Visegrad Journal on Human Rights最新文献

{"title":"Invocation of the educational ombudsman as a legal instrument for the protection of non-proprietary personal rights","authors":"Halyna Voloshyn","doi":"10.61345/1339-7915.2024.2.19","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.19","url":null,"abstract":"This scholarly paper investigates the application of self-defense as a legal mechanism designed specifically to safeguard the civil rights of participants within educational settings, with a special focus on minors. The study meticulously outlines the operationalization of self-defense, delving into its procedural subtleties and the varied contexts in which it can be applied within educational environments. This exploration helps elucidate the nuanced ways through which individuals can assert their rights in educational contexts, highlighting both the potential and the limitations of self-defense as a protective legal measure. \u0000Expanding the scope of the analysis, the paper also examines the role of educational ombudsmen in navigating judicial disputes. It offers a comprehensive review of the functional impacts and procedural roles these ombudsmen play within the legal frameworks governing educational institutions. This segment of the study assesses how educational ombudsmen contribute to the resolution of conflicts and the enforcement of legal standards, thereby enhancing the protection of students’ rights. \u0000Incorporating a robust comparative analysis, the research extends into the international arena, exploring the praxis of educational ombudsmen across different jurisdictions. \u0000It assesses the legislative outcomes of their involvement in judicial proceedings and scrutinizes how these vary across diverse legal systems. This comparative approach not only underscores effective strategies but also identifies best practices that could be emulated to bolster the legal protection of educational rights through judicial processes. \u0000By synthesizing theoretical frameworks with empirical research, this paper contributes significantly to the scholarly discourse on educational law and civil rights protection. It critically examines the intersection of education, law, and civil rights, proposing necessary refinements to existing legal mechanisms and suggesting new areas for in-depth research. These recommendations aim to enhance the effectiveness of educational ombudsmen and to ensure more robust legal protections for all participants within the educational sector.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 31","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141832686","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":"Principle of humanism and human rights","authors":"M. Bielova, Oleg Byelov","doi":"10.61345/1339-7915.2024.2.3","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.3","url":null,"abstract":"Human and civil rights have emerged as a crucial legal institution, evolving through constitutional law, legal theory, and various legislative sectors. This institution gained prominence in the latter half of the 20th century, both nationally and internationally. It represents one of the most significant achievements in society’s legal development, tracing back to ancient times and culminating in its current status as an essential feature of democratic, rule-of-law states. \u0000However, the contemporary approach to democracy’s principles is considered somewhat outdated. There’s a global need to reassess established concepts and develop fresh perspectives on equality, justice, and protection. \u0000The enduring stability of human and civil rights protection is rooted in scientifically and practically tested principles. This concept’s viability and progressive nature stem from a blend of legal, moral, traditional, and other social regulatory norms. Such an approach helps prevent legal negativity from dominating the legal system and curbs legal nihilism and indifference. \u0000Legal principles serve as indicators of law’s development and starting points for legal regulation. They should reflect fundamental values, embodying the essence of “ideal” law. These principles aim to ensure ideological consistency in lawmaking, law enforcement, and overall legal order, guiding the legal system towards universal ideals like democracy, justice, equality, humanism, and individual freedom. \u0000Humanism, as a legal concept, views humans as supreme, self-sufficient, and self-aware beings. It manifests in at least two ways: as a moral requirement for human behavior and as a recognition of human beings as the highest social value within the state.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141833112","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":"Academic integrity of scientists: problems of implementation and responsibility in Ukraine","authors":"V. Kryvolapchuk, T. Pluhatar","doi":"10.61345/1339-7915.2024.2.12","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.12","url":null,"abstract":"The article outlines the concept of academic integrity as a component of academic culture and states the academic integrity of researchers is a key aspect in determining the quality and reliability of scientific research, as well as the reputation of the scientific community. Adherence to the principles of academic integrity is the foundation for the development of scientific knowledge and innovation. \u0000It was noted that Ukrainian legislation provides a clear framework for the regulation of academic integrity, establishing fundamental principles, requirements, and sanctions for violations. This contributes to the assurance of the quality of education and research, as well as the enhancement of trust in the outcomes of educational and research activities. A critical assessment of the list of violations