Visegrad Journal on Human Rights最新文献

{"title":"Access to justice through the prism of uniformity of judicial practice in Ukraine","authors":"T. Fuley","doi":"10.61345/1339-7915.2023.6.10","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.10","url":null,"abstract":"Different perception of relatively new concepts is one of the challenges of implementation of the new terminology in Ukraine. So, the purpose of this article is to study the interconnection of two concepts – the ‘access to justice’ and ‘uniformity of judicial practice’, – keeping in mind the European standards set in Rule of Law Report, CCEJ Opinion No. 20 and in ECtHR case law. Both concepts were in the focus of a number of studies during last decade, however, the interconnections between them was not considered specifically. Also, many publications confirmed that the critical approach to the past (both Soviet as well as pre-Soviet, meaning imperial Russian) was not predominant; examples of this is quoting the Rule of Law Report, Consultative Council of European Judges Opinion No. 20 (2017) and ECtHR jurisprudence alongside works of Russian imperial jurists thus many Ukrainian legal scholars were eager to find “deeper roots” in many modern concepts in the works of Russian scholars of XIX-XX century. Therefore, it is crucial that such concepts as ‘access to justice’ are used correctly. The findings show that the uniformity of judicial practice by ensuring stability and predictability, promotes access to justice, especially in so-called “classic” cases, regulated by longstanding legislation. However, modern world and life in it is quite dynamic, social relationships constantly develop and new legal disputes (due to technological progress or caused by the Russian armed aggression against Ukraine) arise for which there is no case law at all. After the full scale invasion an obvious question arises about how the judicial practice will develop to ensure access to justice in new category of cases, both civil (i.e. regarding compensation of damage caused to the real estate) and criminal, compared to those that were happened since 2014 and were classified as terrorist or general criminal, although some of them had signs of war crimes. In this context, the leadership role of the Supreme Court is important, given its mandate to ensure the uniformity of judicial practice and keeping in mind the dynamic character of the legal relations.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"21 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140243780","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":"Project Risk Management: modern trends and effective practices","authors":"Olga Fedyk, Serhiy Fedyk","doi":"10.61345/1339-7915.2023.6.8","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.8","url":null,"abstract":"The article is devoted to the management of project risks, with the aim of their timely detection and identification, which in turn will ensure the successful implementation of the project and its completion. Special attention is paid to the stages of project risk management and analysis of methods aimed at minimizing and avoiding project risks. \u0000The most modern and well-known methods include such methods as: risk avoidance; insurance; self-insurance; risk financing; diversification; risk taking; risk limitation; risk distribution and risk prevention, the complex application of which will ensure the successful implementation of the project and protect the project from the influence of destabilizing external and internal factors.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"15 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140244388","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":"Transhumanism as a legal category","authors":"Myroslava Bielova, D. Byelov","doi":"10.61345/1339-7915.2023.6.1","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.1","url":null,"abstract":"The authors argue, transhutmanism in relation to human somatic rights is characterized, firstly, by the belief in the possibility of creative transformation of the human body and nature by the people themselves, and secondly, by the belief in the possibility and permissibility of using the latest technologies to improve the human body and nature, - thirdly, in the conviction of the need to use the latest technologies in order to solve a number of problems with human health. The very new possibilities of man, which arose as a result of scientific and technical progress, become the source of an anthropological crisis. The transhumanism movement appeared on the basis of this crisis situation. At the same time, innovations, innovative processes and innovative activities require a thorough understanding. This especially applies to innovations focused on drastic changes in the human body and nature. At the same time, on the one hand, we intend to spread biomedical technologies for the “improvement” of man, which also implies in the perspective of creating a just and regulated community, on the other hand, these technologies themselves become an obstacle to this goal, generating new forms of inequality and injustice.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"4 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140244594","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":"Bilaterial relations between Ukraine and the European Union","authors":"I.Yu. Dir","doi":"10.61345/1339-7915.2023.6.5","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.5","url":null,"abstract":"The aim of the work is a comprehensive analysis of bilateral relations between Ukraine and the European Union from the moment of its inception until the decision to start the negotiation process. \u0000The methodological basis of the study official websites of specialized institutions in Ukraine and the European Union, laws, analytical reports, articles by other scientists, etc. \u0000Results. According to the results of the conducted research, it was found that Ukraine began to build bilateral relations with the European Union immediately after gaining independence and set the priority of joining European organizations as its key task in foreign policy. The first agreement that regulated relations between the parties was concluded in 1994, the Partnership and Cooperation Agreement, which entered into force in 1998, and under which relations were regulated for ten years. Later, there were difficulties in the process of negotiation, there were difficulties in concluding a new agreement. Therefore, relations between the parties were regulated by the “Ukraine-EU Action Plan”, as well as under additional protocols. Only in 2014, Ukraine and the European Union reached new instrument and signed a new Association Agreement, which became the largest international legal act of Ukraine and the biggest agreement that the EU has ever concluded with a third country. In addition, the new treaty provided for the creation of a free trade zone. In the summer of 2022 Ukraine received the status of a candidate for EU membership. \u0000Conclusions. As a result of the study, it was founded that Ukraine began to build bilateral relations with the European Union after gaining independence. The first bilateral act, which defined the goals and purpose of this cooperation, was signed in 1994, the Partnership and Cooperation Agreement, the term of which was calculated for ten years. Later, a new stage of negotiations between the parties began. It led to the conclusion of the Association Agreement, the signing of which took place in 2014. It became the fundamental document regulating Ukraine’s cooperation with the European Union in many areas.