Visegrad Journal on Human Rights最新文献

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The relationship of rights and obligations: questions of theory 权利与义务的关系:理论问题
Visegrad Journal on Human Rights Pub Date : 2024-05-06 DOI: 10.61345/1339-7915.2024.1.12
T. Popovych
{"title":"The relationship of rights and obligations: questions of theory","authors":"T. Popovych","doi":"10.61345/1339-7915.2024.1.12","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.1.12","url":null,"abstract":"It is indicated that, in the modern period of conflicting legal norms, one of the means of ensuring the implementation and observance of constitutional obligations is the responsibility and sanctions of the norms of the current legislation. \u0000It is noted that in the modern world, with the rapid development of society, the issue of compliance with law and morality is becoming more and more necessary and relevant. That is why considerable attention should be paid to the consideration, analysis and research of these two concepts. Today, law and morality depend on each other. Norms of morality and law are the most widespread and quite important for society. They are intertwined in the process of social regulation, their demands coincide in many respects: what law allows or prohibits, and morality encourages or condemns. The interaction of morality and law in society is a very complex and diverse process. Strongly influencing morality, law contributes to its intensive implementation in the minds of all members of society, at the same time, under the influence of moral requirements, law constantly improves and elevates its role as a social regulator of social relations. \u0000The author emphasizes that the attitude to rights and duties in the context of a person’s legal status creates a rather complex problem for ethics and morality. On the one hand, theorists fix such qualities of moral demands as universality and a high level of commonality. Ethical theory in the sense of attitude to rights and duties inevitably uses as one of its bases the moral ideas of “ordinary man” or “ordinary human mind”. It cannot simply ignore moral intuitions, although it can make attempts to discredit some of them, especially if they contradict the main body of moral convictions and are not accompanied by absolute certainty. However, moral duties to have a different character. They are an integral component of the normative system of universal morality and have an almost axiomatic character for the “ordinary person”.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"91 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141007255","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}
引用次数: 0
Digital human rights: separate doctrinal basis 数字人权:单独的理论基础
Visegrad Journal on Human Rights Pub Date : 2024-05-06 DOI: 10.61345/1339-7915.2024.1.1
D. Byelov, M. Bielova
{"title":"Digital human rights: separate doctrinal basis","authors":"D. Byelov, M. Bielova","doi":"10.61345/1339-7915.2024.1.1","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.1.1","url":null,"abstract":"The authors note that the digitization of public services has taken place, which has led to the transition of most or at least a significant number of public services to an electronic format and allowed us to talk about the emergence of concepts of electronic state (government) (e-government). The step-by-step transformation of state data management based on digital technologies, the development of complex super-services for citizens and businesses to receive public services in one click (DIY) was called “digital public administration”. However, a clear definition and framework of the concept of “digital human rights” has yet to be developed. They seem to cover all human rights in the context of digitization and the development of modern information and communication technologies. It can be considered that this is the field of information law, which regulates human rights related to the use of information technologies. This includes the regulation of relations in the field of personal data processing, publication of information on the network, processing of big data, application of artificial intelligence, etc. \u0000The purpose of the scientific article is to consider the concept of digital rights and their implementation in the Ukrainian and European legal space, taking into account the contribution of Ukrainian scientists. The digital revolution that has swept the world has significantly changed the way people communicate, work and live. However, this rapid technological development brings with it new challenges for the protection of human rights. This article examines the concept of digital human rights and their dimensions in the Ukrainian and European context. \u0000It is indicated that the study and protection of digital human rights in the modern world requires a comprehensive approach, taking into account both Ukrainian and European experience. The works of domestic scientists testify to the urgency of the problem and indicate the need for further research in this area. Digital human rights are becoming an integral part of modern society, where technology is rapidly changing the way we live and interact. Ukraine, like other countries, faces many challenges in the field of digital rights, which are caused by the rapid development of information and communication technologies. From this context: first, understanding digital rights and their importance becomes a necessity for every member of society. People should be aware of their rights and responsibilities in the digital space, especially regarding the protection of privacy and personal data; secondly, the development of digital rights in Ukraine should take into account the best practices of European countries and global standards. Improving legislation, increasing public awareness and developing cyber defense are aspects that require immediate attention; thirdly, the importance of cooperation between the state, citizens, business and the scientific community. Effective and sustainable solutions ","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"6 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141007645","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}