of academic integrity is given. Particularly emphasized the shortcomings of the legal regulation of the definition and application of the institute “academic responsibility” as a form of ensuring “academic integrity”. The authors analyze and summarize the basic ethical principles that form the basis of academic integrity. \u0000Conclusions. Thus, academic integrity violations, such as plagiarism, can result in serious consequences, including the revocation of academic degrees and academic titles. At the same time, maintaining academic integrity is a researcher’s moral and professional obligation, as it affects public trust in scientific results. Maintaining academic integrity is essential for the development of a scientific environment that is conducive to intellectual honesty and transparency in scientific research. Furthermore, the culture of academic integrity encourages high standards of ethics and professional behavior among scientists. Consequently, the quality and credibility of research results are contingent upon the research process being conducted in an honest and ethical manner, free from practices that are deemed unacceptable within the scientific community and that compromise academic integrity. In this regard, all the efforts of the scientific community should be aimed at preventing academic dishonesty, hindering and stopping it by creating a responsible and honest scientific environment.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141833561","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 administrative and legal status of military administrations in Ukraine depending on the order of their creation","authors":"Ihor Pavchuk","doi":"10.61345/1339-7915.2024.2.16","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.16","url":null,"abstract":"The article is dedicated to the study of the system of public administration under martial law and the administrative and legal nature of military administrations. The author notes that the military administrations are a new and less studied institution of public administration for the modern stage of state formation. \u0000The author aims to research the priority directions for improving the public administration system under martial law, outline the strategic orientations of the state’s development and the optimal institutional model of public administration under martial law. \u0000It has been found that, depending on territorial competence, subordination, grounds and order of formation and termination of activities, as well as the order of recruitment, military administrations are divided into: 1) regional military administrations; 2) district military administrations; 3) military administrations of settlements. At the same time, the powers of regional and district military administrations are completely identical, and therefore, the author believes that there is no reason to distinguish them into separate levels for the purposes of this study. Regional and district military administrations are one type of administration, as opposed to military administrations of settlements. \u0000It has been proved that the Law of Ukraine “On the Legal Regime of Martial Law” does not contain an exhaustive list of grounds for terminating the powers of local self-government bodies of settlements and, accordingly, legal grounds for the formation of military administrations of settlements. \u0000The author proves that the military administration in the city of Kyiv could be formed only as a military administration of the settlement, that is, in the event of failure by the Kyiv City Council and/or the executive body of the Kyiv City Council to exercise the powers assigned to them. Considering that the Kyiv City Council continues to exercise, and the executive body of the Kyiv City Council exercised its powers before receiving the status of the Kyiv City Military Administration, the formation of the Kyiv City Military Administration seems legally problematic. \u0000It has been argued that the legislator has established different approaches to determining the fate of regional, district local state administrations and military-civilian administrations after the introduction of the legal regime of martial law and the formation of military administrations. This approach of the legislator seems unreasonable and gives rise to a number of problems.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141833362","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":"Gender stereotypes regarding women in the legal sphere: issues and ways to address them","authors":"Olena Nahorna","doi":"10.61345/1339-7915.2024.2.14","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.14","url":null,"abstract":"Equality is the foundation of a democratic society that strives for social justice and respect for human rights. Unfortunately, due to various circumstances, women are discriminated against in almost all spheres of life. The relevance of the scientific article is due to the fact that, despite Ukraine’s recognition of basic international documents in the field of ensuring gender equality, the establishment of the principle of non-discrimination on the basis of gender at the constitutional level, the adoption of a special law on ensuring equal rights and opportunities for women and men, the creation of appropriate institutional guarantees in this area, the problem of insufficiently effective protection of women and observance of gender equality in various spheres of public life remains open for our state. Gender stereotypes represent a significant issue in contemporary society, particularly within professional environments such as the legal sphere. Women working in this field often encounter certain stereotypes that may limit their opportunities for professional advancement and development. These