Yearly journal of scientific articles “Pravova derzhava”最新文献

{"title":"Lawmaking – separate ontological and epistemological principles","authors":"O. Bohinich","doi":"10.33663/1563-3349-2022-33-164-173","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-164-173","url":null,"abstract":"The article considers the infl uence of ontological and epistemological principles of law on law-making processes. In the context of this approach, modern views of scholars on the problems of ontology of law are studied. In particular, it is argued that real social relations, which in the process of human development have acquired legal features (became a source of law), are the basis of law, ie the existence of law is based\u0000on the real material world in its social dimension. In other words, the ontology of law has its material mode of existence. At the same time, today the law is understood not only as a mold of material relations, which through the rules of law aff ects social relations, but law is also considered as certain matrices (images of law) in the minds of individuals who creatively apply them in assessing relations. as legal.\u0000Based on the above, it is logical to conclude that the existence of law in addition to its material form (social relations) has at the same time an ideal form – legal awareness. That is, the thesis of the ideal mode of ontology of law has the property of scientifi c truth, as well as its opposite in content thesis. In other words, we can state that the existence of law exists in both its ideal and material form. Thus, we observe a certain synthesis of these two approaches to understanding the existence (ontology) of law.\u0000This conclusion has an important methodological nature for lawmaking, as the latter is a specifi c epistemological means of theoretical refl ection of legal reality, which exists in two modes - material and ideal. Material and ideal modes direct the legislator (in the broad sense of the term) to search for those social relations that are characterized primarily by their typicality and longevity. The second step will be to verify their compliance with basic legal values, as it is known that illegal relationships between certain individuals and their groups can also be long-term and typical. The ideal mode of existence of law involves the presence in the human mind of certain matrices (images of law). In particular, the latter include such legal values as goodness and justice.\u0000Despite a certain relativism of these concepts, given their historical nature, it can be argued that they are a guide in giving certain relationships (patterns of behavior) the nature of legal. In this regard, the task of the legislator in the mediation of social relations will be to fi nd in the material and / or spiritual spheres of existence of the right of its own values and further implementation of the found in real social relations\u0000through appropriate lawmaking procedures.\u0000\u0000Key words: ontology of law, epistemology of law, phenomenology of law, material and ideal modes of existence of law.","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"182 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114419597","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Мain Trends in Ukrainian Labour Legislation in the Context of the Digital Economy","authors":"Y. Simutina","doi":"10.33663/1563-3349-2022-33-421-433","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-421-433","url":null,"abstract":"Introduction. The problem of dissemination and application of digital technologies in the fi eld of labour has been extremely relevant over the past decade. The development of the digital economy inevitably leads to a profound transformation of the labour market. Traditional labour relations, the content of which is mostly indefi nite, are replaced by non-standard forms of employment, short-term employment contracts, fl exible working hours and performance, employees remotely from the location of the employer are becoming common practice.\u0000The aim of the article is to clarify the features of the transformations taking place in the fi eld of labour under the infl uence of digital technologies, as well as to outline the main trends in Ukrainian labour legislation in the context of digitalization.\u0000Results. The aurhor focuses on the legal regulation of remote and home-based work, the introduction of electronic document management in labor relations, including personnel. The latest legislative changes that contributed to the introduction of electronic employment record books and electronic sick lists are analyzed. Particular focus has been placed on the study of a new model of non-standard employment on the basis of gig contracts within the digital platform “Diia City”, introduced by the Law of Ukraine «On Stimulating the Development of the Digital Economy in Ukraine».\u0000Conclusions. It has become clear today that the development of labour legislation in Ukraine is much slower than digital technologies capture both the labour market and our daily lives. The digitalization of the economy challenges modern labour legislation, which should not stand in the way of information technology progress and the introduction of new information technologies in labour relations, with the advent of which work becomes less tied to workplace and time, and gives greater autonomy to the employee.