引用次数: 0
Some historical and legal aspects of bringing to legal responsibility for issuing and executing criminal orders and orders 将发布和执行刑事命令和指令的法律责任归咎于法律的一些历史和法律问题
Visegrad Journal on Human Rights Pub Date : 2024-05-06 DOI: 10.61345/1339-7915.2024.1.6
A. Lankevich
{"title":"Some historical and legal aspects of bringing to legal responsibility for issuing and executing criminal orders and orders","authors":"A. Lankevich","doi":"10.61345/1339-7915.2024.1.6","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.1.6","url":null,"abstract":"From the analysis of historical and legal sources, it can be seen that the legal responsibility for issuing and executing criminal orders and orders went through certain stages of formation, which are directly related to the processes of emergence and development depending on the historical type of the state and its legal instruments. \u0000It is noted that the first states that at the legislative level established legal responsibility, that is, punishment, including for giving and executing criminal orders and orders, were the states of the Ancient East, in particular, Ancient Egypt, Ancient Babylon and Ancient India, where at the legislative level legal responsibility was introduced not only for ordinary people, but also for representatives of the authorities for criminal actions against the state that encroached on the established state order. In most cases, the punishment for such acts was the death penalty. \u0000It is argued that the idea of legal responsibility for issuing and executing criminal orders and orders dates back to biblical times, where it is inextricably linked to the doctrine of the origin and separation of powers. Therefore, in view of the significant influence of Christianity on the formation of the Western legal tradition, in particular the texts of the Bible, which in fact became the civilization foundation on which the legal norms designed to regulate social relations between people and government institutions were based and will continue to be based, including the scope revealed which is assigned to man for his dominion and the limits where such dominion ends. And in the event that not only representatives of the authorities, but also anyone violates the commandments established by the Creator, including not only by issuing, but also by executing orders or orders, then such actions are subject to condemnation, and the person himself is subject to punishment.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"68 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141008474","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}
引用次数: 0
Judicial lawmaking: a conceptual exploration 司法立法:概念探讨
Visegrad Journal on Human Rights Pub Date : 2024-05-06 DOI: 10.61345/1339-7915.2024.1.10
Yuriy Momot
{"title":"Judicial lawmaking: a conceptual exploration","authors":"Yuriy Momot","doi":"10.61345/1339-7915.2024.1.10","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.1.10","url":null,"abstract":"The work aims to analyse the role of judicial lawmaking in the legal system of Ukraine and its impact on legal development. The study examines the extent of judicial authority in creating new legal norms, especially in comparison to the legislative branch. \u0000The methodological basis of the study includes a comprehensive review of relevant legal literature, an analysis of Ukrainian legal provisions related to judicial lawmaking, and an examination of judicial decisions that have contributed to legal development. \u0000The results of the study underscore the nuanced role of Ukraine’s courts in the legal landscape. While Ukrainian courts face limitations in directly creating new legal norms, the research reveals their substantial impact on legal evolution through judicial interpretation and the establishment of precedents. \u0000One key finding is the significant influence of judicial decisions on shaping legal practice in Ukraine. Through their interpretations of existing laws and legal principles, courts contribute significantly to the development of legal norms and standards. This process not only clarifies legal ambiguities but also ensures consistency and coherence in legal principles applied in various judicial proceedings. \u0000The study also emphasizes the importance of precedents set by Ukrainian courts. By establishing precedents, courts provide guidance for future legal cases and contribute to the predictability and stability of the legal system. This aspect is crucial for legal practitioners, scholars, and the public in understanding the application of laws and legal principles in different contexts. Conclusions drawn from the study emphasize that Ukraine has a legal system where the legislative branch plays a predominant role in shaping and changing legal norms. The courts in Ukraine have limited authority in creating new norms, as their main task is to apply and interpret existing legislation to specific situations that arise in society. However, it should be noted that courts can influence legal development through judicial interpretation and establishing precedents. When a court decides on an issue that does not have a clear solution in the law, it can establish a new precedent that can then be used for similar cases in the future. This contributes to the development of legal practice and the establishment of stable and consistent principles of judicial decision-making. Therefore, although courts in Ukraine do not have as significant an impact on law formation as the legislative branch, they can still contribute to the development of the legal system through judicial interpretation and establishing precedents.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"52 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141009102","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}