stereotypes may include the perception that women are less competent in the legal domain or that they are better suited for other types of professional activities. \u0000It is important to consider that gender stereotypes can affect women’s self-esteem in the legal sphere, as well as their ability to advocate for their rights and interests. This may lead to women feeling less confident in their abilities, which in turn can restrict their career trajectory. \u0000To address this issue, it is necessary to pay attention to gender equality issues in the legal sphere. This may involve conducting campaigns to educate and raise awareness about gender stereotypes, as well as promoting the development and support of female leaders in this field. Additionally, it is important to create conditions for women to have equal opportunities for professional growth, including access to education and training in the field of law.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141833040","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":"Some aspects of Combating Transnational Organized Crime","authors":"V. Hrankina, A. Abdel Fatah","doi":"10.61345/1339-7915.2024.2.9","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.9","url":null,"abstract":"The article is devoted to the study of the problem of transnational organized crime, which is a relevant and negative manifestation of public life not only in Ukraine but also in most foreign countries. Crime is a stable phenomenon and inseparable from human society, and it should be noted that organized crime is stable in its essence and structure, but variable depending on the requirements of time. At present, Ukraine is facing the emergence of a fundamentally new form of transnational organized crime, which is a crime against national security. In particular, the military-political situation in our country, which is associated with the military aggression of the Russian Federation, contributes to the intensification of the movement of weapons, explosives and other military items, as well as the recruitment of citizens to participate in illegal state activities. \u0000The article examines the problem of combating transnational crime and suggests ways to counteract this type of crime. At the national level, combating this type of crime requires coordination of law enforcement agencies, formation of joint operational and investigative teams and think tanks. There is also a need to improve the legal framework for combating this phenomenon, which should take into account existing international standards and the implementation of the UN Convention against Transnational Organized Crime into Ukrainian legislation. It is determined that in the current socio-political environment, this problem is actually becoming a matter of national security of Ukraine. According to the Strategy of National Security and the Fight against Organized Crime, the search for new ways and answers to the challenges and prevention of transnational organized crime and corruption in the context of military operations, aggression and internal instability necessitates the study of an international mechanism of protection against such extremely dangerous actions. The author believes that it is advisable for Ukrainian law enforcement officers to study the experience of leading foreign organizations so that they have a real opportunity to work proactively in preventing corruption, countering terrorism and other segments of transnational organized crime.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141833260","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":"Functional purpose of local self-government bodies as a subject of ensuring the law enforcement function of the state","authors":"Arsen Vorobets","doi":"10.61345/1339-7915.2024.2.20","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.20","url":null,"abstract":"The article is dedicated to the scientific substantiation of the need for the participation of local self-government bodies in the implementation of law enforcement function, the study of legal forms of implementation of law enforcement function by local self-government bodies in Ukraine, and the development of proposals for their improvement. \u0000It has been established that the law enforcement function of local self-government is mostly forgotten in the legal literature, following the Soviet habit of attributing this function to the prerogatives of the state. In this regard, the study of the law enforcement function of local self- government is an important theoretical and practical task of modern administrative and legal science. \u0000It has been argued that in administrative and legal science, insufficient attention has been paid to the problems of: administrative and legal mechanism of activity to ensure public order and public safety; participation of local self-government bodies in the implementation of the law enforcement function; legal forms of implementation of the law enforcement function by local self-government bodies; interaction of local self-government institutions with law enforcement bodies regarding the implementation of the law enforcement function. \u0000It has been established that the modern system of public administration does not fully use the capabilities of local self-governments in the field of protecting public law and order and ensuring public safety. This is due to the fact that the process of establishing their legal status at the current stage of development of Ukraine remains incomplete, and the constitutional and legislative norms establishing their competence are not mutually coherent, clear and certain. As a result, the implementation of the powers of local self-government bodies enshrined in the Constitution of Ukraine in the field of law and order and ensuring public safety is quite limited. \u0000It has been proven that at this stage of municipal development, the implementation of law enforcement function by local self-government bodies in Ukraine is carried out in four legal forms of activity: establishing, rule-making, law enforcement and control. In turn, the relevant local self-government bodies with law enforcement powers can be considered as institutional forms of implementing the law enforcement function of local self-government.