法律程序和人权

Olena Dashkovska, V. Vasiutin
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引用次数: 0

摘要

现代法律的问题在于人权领域法律程序的确立及其适当的法律规范。程序的不合理复杂化、法律规定的不明确导致实现人权的机会减少,并对个人在社会中的法律保护产生负面影响。在民主社会中实现个人人权的程序可能会变得复杂,以有利于公共安全,确保和保护其他公民的权利和自由。特别是,政治权利和自由对个人和整个社会都很重要,需要考虑不同主体的利益,并强调有必要协调这些利益,以防止可能出现的负面政治后果和侵犯其他公民的权利和自由。人权直接关系到个人和其他许多主体的利益。因此,有必要对各种利益进行全面的组合和协调,因为个人不同程度的法律意识和责任可能会造成不良后果,损害其他公民的权利和自由。因此,人权需要一种特殊的落实机制,其中包括各种类型的落实程序(倡议程序、程序程序和法律程序),甚至包括特殊的执法程序(国家登记程序、许可-授权程序、代表程序等),这些程序提高并有助于确保人权落实过程的效率和合法性。在民主社会中实现人权的法律程序必须满足以下要求:具有社会合理性,符合民主和人权至上的原则;对主体而言是充分的和可理解的;在法律层面上固定下来,包含最少的限制性和一揽子规范,以避免产生不必要的附则;在实施过程中不对权利的行使设置人为障碍;与所规定权利的内容相一致;在法律、组织和物质上提供。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal procedure and human rights
The problem of modern law is the well-founded establishment of legal procedures in the field of human rights and their adequate legal regulation. Unreasonable complication of procedures, lack of clarity of their regulation in the law leads to weakening of opportunities for the realization of human rights and negatively affects the legal protection of a person in society. Procedures for the realization of individual human rights in a democratic society can become complex in favor of public safety, ensuring and protecting the rights and freedoms of other citizens. In particular, political rights and freedoms are important for individuals and for society as a whole, require taking into account the interests of various subjects and emphasize the need to coordinate these interests to prevent possible negative political consequences and violations of the rights and freedoms of other citizens. Human rights are directly related to the interests of both an individual and many other subjects. Therefore, there is a need for a comprehensive combination and coordination of various interests, since a different level of legal awareness and responsibility of an individual can cause adverse consequences, harm the rights and freedoms of other citizens. Therefore, human rights require a special implementation mechanism, which includes various types of implementation procedures (initiative, procedural and legal), and even special law-enforcement procedures (state registration procedure, permit-licensing procedure, representative procedure, and others), which increase and help ensure efficiency and the legality of the process of their implementation. Legal procedures for the realization of human rights in a democratic society must meet a number of requirements: be socially justified and comply with the principles of democracy and the supremacy of human rights; be sufficient and understandable for the subject; to be fixed at the level of law and to contain a minimum of restrictive and blanket norms that generate unnecessary by-law rule-making; not to create artificial obstacles to the exercise of rights during implementation; correspond to the content of the rights for which they are established; to be provided legally, organizationally, materially.
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