引用次数: 0
The situation of bringing to justice of a deliberately innocent person 将故意无辜者绳之以法的情况
Visegrad Journal on Human Rights Pub Date : 2024-05-06 DOI: 10.61345/1339-7915.2024.1.15
K.Yu. Skrypnyk
{"title":"The situation of bringing to justice of a deliberately innocent person","authors":"K.Yu. Skrypnyk","doi":"10.61345/1339-7915.2024.1.15","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.1.15","url":null,"abstract":"The aim of the work is the research such a feature of the objective side as the situation of a criminal offense provided for in Article 372 of the Criminal Code of Ukraine. The topicality is due to the lack of scientific development of the situation of bringing to justice of a deliberately innocent person, which leads to its neglect in practical activities when establishing the objective side of the crime. \u0000The methodological basis of the study is the complex of such methods as empirical, general logical and special legal methods, since the research of the problem of the situation requires the use of a wide toolkit of methodology. For example, empirical methods were used to study the practical implementation of normative prescriptions in judicial practice. The comparative legal method was necessary for a qualitative comparison of adjacent and competing criminal offenses in order to distinguish them. In addition, the terminological approach was applied to clarify the definition of the situation, which was not only contained in the science of criminal law for its unambiguous understanding. \u0000The article consistently examines the general concept of the circumstances of the commission of a crime in various aspects, first of all, in criminal law and criminalistics, as well as the need to establish the situation during the investigation of all criminal offenses, regardless of its fixation in the disposition of an article of the Special Part of the Criminal Code of Ukraine. It was analyzed the circumstances of the commission of the crime provided for in Article 372 of the Criminal Code of Ukraine, which is not enshrined in the specified article, but directly follows from its content and is the obligatory feature of the objective side, because the commission of this crime outside the pre-trial investigation excludes qualification by this article of the Criminal Code. The practical significance of the research lies in the theoretical provision of pre-trial investigation and trial with the aim of properly establishing all the circumstances relevant to the case and the correct qualification of a person’s actions under Article 372 of the Criminal Code of Ukraine. According to the results of the conducted research, the definition of the situation of bringing to justice of a deliberately innocent person is singled out. It was determined that the commission of this crime is possible only during and under the conditions of a pre-trial investigation, which would simultaneously be the stage of criminal proceedings, the period of time of its conduct, and the procedural activity of authorized persons.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"48 50","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141010139","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}
引用次数: 0
Genocide in Ukraine: problems of proof 乌克兰的种族灭绝:证据问题
Visegrad Journal on Human Rights Pub Date : 2024-05-06 DOI: 10.61345/1339-7915.2024.1.3
Olena Garsymiv, S. Marko, Olena Ryashko
{"title":"Genocide in Ukraine: problems of proof","authors":"Olena Garsymiv, S. Marko, Olena Ryashko","doi":"10.61345/1339-7915.2024.1.3","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.1.3","url":null,"abstract":"The article emphasizes that genocide was first criminalized immediately after the Second World War, precisely in 1948 when the UN General Assembly unanimously adopted the Convention on the Prevention of Genocide. In terms of severity, it is undoubtedly the most serious crime for both peacetime and wartime, and it is also the most difficult to prove. First of all, it is argued that in order to establish the very fact of genocide, it is necessary to have the intention to destroy, in whole or in part, any national, ethnic, racial or religious group, as well as for this destruction to be carried out by killing, inflicting grievous injuries, creating intolerable conditions life, prevention of childbirth or forced transfer of children to another group. \u0000The main focus of the article is on the fact that crimes against humanity most often occur during war. In order for the underlying crimes—such as murder, torture, extermination, sexual violence, and other acts—to qualify as crimes against humanity, they must be part of a widespread or systematic attack on civilians. Unfortunately, trials for genocide and crimes against humanity take forever. An example is the events in Srebrenica, proceedings in several genocide cases are still ongoing. Genocide, as well as crimes against humanity, are most clearly defined in legal terms in the Rome Statute of 1998, which became the foundational document of the International Criminal Court. \u0000Both crimes were also included in the criminal codes of many countries, the Criminal Code of Ukraine (Articles 442, 437) was not an exception. However, until now, there is no responsibility for crimes against humanity in national legislation. Therefore, currently the criminal actions of the combatants can only be qualified as war crimes. Many states have integrated the crime of genocide into national legislation, but not all have used the UN definition. Many states have also included crimes against humanity in their criminal codes. It is quite clear that both genocide and crimes against humanity are systematic crimes, to prove which it is not enough to confirm with evidence the commission of individual acts. \u0000Both crimes are committed within a system, often wide-ranging, and both contain elements that require proof of relevant intent or awareness on the part of the perpetrators, for example, in the case of genocide, by proving that the perpetrators knew of an express or implied plan.