\u0000However, there are other problems, such as limiting the employer’s interference in the employee’s private life, especially in the context of the employee’s right to rest or so-called disconnection (the right not to be in touch during non-working hours). Thus, improving the mechanism of legal regulation of individual and collective labour relations, revision of their theoretical structures and characteristics, as well as the problem of providing all workers, regardless of employment, including informal employment, bogus self-employed, working on online platforms, the minimum of labour and social rights in the realities of the digital economy is of growing importance in the digital economy.\u0000\u0000Key words: digitalization, transformation of labour relations, remote work, electronic document management, electronic employment record book, electronic sick list, digital platforms, gig contract, gig specialist.","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"157 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127369478","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Constitutional and legal aspects of institutional and legislatives upport for territorial governance reform","authors":"M. Pukhtinsky","doi":"10.33663/1563-3349-2022-33-301-313","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-301-313","url":null,"abstract":"The current stage of transformation of the territorial organization of power, territorial governance requires a study of constitutional and legal issues of institutional and legislative support for structural and functional changes in the system of local public authority. In view of this, it is important to study the processes of renewal, innovative mechanisms of legal resource provision of reform, to identify problematic aspects of the legislative and executive bodies, ways to improve institutional and legislative support for territorial governance.\u0000Institutional and legislative support of the territorial organization of public authority, territorial governance are essential elements of the implementation of good governance in the country. Therefore, their study in the constitutional and legal discourse is of great doctrinal interest.\u0000The purpose and objectives of the study are constitutional and legal intelligence of the formation of eff ective mechanisms for institutional and legislative support of territorial governance.\u0000Institutional support consists in creating the organizational basis of the transformation process, building its organizational structure and includes bodies that directly direct and coordinate the reform process. With the help of legislative support, a legal mechanism for the transformation of territorial governance is being formed. \u0000Legislative support is designed to legally regulate relations in the fi eld of transformation of territorial governance: reforming the territorial organization of public authority, the administrative-territorial structure of the country. It is carried out by various actors in the legislative process. It is expedient to think not only about the «municipal» legislative provision, ie the provision of local self-government, but also about the legislative support of the entire system of territorial government.\u0000The formation of adequate legal and legislative support for territorial governance depends primarily on the eff ective work of parliament as a leader in constitutional and legal regulation of governance and territorial governance, inventory of current problems of constitutional and legal regulation of public authority and outlining the transformation of constitutional and legal regulation. in Ukraine.\u0000The work on internal reform and increasing the institutional capacity of the Verkhovna Rada of Ukraine should be used in relation to the development and improvement of lawmaking in the fi eld of legislative support for the transformation of territorial governance.\u0000Renewal of territorial governance has recently faced a number of challenges. It is worth listening to the warnings of experts on current problems of decentralization related to the subregional level of territorial government, lack of representation in rural self-government bodies due to politicization of the electoral system and devaluation of the old age, and attempts to introduce a new system of local government legislation. in the form","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125452437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The parliament in the system of the modern Ukrainian constitutionalism: issues of theory and practice","authors":"","doi":"10.33663/1563-3349-2022-33-290-300","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-290-300","url":null,"abstract":"Modern Ukrainian constitutionalism is a complex political and legal system in the functioning of which the parliament plays an important role. Considering that constitutionalism is a goal of constitutional-legal transformations that have been taking place in Ukraine since its rebirth as a sovereign and independent state in 1991, the study of its formation does not lose its signifi cance. At the same time, within the availability of serious conceptual developments, there is a lack of scientifi c and practical researches on the role and importance of the parliamentarism institute in the constitutionalism system. Moreover, this problem is actualized by the necessity of the further development of the Ukrainian Parliament. Thus it is necessary to continue the parliamentary reform to increase the institutional capacity of the Verkhovna Rada of Ukraine, improve the parliamentary control and legislative process that aims to establish modern Ukrainian constitutionalism. All of this constitutes a problem, solving of which predetermines the necessity of appropriate scientifi c researches and forms the purpose of the article.