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"3 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140243730","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":"Forensic characteristics of the victim in the investigation of malicious failure to fulfill duties of care for a child or a person for whom guardianship or care is established","authors":"O. Kryvopusk","doi":"10.61345/1339-7915.2023.6.17","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.17","url":null,"abstract":"The aim of the work is a forensic analysis of socio-demographic, psycho-physiological and criminal-legal characteristics of persons who have become victims of malicious failure to fulfill their duties to care for a child or a person for whom guardianship or guardianship has been established. \u0000The methodological basis of the study is the scientific works of forensic scientists who investigated the identity of the victim, the materials of the investigation of criminal proceedings of the specified category, the analysis of the questionnaires of the National Police employees who took a direct part in the investigation of the malicious failure to fulfill the duties of caring for a child or a person for whom guardianship has been established or care. \u0000It has been established that the growth of crime, which changes in accordance with socio- economic changes in the state, prompts the search for new forms and methods of crime investigation. One of these directions is the creation of a forensic classification of persons in such a way that, using information about their typical characteristics, it would be possible to solve the general tasks of detecting and investigating criminal offenses. \u0000It has been established that the increase in the number of specified crimes, which changes in accordance with socio-economic changes in the state, prompts the search for new forms and methods of crime investigation. One of these directions is the creation of a forensic classification of persons in such a way that, with the help of information about their typical features, it is possible to solve the tasks of crime detection and investigation. \u0000It is emphasized that criminal law features do not play a special role in characterizing a person who is a victim of malicious neglect of child care duties or a person for whom guardianship or guardianship has been established, since the vast majority of victims of crimes of the specified category are minors persons At the same time, the psychophysiological characteristics of the victims should not be ignored, since it is the psychological characteristics, the way of spending free time, etc. that determine the way the crime was committed, the situation and conditions, and are closely related to other elements of forensic characteristics. \u0000Conclusions. It has been established that there are many ways in which malicious failure to fulfill the duty of care of a child or a person in respect of whom guardianship or guardianship has been established can be committed. Instead, the way the crime was committed depends on a number of factors, including the level of education, intellectual development and other data about the victim. On the basis of the analysis of criminal proceedings, the most typical socio-demographic, psychophysiological and criminal-legal characteristics of the victim were established.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"12 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140241479","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":"European parliamentarism and establishing the content of the institutional authority within the EU parliament","authors":"D. Hrebeniuk","doi":"10.61345/1339-7915.2023.6.11","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.11","url":null,"abstract":"This article is devoted to the study of the role of the European Parliament in the global political and legal context. The author focuses on the characteristics and peculiarities of the European model of parliamentarism, in particular, institutional authority and its role in the decision-making process. The research includes an analysis of the views of various authors on the term “institutional authority”, in particular in the context of the functioning within state bodies. Different views help to reveal aspects of the definition of this term and its role in a positive assessment of the activities of public authorities. A special emphasis is placed on the importance of personal authority of the head of the body in comparison with institutional authority, which allows us to consider leadership not only through the prism of the position, but also personal qualities. This aspect of the study is a promising area that can help understand the interaction between institutional and personal authority. The definition of the term “institutional authority” becomes a key element for further elucidating the concept of supranational parliamentarism in the context of the European Union Parliament. This study contributes to a deeper understanding of the functions of the parliament at the supranational level and may open up new perspectives in the development of European integration processes. A key aspect of the study is the methodology used to analyse and study European parliamentarism and institutional authority. The methods used allow for a more complete understanding of the structure and functions of the European Parliament. The article also highlights the prospects for the development of the concept of supranational parliamentarism in international law. The author’s vision of the term “institutional authority” serves as a basis for further development of the concept within the framework of supranational interaction and decision-making at the international level. In general, this research article offers an in-depth legal analysis and understanding of the genesis of European parliamentarism, highlighting key aspects of the institutional authority of the European Union Parliament and the prospects for the development of supranational parliamentarism. The study makes a significant contribution to the understanding of the interaction of parliamentary institutions at different levels and can serve as a basis for further research on the role of parliaments in shaping the world order.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"13 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140241775","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":"Prevention of corruption risks when performing customs procedures: types and concepts","authors":"Inna Pai","doi":"10.61345/1339-7915.2023.6.23","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.23","url":null,"abstract":"The aim of the work is involves clarifying the theoretical and practical problems of preventing corruption risks in the implementation of customs procedures, the peculiarities of its definition of the essence and concept, and the selection of separate criteria for their classification within the limits of its customs and legal provision. The methodological basis of the study used a set of scientific research methods such as dialectical, formal-legal, systemic, hermeneutic, comparative-legal, empirical, etc. The content of individual categories “corruption”, “corruption risk”, “procedure”, “legal procedure”, “customs procedure”, “customs formalities” was clarified, the constituent elements of customs procedures were revealed. A proper definition of “corruption risk in the field of customs procedures” is proposed. It has been established that the customs procedure is a set of requirements that are determined by the implementation of customs control and customs clearance of goods and the peculiarity of paying taxes and customs payments, and the conditions of their implementation depend on a certain customs regime (that is, on the purpose, form and conditions of the movement of goods). It was determined that the institution of prevention of corruption risks in relation to violations of the established procedure for the implementation of customs procedures has its own specificity of legal support and is a separate subject of research in the science of customs law. It was found that the prevention of corruption risks in the implementation of customs procedures is a component of the prevention of corruption risks in the public administration of state customs affairs and is a separate part of the prevention of corruption in this area.   