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"13 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141008136","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}
引用次数: 0
International military-space cooperation of Ukraine: legal aspects 乌克兰的国际军事空间合作:法律问题
Visegrad Journal on Human Rights Pub Date : 2024-05-06 DOI: 10.61345/1339-7915.2024.1.14
M.R. Semenchuk
{"title":"International military-space cooperation of Ukraine: legal aspects","authors":"M.R. Semenchuk","doi":"10.61345/1339-7915.2024.1.14","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.1.14","url":null,"abstract":"Outer space acts as a tremendous resource for the security and defence of a country and the protection of its citizens. Ukraine, despite having to deal with Russia’s full-scale armed aggression, is gradually restoring and building up its space capabilities through cooperation with partner countries. International cooperation in the military and space spheres is manifested as a whole through bilateral treaties on military geography, exchange of various kinds of information that has been obtained through space activities. The space origin of many types of data is no longer unusual and has long been used in the management of military forces. The article is devoted to the modern issues of legal aspects of international military-space cooperation of Ukraine. The research enlightens the importance of legal regulation in the field of space activities to ensure national security and emphasizes the role of legislation in the organization and regulation of space activities, as well as the importance of global partnership and cooperation in achieving space security goals. In the context of the war in Ukraine, there is a need to strengthen international cooperation. Also, it is necessary to expand government-funded military space endeavors and develop a coherent plan for the development of military space cooperation aimed at ensuring national defence interests with allied countries. In addition, the most important activities along this path are strengthening interdepartmental coordination between government agencies involved in space activities, improving the legal framework and elevating the qualifications of space industry and military specialists through the reasonable application of international best practices and advanced experience.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"58 34","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141009395","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}
引用次数: 0
On the question of legal regulation of administrative procedures on the example of foreign countries 关于以外国为例对行政程序进行法律规范的问题
Visegrad Journal on Human Rights Pub Date : 2024-03-14 DOI: 10.61345/1339-7915.2023.6.3
M. Garifullin
{"title":"On the question of legal regulation of administrative procedures on the example of foreign countries","authors":"M. Garifullin","doi":"10.61345/1339-7915.2023.6.3","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.3","url":null,"abstract":"The article deals with the issue of legal regulation of administrative procedures on the example of foreign countries. The standards of the administrative procedure regarding the adoption of administrative decisions, i.e. decisions of public administration bodies, which concern the rights and obligations of individuals and legal entities, are considered. The content and features of legal regulation of administrative procedures in foreign countries, the scope and subject of legal regulation through the prism of the legislation of foreign countries on administrative procedures are outlined. Various approaches to determining the scope, content and methods of its legal regulation are analyzed. \u0000Attention is focused on the specifics of managerial activity, which must take effective measures in a timely manner in a wide variety of situations, forming the boundaries and restrictions necessary in the rule of law. The types of entities to which administrative procedures apply have been considered. \u0000The rights and obligations of administrative bodies regarding the preparation and adoption of an administrative decision are defined. Features of appeals by individuals and legal entities, definition of sub-agency category of cases are outlined. The types of decisions made by the administrative body are classified. Emphasis is placed on informing persons whose interests may be affected by an administrative act. \u0000The grounds for removing officials considered biased are outlined. The rights of citizens participating in the administrative procedure are considered separately.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"59 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140242471","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}
引用次数: 0
The problem of defining moral damage caused to the employee 界定对雇员造成的精神损害的问题
Visegrad Journal on Human Rights Pub Date : 2024-03-14 DOI: 10.61345/1339-7915.2023.6.24