\u0000The purpose of the article is to defi ne the doctrinal concept of the role (functions) and signifi cance of the Parliament in the system of constitutionalism and solve the current issues of the constitutional and legal practice of the functioning of the domestic Parliament in the context of the establishment and development of modern Ukrainian constitutionalism.\u0000As a result of the scientifi c and practical study performed, the conclusion has been made that the Parliament as the main institute of modern parliamentarism has the signifi cance of the universal phenomenon of the system of modern Ukrainian constitutionalism. This has been predetermined by the fact that the Verkhovna Rada of Ukraine in the constitutionalism system performs the following functions: forms the normative basis of the modern constitutionalism through the execution of its powers, i.e. bringing changes to the Constitution of Ukraine and the adoption of laws, which are necessary to implement the principles and mechanisms of functioning of the constitutionalism system in the constitutional-legal reality; it also promotes the establishment of the constitutional legality and the constitutional legal order, which are the constituent elements of the constitutionalism system, by exercising its control powers (exercising parliamentary control); it protects the rights and freedoms of a man and citizen through the functioning of the Ukrainian Parliament Commissioner for Human Rights and thereby contributes to the establishment of the constitutional legal human freedom, i.e. the goal of the modern Ukrainian constitutionalism.\u0000\u0000Key words: parliament, parliamentarism, modern Ukrainian constitutionalism, law-making, parliamentary control.","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131860812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Problems of criminalization of cyberterrorist encroachments","authors":"V. Kubalskiy","doi":"10.33663/1563-3349-2022-33-488-497","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-488-497","url":null,"abstract":"This research is aimed at identify the main ways to improve the criminal legislation of Ukraine in the fi eld of counteracting cyberterrorism. The most precise attention is focused on considering of scientists’ proposals, as well as bills dealing with the criminalization of acts of cyberterrorism. The research is based on results of the analysis of the norms of criminal codes of some foreign states in the fi eld of counteracting acts of cyberterrorism.\u0000Terrorist activities in cyberspace in the context of globalization and the widespread use of information and communication technologies pose a serious threat to the security of any state and necessitate countering this phenomenon. It is impossible to properly сounteract the manifestations of cyberterrorism (in the scientifi c literature it is sometimes called «electronic», «information», «computer» terrorism) as a new type of terrorism without understanding its nature, modern forms and trends.\u0000The author consider that confi rming the position on the need for legislative regulation of criminal responsibility for cyberterrorist acts, we note that the proposed idea meets the grounds and criteria for criminalization, which are developed in the science of criminal law. The criminalization of all forms of terrorist activity without exception and their qualifi cation as terrorist crimes is a necessary precondition for the organization of proper counter-terrorism. A similar recent trend in European countries is in favor of such a solution. The cyber-terrorist acts committed in our state must be qualifi ed under Article 258 «Terrorist act» of the Criminal Сode of Ukraine.\u0000The study contains proposals to change the provisions of the current Criminal Code of Ukraine and its new draft, aimed at improving counteracting acts of cyberterrorism. The adoption of the rule in the proposed wording will contribute to a more eff ective response to acts of cyberterrorism, has a certain preventive potential, and also demonstrates the correct understanding by the legislator of the level of public danger of the analyzed acts.\u0000\u0000Key words: criminalization, cyberterrorism, act of cyberterrorism, cyberspace.","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133686775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Features of the legal regulation of the loan agreement under the civil law of the states, which included the lands of Western Ukraine in the period from 1918 to 1945","authors":"I. V. Plavich","doi":"10.33663/1563-3349-2022-33-602-609","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-602-609","url":null,"abstract":"The author examines the legal regulation of the loan agreement under the civil law of the states in which the lands of Western Ukraine were in the period from 1918 to 1945 (Czechoslovak Republic, Republic of Poland, Kingdom of Hungary, Kingdom of Romania). Describing the provisions of civil law governing the loan agreement, which operated in the period from 2018 to 1939 in the lands of Transcarpathia, which were part of the Czechoslovak Republic until 1939, the author examines the rules of the General Civil Code of Austria (1811). country in the absence of its own civil code. In turn, examining the provisions of civil law governing the loan agreement, which operated from 2018 to 1939 in the lands of Eastern Galicia and Western Volhynia, the author argues that in the fi rst years since the restoration of Polish independence in the lands of Eastern The General Civil Code of Austria (1811) continued to apply in Galicia and Western Volhynia. However, in 1933, Poland adopted the Mandatory Law of the Republic of Poland, which further regulated the loan relations for the incorporation of the lands of Eastern Galicia and Western Volhynia into the USSR.