international standards

The Legislative Regulation of Ensuring the Right to Peaceful Assemblies

Author: Yevheniia Kobrusieva
Institution: Oles Honchar Dnipro National University
ORCID: https://orcid.org/0000-0002-4225-9657
Year of publication: 2020
Source: Show
Pages: 7-16
DOI Address: https://doi.org/10.15804/ksm20200401
PDF: ksm/28/ksm2801.pdf

The scientific article is devoted to the study of the content of the legal provision of the constitutional right to peaceful assemblies in Ukraine as a means of ensuring the observance of citizens’ rights. Types of liability for violation of the order of organization and holding of meetings and rallies are considered. The study emphasizes the importance of enforcement of court decisions that have entered into force. The changes taking place in Ukrainian society arouse high activity and the desire of people to take a direct part in solving problems that concern their common interests, including the use of the right to peaceful assembly. However, despite the importance of this type of political rights, the constitutional provisions on freedom of assembly, assembly, street demonstrations and demonstrations, which are still not properly specified in the current legislation, are often limited or even violated. Based on the international experience of regulating the right to peaceful assembly, ways to increase the effectiveness of the mechanism of administrative and legal support of the right to peaceful assembly are proposed, which are to create a domestic mechanism to monitor compliance with international standards of human rights and freedoms. human being, if this or that problem is not solved at the national level. It is proved that even a rather small range of current norms enshrined in legislative acts of various levels, which guarantee the right to peaceful assembly, often show some inconsistency in the content of the outlined rights, especially from the standpoint of the right to freedom of peaceful assembly. the subject is called a citizen, and civil law - an individual. The necessity of introduction of international standards of ensuring the right to peaceful assembly, first of all the standards of the European community, which is connected with the European integration aspirations of Ukraine, is proved. After all, the implementation of European standards and their observance by the subjects of public administration is one of the preconditions for Ukraine’s integration into the European legal space. Since the right to freedom of peaceful assembly cannot be exercised in the absence of corresponding responsibilities imposed on the state by its authorized bodies, the analysis of the Constitution and laws of Ukraine allowed to separate such bodies into the category of subjects of power to ensure the right to peaceful assembly. In order to improve the situation in the studied area, it is advisable to review the current legislation, which ensures the implementation of court decisions, to continue reforming public authorities for the effective operation of the judiciary and the protection of citizens’ rights.

Cross-Border Crimes: Problems of Definition and Features (Ukrainian Criminal Law experience)

Author: Natalya Orlovska
Institution: National Academy of the State Border Guard of Ukraine named after Bogdan Khmelnitsky
ORCID: http://orcid.org/0000-0002-4400-560X
Author: Julia Stepanova
Institution: National Academy of the State Border Guard of Ukraine named after Bogdan Khmelnitsky
ORCID: https://orcid.org/0000-0001-7698-3486
Year of publication: 2021
Source: Show
Pages: 110-124
DOI Address: https://doi.org/10.15804/ksm20210208
PDF: ksm/30/ksm3008.pdf

The article touches upon a set of issues related to the cross-border crime definition and features. Cross-border crime can be defined as a criminal-legal, criminological and criminalist concept. The author’s approach is that it is exactly criminal-legal dimension of this problem that is primary one. A criminal-legal understanding of cross-border crimes is suggested. It is analyzed by comparing the provisions of a number of international and national acts in the context of cross-boundary as a legal concept and characteristics of offences. There is emphasized that cross-border crimes constitute a relatively stable set of crimes that threaten the interests of states in the sphere of border and national security. The cross-border crimes objective features are considered. They include public interests, offender’s modus operandi, the victim, items transferred across the border. It is concluded that the cross-boundary nature in the criminal law of Ukraine stems from the peculiarities of the offender’s actions. The classification of crimes into unconditionally and conditionally cross-border is suggested. Such a division is associated with the obligatory/optional nature of such an objective feature as border crossing.

ЦІЛІ СТАЛОГО РОЗВИТКУ: ПРІОРИТЕТИ ЦИВІЛЬНОЇ АВІАЦІЇ

Author: Lyudmila Chulinda
Institution: National Aviation University
ORCID: https://orcid.org/0000-0002-3771-4854
Year of publication: 2022
Source: Show
Pages: 113-133
DOI Address: https://doi.org/10.15804/ksm20220207
PDF: ksm/34/ksm3407.pdf

Sustainable Development Goals: Priorities of Civil Aviation

The article is devoted to the analysis of current problems of international civil aviation, in particular, intensification of work in the program of global partnership in civil aviation to implement the UN document “Transforming our world: an agenda for sustainable development until 2030”, which defines 17 Sustainable Development Goals. This document envisages the involvement of all countries in the world to promote prosperity, protect the planet, ensure peace, eradicate poverty, so that by 2030 all people can live safely. The analysis of the influence of modern world trends on solving the problem of priorities of civil aviation in achieving the Sustainable Development Goals, the study of Ukraine’s efforts to develop their provision in accordance with its own priorities and the problems of the world as a whole. The goals of sustainable development for the period up to 2030 are guidelines for the development of draft policy documents, draft regulations in order to ensure the balance of economic, social and environmental development of Ukraine. The technology of determining the priorities of international civil aviation is analyzed, taking into account the specifics of Ukraine’s development, set out in the National Report “Sustainable Development Goals: Ukraine”, as well as their compliance with international organizations. The measures proposed by the ICAO Council for the implementation of the priority goals of regional priority, proposals for setting priorities for sustainable development in new programs with the participation of member states of international and European civil aviation organizations are described. Topical issues of application of international standards of civil aviation, which testify to their effectiveness in improving approaches to achieving the Sustainable Development Goals, are covered. However, despite the fact that the problems of achieving the Sustainable Development Goals are relevant, attract the attention of many international organizations, not many domestic researchers have tried to provide independent scientific justification for international civil aviation, provided by the final UN document. The development of domestic legislation, its gradual harmonization with international law, as well as regular ICAO recommendations, existing international and European standards in the field of civil aviation necessitate the emergence of new research in this area.

Zasada domniemania niewinności a dziennikarska sprawozdawczość sądowa

Author: Emil Smardz
Institution: Uniwersytet Jana Kochanowskiego w Kielcach
Year of publication: 2018
Source: Show
Pages: 215-237
DOI Address: https://doi.org/10.15804/tpn2018.2.11
PDF: tpn/14/TPN2018211.pdf

The author analyses presumption of innocence in the media’s reporting of the judicial procedures. The principle of presumption of innocence says that the accused will be considered not guilty, unless his guilt will be proved in the final judgment of the court. This principle is written down in art. 42.2 of the Polish Constitution and art. 5 § 2 of the criminal procedure code. The above principle concerns all people, i.e. authorities of criminal process, police, administration agencies and even simple citizens. The Polish press law prohibits publication of personal data of the accused without the consent of public prosecutor or court as well as data of the injured person and witnesses without their consent. The press law also prohibits to prejudge the guilt of the accused before his conviction by the court of first instance. Alas, there are numerous cases of violation of such rules. Today one observes the increasing process of infotainment of mass media becoming more and more tabloid. They have a negative influence on realization of principle of presumption of innocence in everyday practice.

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