Olga Panchenko
{"title":"The problem of defining moral damage caused to the employee","authors":"Olga Panchenko","doi":"10.61345/1339-7915.2023.6.24","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.24","url":null,"abstract":"Compensation for moral damage is one of the rights guaranteed by the Basic Law of Ukraine; reimbursement of this type of harm is one of the ways to protect labor rights as well. One of the main problems at the moment is the absence of the enshrined concept of moral damage in the Constitution and the Civil Code of Ukraine (this institution is of a civil law nature). Consequently, the aim of the Article is to consider how foreign and domestic scientists approach the term “moral damage” in general and in labor relations in particular and to provide our own definition of this category. The following methods were used when preparing the Article: dialectical, monographic, historical, normative and dogmatic, sociological, legal modeling. Research results. The origin of the term “moral damage” in the world practice and in our country has been investigated. It has been examined, what is moral damage in Ukrainian legislation, as well as in the legal instruments of some other States (Italy, Philippines, El Salvador, Kazakhstan, UAE). The approaches to the concept of moral damage in general and in labor relations in particular have been studied based on the works of foreign and Ukrainian researchers, relevant legal acts of our and other countries, court practice. It has been established that there are three approaches to defining the term of moral (non-property) damage caused to an individual in the theory of civil law. We agree with the opinion by researchers who believe that the fact of establishing moral, mental or physical suffering is not enough – it is necessary to have losses of non-pecuniary nature or negative consequences of a moral or other character. The author’s definition of moral damage as well as moral damage caused to the employee as a result of violation of his (her) labor rights has been proposed.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"28 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140243248","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}
引用次数: 0
The role of the UN in preventing the proliferation of nuclear weapons 联合国在防止核武器扩散方面的作用
Visegrad Journal on Human Rights Pub Date : 2024-03-14 DOI: 10.61345/1339-7915.2023.6.19
I. Les
{"title":"The role of the UN in preventing the proliferation of nuclear weapons","authors":"I. Les","doi":"10.61345/1339-7915.2023.6.19","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.19","url":null,"abstract":"According to the UN Charter (Article 26), the UN Security Council is the primary organ responsible for the maintenance of international peace and security. Nuclear states agreed to the adoption of a UN Security Council Resolution that provided positive security assurances. The adoption of UN Security Council Resolution №255 on June 19, 1968, was of particular significance. This resolution stipulated that instances of aggression involving the use of nuclear weapons or the threat of such aggression against a non-nuclear-weapon state would require immediate action by the UN Security Council and its permanent members, who are nuclear-armed states. \u0000The aim of the work is to determine the role of the UN Security Council in the system of preventing the proliferation of nuclear weapons. The methodological basis of the study will focus on the analysis and understanding of the impact of the UN Security Council on strategies and measures aimed at preventing the spread of nuclear weapons in the international context. \u0000The results of our research have shown that the role of the UN Security Council in the disarmament of Iraq’s nuclear program, which could have led to the development of nuclear weapons, proved to be significant. To achieve this, in accordance with UN Security Council Resolution №687 adopted on April 3, 1991, the Special Commission (UNSCOM) was established. \u0000During an extraordinary meeting of the UN Security Council at the highest level on September 24, 2009, Resolution UN Security Council Resolution № 1887 was adopted, aimed at supporting nuclear non-proliferation, criticizing Iran and North Korea. Resolution №1887 outlines measures to strengthen control and the rights of nuclear-weapon states to demand the return of nuclear materials and equipment in case of violations of the Non-Proliferation Treaty or withdrawal from it. It also involves enhancing security measures for the storage of nuclear materials and strict export controls. \u0000Conclusions. In our opinion, the powers of the UN Security Council in the field of non-proliferation of weapons of mass destruction should be utilized more promptly and effectively. The insufficient effectiveness of this international mechanism in preventing proliferation remains a cause for serious concern among UN members worldwide. To enhance the effectiveness of the UN Security Council, we propose the adoption of a comprehensive resolution that includes provisions on the procedure for a state’s withdrawal from the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and its violation of commitments to refrain from acquiring nuclear weapons. This resolution should stipulate the imposition of sanctions against such a state based on a special report from the International Atomic Energy Agency (IAEA). Such a mechanism can ensure an effective impact of the international community on states that withdraw from the NPT.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"31 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140243941","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}
引用次数: 0
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