\u0000Characterizing the provisions of civil law in force in the period from 1939 to 1945 in Transcarpathia, which were part of the Kingdom of Hungary, it should be noted the following. Since, historically, the General Civil Code of Austria (1811) did not apply in Hungary, with the restoration of Hungarian state independence in 1918, the basis of its civil law was case law and customary law, supplemented by some written laws.\u0000Attempts to codify civil law in the interwar period were unsuccessful, as the draft of the Central Committee of the Kingdom of Hungary (1928) did not enter into force.\u0000However, in the absence of direct systematic legislative regulation of civil law relations in judicial practice, the provisions of the Draft Central Committee were used to regulate loan relations in the lands of Transcarpathia, which were part of the Kingdom of Hungary until 1945. The author also argues that in the territory of Northern Bukovina in the period from 1918 to 1940, loan relations were regulated by the Central Committee of the Kingdom of Romania (1864).\u0000The aim of the article. Based on the analysis of civil law of the states in which the lands of Western Ukraine were in the period from 1918 to 1945 (Czechoslovak Republic, Republic of Poland, Kingdom of Hungary, Kingdom of Romania) comprehensively investigate the legal regulation of the loan agreement in Western Ukraine in the period from 1918 to 1945.\u0000Results. The norms of the Obligatory Law of the Republic of Poland (1933) were more designed for the needs of developed civil turnover, because unlike the Central Committee of the Kingdom of Hungary (1928) and the Central Committee of the Kingdom of Romania (1864) the law was developed / adopted (1929), was more designed for the existence of loan relations in the context of infl ation, and in its content and level of","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134312132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Parliamentarism as a phenomenon and category of modern constitutional law","authors":"O. Batanov","doi":"10.33663/1563-3349-2022-33-278-289","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-278-289","url":null,"abstract":"The conceptual problems of the formation of the national doctrine of parliamentarism are highlighted. Stating the fact that the most multifaceted and complex problem is the establishment of representative democracy in Ukraine and the optimal form of organization of state power, it is proposed to strengthen the doctrinal foundations of modern parliamentarism in the national constitutional science and education.\u0000Analyzing the complex of essential and substantive characteristics of parliamentarism as a phenomenon of modern constitutional law, promising directions for the development of the doctrine of parliamentary law and process are determined. The synergistic relationship between the theory of modern parliamentarism, the principles of representative democracy and the fundamental institutions of the constitutional system is shown. It is proved that parliamentarism as a socio-political phenomenon is one of the most important achievements of civilization. Parliamentarism is directly related to the recognition and realization of the values and principles of constitutionalism and people’s sovereignty, the priority of human rights, the constitution of institutions of representative democracy and the idea of parliamentary supremacy in the system of public authorities. \u0000It is argued that in order for parliamentarism to function eff ectively, effi ciently and effectively, it is necessary not only to form but also consistently implement a system of legal principles and norms, functionally teleologically oriented and structurally defined and designed for its material and procedural support. This task is assigned primarily to constitutional law as a fundamental branch of national law, substantively formalized and functionally implemented in one of its subsectors, which is traditionally parliamentary law, which, in turn, is rightly considered the legal basis of parliamentarism. It is stated that parliamentarism is not an attribute, criterion or result of a purely\u0000parliamentary form of government. As a result of democratic organization of sociopolitical life, a form of realization of the principles of people’s sovereignty, democracy, separation of powers and rule of law, political and ideological pluralism, parliamentarism in the synergistic unity of its axiological, ontological, functionalteleological, institutional and other components. (so-called parliamentary-presidential or presidential-parliamentary), and the presidential form of republican organization of the state, as well as parliamentary or dual monarchies. Given this, parliamentarism is a unique phenomenon and a universal phenomenon in the system of modern constitutionalism and democratic statehood, inherent in various forms of government.