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141833333","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":"Bodies of Internal Affairs: separate issues of functional appointment","authors":"Volodimyr Ulynets","doi":"10.61345/1339-7915.2024.2.18","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.18","url":null,"abstract":"The author points out that among the main priorities of Ukraine’s domestic policy since independence has been the creation of reliable mechanisms for security, political stability, and democracy that would correspond to the relevant mechanisms employed in the European Union. The prospect of EU membership is defined at the constitutional level and is a strategic guideline for Ukrainian aspirations for transformation and a key goal for which reforms are being carried out within the Ukrainian state. The creation and implementation of such mechanisms is the standard that will allow Ukraine to join the EU’s common security system, increase the effectiveness of control over the movement and non-proliferation of weapons of mass destruction, and bring international cooperation in the fight against organized crime, illegal migration, smuggling, terrorism, and drug trafficking to a new level. \u0000It is noted that Ukraine’s intentions to integrate into the European space have necessitated significant changes in national legislation aimed at adapting to a wide range of norms and standards generally accepted in international and European practice. The sphere of public security protection deserves special attention from lawmakers, as human rights protection is an invariable “gold standard” that distinguishes a democratic state. Given the state-forming importance of the national police, its improvement is in the zone of increased attention from both the government and society. It is extremely important today to create an effective organizational model of police bodies capable of reliably protecting the interests of the economy and citizens, implementing such principles of reforming the Ukrainian police that would result not only in excellent work in detecting and stopping offenses but also in creating significant resources for preventing offenses. \u0000The author demonstrates the dependence of the functional orientation of police structures on the functional orientation of the state, in particular on the form of state-legal regime it implements, which directly lays the basic principles of the activities of law enforcement structures in the country and the principles of their reform. Therefore, the logical idea arises that the functional orientation of police structures may depend on the functional orientation of the state, in particular on the form of state-legal regime it implements, which directly lays the basic principles of the activities of law enforcement structures in the country and the principles of their reform.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141833277","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":"Navigating change: the evolution of Ukrainian Private Law from historical roots to contemporary challenges","authors":"Iryna Tsvigun","doi":"10.61345/1339-7915.2024.2.17","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.17","url":null,"abstract":"The article examined the evolution of Ukrainian private law, which reflects the development of the country’s statehood and its historical heritage, deeply rooted in European traditions. In the context of recent geopolitical events, such as the invasion of Russia and Ukraine’s acquisition of the status of a candidate for membership in the European Union, the article emphasized the urgent need to overcome the post-Soviet legacy and the need for qualitative adaptation to European Union standards. \u0000The legal trajectory of Ukraine is considered, taking into account internal reforms, external influences and the role of private law in harmonization with democratic principles. The importance of a comprehensive approach to the development of private law in accordance with modern challenges is emphasized.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 39","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141833518","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":"Ecological and cultural niches in the environmental education. Legal connotations","authors":"Daniel Berlingher, Corneliu Maior, Aurel P. Darau, A. Moroșteș, Lavinia Sasu, Nicusor Boja","doi":"10.61345/1339-7915.2024.2.4","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.4","url":null,"abstract":"The human being is the only species in the Universe holding two existential niches: a cultural one, and an ecological one. Along the humankind development, the most often objectives were survival, fulfilling one’s needs and the quality of life. To achieve these goals, the cooperation between the two niches is mandatory, due to the humankind’s double nature, biological and spiritual. In this context, the process of environment education cannot be other that an integrated one, relying on training and self-training, and the environment community law has to enter into the EU efforts of implementing the “European Green Deal” which implies the achievement of the climate neutrality by 2050.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141832940","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}