It was concluded that the corruption risk in the field of customs procedures is legal, organizational and other factors and reasons that generate, encourage (stimulate) corruption in the implementation of customs control procedures, customs clearance procedures, as well as tax and customs payment procedures and their order implementation. According to the prevalence, it is proposed to highlight the following corruption risks in the implementation of customs procedures in the activities of customs officials, namely: dishonesty of customs officials, the occurrence of a conflict of interests among customs officials, lack of control by the management of customs authorities, the presence of discretionary powers of customs officials etc.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"13 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140242736","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":"General secondary education in Spain: administrative law aspects","authors":"Dmytro Lamza","doi":"10.61345/1339-7915.2023.6.18","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.18","url":null,"abstract":"The article analyses the system of general secondary education in Spain from the perspective of administrative law. The author aims to study the main goals and objectives of general secondary education in Spain, its principles, structure, educational relations and the State’s obligations in the field of education. The research is based on the analysis of the fundamental legal act in the field of education in Spain, the Organic Law of Education. \u0000The author notes that in the system of compulsory secondary education in Spain, particular attention is paid to the educational and professional orientation of students, taking into account the gender-sensitive approach and special educational needs of students with disabilities. In addition, school education is aimed at teaching students the basic elements of culture, instilling tolerance, healthy lifestyle skills, and respect for the environment. \u0000For the purpose of comparative analysis of the practical achievements of the Spanish secondary education system, the author draws attention to the results of the OESD’s Programme for International Student Assessment PISA, other data from the OECD, UNDP and independent rankings. \u0000It is noted that public administration in the field of general secondary education is in close communication and interaction of public authorities, is characterised by decentralisation of powers, transparency, accountability, autonomy of educational institutions and flexibility in the organisation of the educational process. The author looks into the distribution of powers in the field of education between the bodies of the General State Administration, such as the Government of Spain and the Ministry of Education, Vocational Training and Sports of Spain, and the administrations of the Autonomous Communities. Education authorities at different levels coordinate their actions, each within its own competence, in order to use resources efficiently and achieve the goals set by law. \u0000On the basis of the research, the author concludes that public administration in the field of education in Spain is aimed at meeting to the fullest extent the needs of the population in providing general secondary education, and the Spanish education system itself is focused on the formation of educated, tolerant and culturally enriched individuals. The state is most interested in taking into account the needs of students to unveil their potential to the full extent.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"3 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140243547","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":"ECTHR case law on legal liability for offences in the field of environmental protection environment","authors":"Liudmyla Ivchenko","doi":"10.61345/1339-7915.2023.6.13","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.13","url":null,"abstract":"Pursuant to Article 55 of the Constitution of Ukraine, everyone has the right, after exhausting all national legal remedies, to apply for protection of their rights and freedoms to the relevant international judicial institutions or international organisations of which Ukraine is a member or participant [1]. One of such organisations is the European Court of Human Rights (ECTHR), which decides on the establishment of violations of human rights enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms (CCHR). Given that Ukraine has recognised the jurisdiction of the ECTHR and the principle of extending its judgments to third states that are not parties to the case, we consider the study of the Court’s case law to be a necessity for the member states. \u0000This article analyses the ECTHR case law on legal liability for environmental offences. Based on the results of the study, it is found that the peculiarity of the ECTHR judgments in cases concerning environmental offences is the absence of direct enshrining of “environmental” rights in the Convention, and the establishment of the components of such offences by interpreting the existing rules in each individual case.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"20 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140244164","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 impact of Russia’s military aggression on the economic crisis and risks of Ukrainian enterprises (economic and legal aspects)","authors":"Serhiy Fedyk, Olga Fedyk","doi":"10.61345/1339-7915.2023.6.9","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.9","url":null,"abstract":"The article is devoted to the study of the problems of the impact of Russia’s military aggression on the activities of enterprises in Ukraine. Considerable attention is paid to the study of economic risks and legal consequences for the activities of Ukrainian enterprises in the crisis period of 2022-2024. The current economic crisis in Ukraine arose as a result of Russia’s military invasion. As a result of such actions, many Ukrainian enterprises were destroyed. A significant number of enterprises lost the possibility of effective functioning on the economic market. However, there is still a certain part of enterprises that continue to function, but their activities are under threat.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"12 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140242038","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}