\u0000The author draws attention to the civilizational and historical context of parliamentarism. Understanding both the historical and modern experience of the organization and activities of state power, its interaction with civil society, through the prism of a civili","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129982762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The constitutional and legal mechanism of implementation and protection of human rights and freedoms in war conditions: world experience and Ukraine","authors":"Oleksandr Skrypniuk","doi":"10.33663/1563-3349-2022-33-11-20","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-11-20","url":null,"abstract":"The article examines the national and international constitutional and legal mechanisms for the implementation and protection of human rights and freedoms in the conditions of war, which contain regulatory and institutional components. The national mechanism includes an ordered system of constitutional and legal forms of means and measures. The international legal mechanism forms a whole complex of international legal means and institutions to ensure the implementation of international legal norms in the fi eld of human rights. The latter is formed by two interrelated and mutually conditioned components – international normative and legal (conventional) and international organizational and legal (institutional).\u0000National and international mechanisms for the implementation and protection of human rights and freedoms are endowed with the ability to change and acquire diff erent dimensions and features depending on the conditions of their implementation (in peace or war). During war, the use of mechanisms depends on determining the nature of the confl ict.\u0000The article analyzes national and international legislation aimed at the realization of human rights and freedoms in the conditions of Russia’s large-scale aggression against Ukraine. Emphasis is placed on the specifi cs and features of the regulatory framework of the national mechanism; the list of rights from which the state withdraws in the conditions of the declaration of martial law and the list of human rights that are\u0000not subject to restrictions in the conditions of war are investigated.","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"207 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121096154","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Aggression of the Russian Federation against Ukraine and international law","authors":"O. V. Skrypniuk","doi":"10.33663/1563-3349-2022-33-102-113","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-102-113","url":null,"abstract":"","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115330717","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Ensuring certain rights and freedoms of suspects (accused) in criminal proceedings: problems of theory and practice","authors":"A. Landina, A. Nersesian","doi":"10.33663/1563-3349-2022-33-498-506","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-498-506","url":null,"abstract":"Guarantee of protection of human rights and freedoms (suspect, accused), including those with certain mental anomalies, means that the judiciary is able to protect human rights and interests to the extent provided to him in view of the function performed. However, the requirements of national and international legal acts to ensure human rights and freedoms, including the right to judicial protection, are not always properly enforced in criminal proceedings.\u0000The purpose of this study was to determine the rights and freedoms of the suspect (accused) in criminal proceedings, including those with mental anomalies that may be violated, and to make recommendations for improving the mechanism for applying restrictions on such rights and freedoms.\u0000The study allowed us to draw the following conclusions: restrictions on the rights and freedoms of people who have committed a criminal off ense regulated by national and international legal acts do not violate these rights and freedoms in essence if they correspond to the gravity of the crime and the public danger of the perpetrator; any court decision that determines the type and amount of punishment or provides for the application of other criminal law measures must be clearly defi ned, based on expert opinions (in particular, forensic examinations in case of coercive measures of a medical nature) and comply with the principles of law and justice. and humanism; the mechanism for ensuring the rights and freedoms of persons suspected (accused) of committing a crime in criminal proceedings must meet the needs of modernity, constantly improve and operate on the basis of human-centeredness.\u0000This study opens the prospect of further work in this direction in order to improve the mechanism of application of restrictions on human rights and freedoms in criminal proceedings.\u0000\u0000Key words: human rights and freedoms, criminal proceedings, right to protection, persons with mental anomalies, suspect, accused.","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131465017","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}