s own desire to preserve it, including the current state of the state and the development of the country’s tourism industry. Recreation and recreation for modern people, who mainly live in cities and megacities characterized by a high level of pollution due to the intensity of economic activity, are of particular importance for maintaining health and life expectancy. An increase in people’s life expectancy is considered at the state level as an important indicator of people’s well-being, improving the level and quality of life. Russia has created unique conditions and opportunities for the development of domestic tourism, which, with reasonable organization, investments, including the creation of public-private partnerships, and improving the efficiency of services provided, allow us to carry out our activities in the field of preserving and maintaining public health, increasing the duration and quality of life. Domestic Russian tourism can be considered as the basis for the socio-economic development of territories at any level, as well as as an industry whose contribution to the country’s GDP can be significant.

scholarly journals ROLE FORENSIC TRADE ANALYSIS WHILE HEARING CONSUMER PROTECTION CASES

2019 ◽  
Vol 19 (1) ◽  
pp. 406-416
Author(s):  
O. Dontsova ◽  
G. Sich
Keyword(s):  
Consumer Protection ◽  
Human Life ◽  
Poor Quality ◽  
The State ◽  
The European Union ◽  
Goods And Services ◽  
Consumer Rights ◽  
Major Player ◽  
The Right

This article content is aimed at characterization of urgent problematic issues, which are connected with determining the place of forensic expertise in cases related to the protection of consumer rights and the development of ways of solving emerging problems. The article emphasizes that in accordance with the current legislation, consumers have the right to protect their rights to the necessary quality, safety of goods and services, as well as the right to compensation for losses caused by goods of inadequate quality, dangerous to life and health, etc. It is determined that the main control in the sphere of trade is exercised by the State Service for Product Safety and Consumer Protection, and it is established that the problems are the inability of this service to carry out an instant check on a consumer complaint of a particular point of sale. At the present stage, the problem of citizens' rights including rights in the sphere of consumption, is extremely urgent, because accession of Ukraine to the European Union requires the application of European standards of product quality. In developed country, the consumer is a major player in market relations, which is focused on the production and improvement of the quality of goods and services. The application of sanctions to sellers, manufacturers of poor-quality products does not always give the necessary effect, because usually an unscrupulous manufacturer (seller, executor) pays a fine and continues to provide poor quality services, to supply products that are dangerous to life and health. Important factor in improving the quality of products and services provided is the legal knowledge of consumers themselves in protecting their rights. Consumer rights have a prerogative over the rights of sellers and producers, since human life and health under the Constitution of Ukraine is a fundamental value of the state. The authors described the actions that the consumer should take to protect their violated rights, and emphasized that in cases where the consumer seeks to restore justice for this issue, he should ask an expert institution to perform a forensic trade research.

scholarly journals The Politicization of Society and the Religious Issues in Modern Russia

2020 ◽  
Vol 22 (4) ◽  
pp. 647-663
Author(s):  
Vasily K. Pinkevich
Keyword(s):  
The State ◽  
Private Life ◽  
Russian Society ◽  
Ruling Class ◽  
Extensive Discussion ◽  
Religious Policy ◽  
Special Cases ◽  
The One ◽  
The Right ◽  
High Level

The purpose of the article is to trace the connection between the change in the religious policy of the state and the anti-clerical protests of the 2016-2020s. Statements against Church restitution and the construction of churches have caused extensive discussion, which has given rise to a number of contradictory, sometimes mutually exclusive interpretations. According to the author, the reason for these protests was not private reasons, but deeper reasons related to the religious policy of the state. The author pays special attention to changes in religious legislation, which led to increased control over the private life of citizens and infringement of the right to freedom of ideological choice. The article points out that the religious issue has divided Russian society: the ruling class on the one hand, and a significant part of citizens on the other, have become increasingly different in understanding the place and role of religion in the life of the country. According to the author, the protests in Yekaterinburg, St. Petersburg, and Moscow were special cases of numerous manifestations of politicization of society and growing dissatisfaction with the state of state-confessional relations in modern Russia. The author concludes that the degree of conflict, the high level of solidarity actions, a diverse and resonant series of events, as well as the level of ideological discussion allow us to classify these events as political and plebiscite.

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